Can Criminal Charges Be Dropped in Colorado? Here's What You Should Know

Can Criminal Charges Be Dropped in Colorado? Here’s What You Should Know

Quick Answer: Can Criminal Charges Be Dropped in Colorado?

Yes. Criminal charges can be dismissed in Colorado, but the person who reported the alleged crime generally does not control that decision. The prosecutor decides whether to pursue criminal charges and may ask the court to dismiss a filed charge. A judge can also dismiss charges in certain circumstances when there is a legal basis to do so. Depending on the case, charges may be declined before filing, dismissed after filing, reduced through negotiation, or ultimately dismissed after successful completion of a diversion agreement or deferred judgment. Whether any of those outcomes is possible depends on the evidence, applicable law, charges involved, and circumstances of the individual case.

Key Takeaways for Getting Criminal Charges Dropped in Colorado

• Prosecutors generally control charging decisions and whether the prosecution will seek dismissal of a charge.
• A person who reports an alleged crime generally cannot simply "drop the charges."
• "Declined," "dismissed," "reduced," and "acquitted" describe different outcomes.
• Weak evidence, suppression of important evidence, witness issues, or other legal problems can affect whether prosecutors continue pursuing a case.
• Pretrial diversion can result in dismissal of the charges covered by the agreement after successful completion.
• A successfully completed deferred judgment can also result in withdrawal of the guilty plea and dismissal.
• When a Colorado criminal case is completely dismissed, state law generally provides for sealing of the criminal justice records associated with the case.

Who Decides Whether Charges Get Dropped in Colorado?

The answer depends partly on whether charges have already been filed. Before charges are filed, prosecutors generally decide whether the available evidence justifies initiating or continuing a prosecution. Police investigate suspected crimes, make arrests when legally authorized, and submit reports and evidence, but an arrest does not guarantee that the district attorney will ultimately prosecute the case. Once criminal charges have been filed, prosecutors continue to exercise significant discretion over how the prosecution proceeds. A prosecutor may determine that a charge should be dismissed and ask the court to dismiss it. The judge has a different role. Judges do not function as prosecutors or independently decide which charges they would prefer to pursue. But courts do have legal authority to dismiss charges in appropriate circumstances, rule on defense motions, suppress evidence when required by law, and determine other legal issues that can affect whether a prosecution can continue. So when people say the DA "dropped the charges," they usually mean that the prosecution decided not to continue pursuing the charge and obtained its dismissal.

Dropped vs. Dismissed vs. Declined — What's the Difference?

These terms are often used interchangeably in everyday conversation, but they don't mean exactly the same thing. Declined charges generally means the prosecutor reviewed a potential case and decided not to file criminal charges. Dismissed charges generally means criminal charges were filed but the case or particular charge was later formally dismissed. Dropped charges is an informal phrase. Depending on the context, someone may use it to describe either a prosecutor declining to file a charge or seeking dismissal of one that has already been filed. Reduced charges means the prosecution continues, but the defendant faces a different or less serious charge. Acquittal is different from all of them. An acquittal occurs when a defendant is found not guilty after the case is tried to a judge or jury. Whether a dismissed charge can later be refiled depends on why and how it was dismissed, applicable statutes of limitation, constitutional protections, and other procedural rules. A dismissal with prejudice generally prevents reprosecution of the dismissed charge, while a dismissal without prejudice may permit refiling when otherwise legally allowed.

Can the Victim Drop the Charges?

Generally, no. Once an alleged crime is reported, the criminal case is prosecuted by the government—not by the alleged victim personally. That means an alleged victim generally cannot require the prosecutor to dismiss a case simply by saying, "I want to drop the charges." The alleged victim's cooperation and statements can still matter significantly. If an important witness recants, changes their account, refuses to cooperate, or becomes unavailable, that may affect the prosecution's ability to prove its case. But it does not automatically result in dismissal. Depending on the circumstances and the rules of evidence, prosecutors may have other admissible evidence, potentially including photographs, video, body-camera footage, physical evidence, witness testimony, admissions, or portions of recorded communications.

What About Domestic Violence Cases?

Domestic violence cases require particular caution. Colorado law imposes special requirements on prosecutors handling cases involving domestic violence. The fact that an alleged victim asks for the charges to be dismissed does not, by itself, require dismissal. Colorado law also requires mandatory protection orders in criminal cases under specified circumstances. If a court order prohibits contact with a protected person, violating that order can create additional legal problems regardless of whether the protected person initiated or agreed to the contact. For that reason, a defendant should follow the actual terms of the protection order rather than relying on what another person says is okay.

Common Reasons Criminal Charges May Be Dismissed in Colorado

There is no formula that guarantees dismissal. But several issues can materially affect whether a prosecutor is willing or able to continue pursuing a criminal case.

Insufficient Evidence

The prosecution ultimately bears the burden of proving every element of the charged offense beyond a reasonable doubt at trial. If the admissible evidence is insufficient to support the charge, the prosecutor may decide not to proceed.

