Denver criminal defense lawyer / jurisdiction

A tool that's not typically useful for a Denver criminal defense lawyer is jurisdiction. However, when it is useful, it can be basically fatal for the case against you. In that respect, it's sort of like the statute of limitations, which is rarely used but works every time. Jurisdiction is an element of every offense, which means it has to be proven every time. So even though it is rarely at issue, it is used in every case. Let's break it down.

Basically jurisdiction is simply the ability of a court to make rulings on certain things. It really comes down to two different things: territory and subject matter. Territory basically means a court (and district attorney) govern a certain area. If you commit a crime in Denver County, then get charged by the Arapahoe County district attorney, your Denver criminal defense lawyer can move to dismiss. The Arapahoe County court does not have jurisdiction to hear the case. That means it would have to be dismissed. The Denver district attorney can still charge the case. But sometimes different counties have different standards. or sometimes the statute of limitations has run out. That means you've successfully beaten the rap.

The other jurisdiction thing is subject matter. This generally applies to federal court, and a lot of times in civil litigation. Federal courts can only hear civil cases that are over 75,000 in value, and between citizens of different states. That means if it turns out one citizen is trying to sue another citizen of the same state in federal court, the case can get thrown out.

Jurisdiction is such a powerful defense it is not limited to any time in the proceeding. That means even if the conviction happens, if your Denver criminal defense lawyer is dumb and didn't notice the jurisdiction defense before the trial, it can still get thrown out. That's because without jurisdiction, the whole case is deemed totally null. None of the court's actions were valid at all.