Colorado Springs Domestic Violence Lawyers Discuss Dropping Charges
If you are charged with a domestic violence offense, you are facing a very serious legal problem. In Colorado, the law dictates that if a police officer has established probable cause that an act of domestic violence has occurred, an arrest is mandatory. When law enforcement is called out on such a case, and a person is accused of committing such an act, an arrest will take place, whether the accusation is true or false, or there were other mitigating factors, such as an act of self-defense.
In some cases, the alleged victim, within hours or days, admits that the accusation was false or exaggerated. The accused may breathe a sigh of relief – but not so soon. A victim who admits to lying or exaggerating will not lead to dropped charges. Only the prosecutor can make that decision. Once an arrest has been made, you lose any control over whether the case will proceed, even when the alleged victim admits that the incident did not occur.
Domestic violence is a designation added to another crime, typically assault, stalking, destruction of property, or other crime. This designation can enhance the penalty imposed in a conviction. The first step in crafting a defense case is to ensure you, as the accused, are 100 percent compliant to the terms of the protection order.
If you violate the order, you will be arrested and jailed, and will face an added charge. The terms of a protection order may include any contact, such as making a phone call, sending a text or email, entering your own home, or being within a certain distance of the alleged victim. If you need to gather your personal belongings, our domestic violence defense lawyers can help you make these arrangements – never do it on your own.
Every case has unique circumstances and evidence. The first step is a full review and evaluation of the evidence that led to the arrest.
In some cases, a person was legally justified to defend themselves. If attacked, you have the right to defend yourself. The act may have been to protect a child who was being threatened by an angry or violent domestic partner. When this is the case, your defense will involve presenting evidence to support that you were legally justified in your actions.
Relationships have their ups and downs, but in some cases, an argument or breakup leads to false accusations. False accusations could be a strategy for a parent who wants full custody of the children of a marriage or relationship. While the courts do not look kindly on people who level false accusations, your attorney must present evidence to support the defense of the accused, such as character witnesses, emails, texts, phone records, or other information. You are innocent until proven guilty, and if no evidence proves your guilt beyond a reasonable doubt, you cannot be convicted.
A private investigator can be enlisted to gather evidence that could prove to be extremely valuable in your defense. A PI will take certain actions, including interviewing witnesses and gathering facts to help support a case for the defense. The facts gathered can be very revealing, particularly in cases of false accusations.
If you are accused of a domestic violence offense, exercise your right to remain silent, and get in touch with a Colorado Springs domestic violence defense attorney at The Bussey Law Firm, P.C. The earlier our firm gets involved in the defense the more options are available. The ideal outcome is a dropped charge, but this is not only possible with an aggressive prosecutor. If convicted, your freedom, along with your reputation, could be lost.