Suppression of Important Evidence

Evidence obtained in violation of constitutional protections may sometimes be suppressed. If the court excludes evidence that is essential to the prosecution's case, the prosecutor may have difficulty proceeding and may ultimately seek dismissal or offer a different resolution.

Witness or Credibility Problems

Witness availability and credibility can matter. A critical witness who cannot testify, materially changes their account, or has significant credibility problems may weaken the prosecution's case. But witness problems do not automatically require dismissal. Prosecutors may be able to prove a case with other admissible evidence.

Constitutional or Procedural Problems

Unlawful searches or seizures, improper interrogations, or other constitutional violations can affect what evidence the prosecution may use. The appropriate remedy depends on the particular violation. Not every constitutional violation results in dismissal of the entire case.

Problems Proving an Element of the Offense

Every criminal offense contains specific elements that the prosecution must prove. Sometimes the dispute isn't over whether an event occurred but whether the available evidence actually establishes every element of the particular crime charged. That can provide a basis for dismissal, reduction, negotiation, or acquittal depending on the circumstances.

What Is Pretrial Diversion in Colorado?

Pretrial diversion provides some defendants with an alternative to traditional prosecution. Under Colorado's statutory diversion framework, a district attorney may suspend prosecution before or after charges have been filed while the defendant completes an agreed-upon diversion program. The purpose of diversion includes preventing future criminal conduct, promoting accountability and rehabilitation, addressing victim restitution, and allowing appropriate defendants to avoid some of the collateral consequences associated with criminal charges and convictions. Diversion conditions can include requirements such as:

• Counseling or treatment;
• Educational programs;
• Community service;
• Restitution;
• Drug or alcohol testing;
• Mental or behavioral health services; or
• Other conditions appropriate to the particular case.

Eligibility is not limited by a simple statewide rule such as "first-time, nonviolent offenders only." District attorney offices establish eligibility policies and evaluate factors including the nature and circumstances of the alleged offense, the defendant's circumstances, rehabilitation and reintegration, and the public interest. Program availability and criteria can therefore differ among Colorado judicial districts. When a defendant successfully completes a statutory diversion agreement, the charges covered by the agreement are dismissed with prejudice.

What Is a Deferred Judgment and Sentence?

A deferred judgment is different from pretrial diversion. Under a deferred judgment and sentence, the defendant enters a guilty plea pursuant to an agreement, but entry of judgment and sentencing are deferred while the defendant completes specified conditions. Those conditions may resemble probation and can include treatment, classes, restitution, community service, remaining law-abiding, or other requirements. If the defendant successfully completes the deferred judgment, the guilty plea is withdrawn and the charge is dismissed with prejudice as provided by Colorado law. If the defendant violates the deferred judgment agreement and the court determines that a violation occurred, the consequences can include entry of judgment and sentencing. The important distinction is that pretrial diversion ordinarily does not require a guilty plea, while a deferred judgment does.

	Pretrial Diversion	Deferred Judgment	Conviction
Guilty plea required?	Generally no	Yes; judgment and sentencing are deferred	Yes, or defendant is found guilty
Successful completion	Covered charges dismissed	Guilty plea withdrawn and charge dismissed	Conviction remains unless later altered through another legal process
Eligibility	Determined under applicable DA policies and statutory considerations	Depends on the charge, agreement, prosecutor, and applicable law	Not applicable
Primary risk of noncompliance	Prosecution may resume	Judgment and sentencing may follow if a violation is established	Sentence and collateral consequences apply

When Can a Suppression Motion Affect a Criminal Case?

A motion to suppress asks the court to prevent the prosecution from using particular evidence because it was obtained in violation of the defendant's legal or constitutional rights. Common suppression issues can involve:

• An unlawful traffic stop or detention;
• A search conducted without legally sufficient justification;
• Problems with a search warrant;
• An unlawful arrest; or
• Statements obtained in violation of applicable constitutional protections.

One important distinction involves Miranda warnings. A Miranda violation generally concerns whether particular statements obtained through custodial interrogation may be admitted into evidence. It does not automatically mean that the entire criminal case must be dismissed. Likewise, winning a suppression motion does not automatically end a prosecution. But if the evidence suppressed is critical to proving the charge, the prosecution may no longer have enough admissible evidence to proceed. That can sometimes lead to dismissal or a substantially different resolution.

What Happens if Your Charges Are Reduced Instead of Dismissed?

Dismissal is not the only potentially favorable outcome in a criminal case. Sometimes the prosecution agrees to reduce the charge rather than dismiss the case completely. For example, depending on the facts and applicable law, a felony charge may ultimately be resolved as a misdemeanor, or an original charge may be replaced by a different offense. A reduced charge can potentially affect:

• Possible jail or prison exposure;
• Fines;
• Probation;
• Employment consequences;
• Professional licensing;
• Firearm consequences;
• Immigration consequences; and
• Whether the resulting conviction might later qualify for record sealing.

The actual effect depends on the specific original and reduced charges.

