Colorado Springs Domestic Violence Lawyers Discuss Dropping Charges
Over the years, one of the more common questions asked regarding a domestic violence case is "can my husband/wife/girlfriend/boyfriend drop the charges?" Colorado's Victims' Rights Act affords victims of crimes various rights. See C.R.S. § 24-4.1-302.5.
These rights include, but are not limited to, the right to be informed of and present for all critical stages of the process, the right to be heard at Court proceedings related to the case, and the right to a free copy of the initial incident report generated by law enforcement. A victim does not, however, have the right to "drop" the charges. Once the state becomes involved in an incident by way of law enforcement, the individual loses control over whether the government prosecutes the case or not. If you are facing domestic violence charges in Colorado Springs, read more to learn about your rights.
In the state of Colorado and pursuant to C.R.S. § 18-6-803.6(1), when a peace officer believes he or she has established probable cause that a crime has been committed and that the crime was committed as an act of domestic violence as defined by C.R.S. § 18-6-800.3(1), the officer shall arrest the person suspected of the offense. This probable cause can be based on poorly obtained evidence and statements.
The government acting through the prosecutor will be in charge of handling the case. Colorado legislature has enacted law to make negotiating these types of cases difficult. Pursuant to C.R.S. § 18-6-801(3), any plea involving an allegation of domestic violence shall be required to include a domestic violence designation if there is an underlying factual basis of domestic violence pursuant to C.R.S. § 18-6-800.3(1). A domestic violence conviction can result in the loss of liberty, loss of employment, expensive treatment fees, and will permanently bar a person from owning or possessing a firearm. These steep penalties combined with the relevant legislation lead to many cases being set for trial over an alleged victim's wishes. If you have been charged with a domestic violence you need an attorney at your side from the beginning.
These laws are fairly complex, and depending on the circumstances, an innocent person could find themselves in a trial with high stakes. You need a Colorado Springs criminal defense attorney with a strong understanding of domestic violence laws, you should consider contacting The Bussey Law Firm, P.C. We are a team of dedicated criminal defense lawyers, and we will do everything in our power to ensure that your reputation and criminal record remain unblemished. Call our office today at (719) 475-2555 for additional information.