There are a variety of circumstances that could lead to you being arrested for domestic violence. From an argument that got out of hand to false accusations with many degrees in between. If you’ve been arrested, having an experienced attorney is very important – the laws and consequences are complicated. We’ve compiled a few of the most frequently asked questions we receive for Colorado Springs domestic violence cases.
Why would a Domestic Violence case be dismissed
It is somewhat rare to see a domestic violence case be dismissed, especially in Colorado, because it’s a no-drop prosecution state. This means that a DA cannot plead down a case to a lesser charge. District Attorneys also don’t necessarily need a victim to be prosecuted. If the defendant admitted fault, or if the act was witnessed by a 3rd party, it may not be necessary for a victim to testify. If the victim sought medical attention for an injury, that could also be used as evidence without victim testimony. For a domestic violence case to be dismissed, the most likely scenario is that the witness is wrong or lying when the case can ONLY be proven with that specific witness and the prosecutor believes the case could not be proven without that witness – the case may be dismissed. This is a lot of “grey area” and should not be counted on.
Do most Domestic Violence cases go to trial
The short answer is no. While it’s not easy to get a domestic violence case dismissed, many times the cases come to a conclusion via a plea deal. Prosecutors can bring in expert witnesses, 3rd party witnesses, and more. Going to trial can be very stressful and many times cases are settled with a plea deal prior to the actual trial. Having an expert attorney by your side is important because while most cases might not go to trial, that does not mean they are dismissed.
Does domestic violence stay on your record
Yes. A domestic violence conviction will go on your permanent record. The conviction will surface every time a background check is done. For a job, a loan, an apartment rental, or even running for a minor political office like a school board or county commissioner position. An experienced lawyer could be the difference between your clean record and a lifetime of issues. In some cases, a domestic violence conviction can be sealed, which means it remains on your record but is not visible to background checks or the general public. An experienced attorney can help you get this sealed – which would allow you to claim that the accusation, crime, or conviction never happened.
What evidence is needed for prosecution of a Domestic Violence case
Evidence in a domestic violence case can be tricky. Acceptable evidence can come in many forms:
Physical evidence, such as photos of injuries or destroyed and damaged property can be used as evidence
Bystander testimony is admissible. If the person was a witness but in no way involved in the incident, they’re considered a bystander
The victim can be a witness but cannot be forced to testify as other witnesses can. They must voluntarily testify.
Police Officers can be witnesses if they were responders to the altercation and saw first-hand evidence. This can be damning testimony, but an experienced attorney can work to limit its impact. There are cases where police officer testimony was not allowed- your case might be one of those. We can’t emphasize this enough – get an attorney!
As you can see, domestic violence cases are complicated – attempting to represent yourself or attend court without an experienced attorney is a huge gamble. Having a Colorado Springs domestic violence attorney by your side that knows the law, the legal system, and is familiar with the El Paso County court system is important. Give the Law Offices of Steven Rodemer a call to discuss your case today.
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