What Should You Do While Your Criminal Case Is Pending?

What you do while a criminal case is pending can affect both the defense and the available options for resolving it.

Don't Discuss the Facts Publicly

Avoid posting about the case on social media or discussing its details with people who do not need to know them. Statements, messages, photographs, videos, and social-media posts can potentially become evidence.

Follow Protection and No-Contact Orders

Read every court order carefully and follow it exactly. Do not assume that contact is permitted simply because the protected person initiates the communication.

Preserve Potential Evidence

Save potentially relevant:

• Text messages;
• Emails;
• Photographs;
• Videos;
• Receipts;
• Location information;
• Voicemails; and
• Other records related to the allegations.

Do not alter or destroy potential evidence.

Follow Bond Conditions

Comply with every condition imposed as part of your bond or pretrial release. A violation can create additional problems and may affect how prosecutors and the court view the pending case.

Attend Required Court Dates

Appear for every court date unless your attorney or the court tells you that your appearance has been excused. Failing to appear when required can result in additional court action and, in some circumstances, issuance of a warrant.

What Happens to Your Record if Charges Are Dismissed?

This is an important distinction: dismissal and sealing are separate concepts, even though Colorado law connects them in many cases. Under Colorado's current non-conviction sealing law, the court generally must seal criminal justice records when a criminal case against a defendant is completely dismissed. Colorado law also provides for sealing when a defendant is acquitted of all counts and in certain cases following successful completion of diversion or a deferred judgment and sentence. That does not mean every conceivable record disappears immediately from every database. Colorado has specific procedures governing how courts and criminal justice agencies seal records, and different rules apply to arrests where charges were never filed. If your case was dismissed, it is worth confirming that the record was actually sealed rather than simply assuming that dismissal means every trace of the case has disappeared.

FAQ: Can Criminal Charges Be Dropped in Colorado?

Can the Victim Drop Charges in Colorado?

Generally, no. The alleged victim does not personally prosecute the criminal case and therefore cannot simply order the charges dismissed. The alleged victim's wishes, cooperation, statements, and credibility may affect the prosecution's evaluation of the case, but the ultimate prosecution decision belongs to the government, subject to the court's role in formally dismissing filed charges.

Can Charges Be Dropped Before the First Court Date?

Yes, in some circumstances. A prosecutor may decline to file a potential case after reviewing the evidence. If charges have already been filed, the prosecution may also seek dismissal before the defendant's first scheduled court appearance when legally and procedurally appropriate. Whether that happens depends on the facts, evidence, procedural posture, and circumstances of the case.

What Is Pretrial Diversion in Colorado?

Pretrial diversion allows an eligible defendant to enter into an agreement with the prosecutor under which prosecution is suspended while the defendant completes specified conditions. Successful completion of a statutory diversion agreement results in dismissal with prejudice of the charges covered by the agreement. Eligibility and program requirements can vary among Colorado district attorney offices.

Does a Dismissed Charge Stay on Your Record?

Dismissal does not mean the historical arrest and court records never existed. However, Colorado law generally requires criminal justice records to be sealed when a filed criminal case is completely dismissed. Colorado also provides sealing procedures for other qualifying non-conviction records. Because sealing involves specific statutory procedures, defendants should confirm that their records have actually been sealed.

Can Charges Be Refiled After Being Dropped?

Sometimes. A charge dismissed without prejudice may potentially be refiled if doing so is otherwise permitted by law. Statutes of limitation, speedy-trial requirements, double-jeopardy protections, the reason for the original dismissal, and other rules can affect whether refiling is allowed. A dismissal with prejudice generally prevents the prosecution from refiling the dismissed charge.

What Is the Difference Between Dismissed and Acquitted?

A dismissal ends a charge without a conviction and can occur before trial or during the proceedings. An acquittal occurs when the defendant is found not guilty after the factfinder—either a judge or jury—decides the case. The distinction matters because different procedural and constitutional consequences can follow each outcome.

Will the DA Drop Charges if the Witness Won't Testify?

Not necessarily. The loss of an important witness can substantially weaken a prosecution, but it does not automatically require dismissal. Whether the case can continue depends on what other admissible evidence exists and whether the prosecution can prove each element of the offense without that witness.

Facing Criminal Charges in Denver? Here's Your Next Step

The earlier a defense attorney can review the prosecution's evidence, the sooner potential problems with the case can be identified. That can include reviewing police reports and body-camera footage, examining witness statements, evaluating searches and seizures, identifying evidentiary problems, determining whether diversion may be available, and communicating with prosecutors about possible resolutions. The attorneys at Price Criminal Defense bring experience from inside Colorado's criminal justice system, including prosecutorial experience, to the defense of people accused of crimes. We don't treat criminal cases as interchangeable. The facts, evidence, history, and goals of each client matter. Call Price Criminal Defense at (720) 615-7106 for a free consultation. All calls are answered 24/7. Our Denver criminal defense attorneys represent clients in Denver.