If you were accused of domestic violence, you may be relieved to find out that the alleged victim is asking to drop charges or recanting their original accusations. Many people mistakenly believe that victims have the power to stop the criminal justice system from pursuing a case against them. However, this is not the case. If you are accused of domestic violence, you must hire an experienced Lakewood domestic violence defense attorney who can explain your legal rights, advise you of your options, and build an effective defense for your case.
Why Can’t the Victim Drop Charges?
When people report crimes to the police, police investigate. The prosecutor files charges when they believe the accused has committed a crime. Only the prosecutor has the power to drop false domestic violence charges, not the victim. This is because the prosecutor acts in the public’s interests. Therefore, even if a domestic violence victim changes their story due to family dynamics, personal interests, or other reasons, the prosecutor can still proceed with the case against the accused in the interest of justice.
Colorado’s Mandatory Arrest and Prosecution Rules
Colorado lawmakers take accusations of domestic violence seriously. The state has a mandatory arrest rule in these criminal cases. If the police have probable cause that someone committed an act of domestic violence, they must arrest the person. In other cases, police typically have discretion whether or not to arrest someone.
Colorado has a fast track for domestic violence cases. After they arrest someone for domestic violence, they must complete an incident report the same day, and the defendant must enter an initial plea during the first court hearing. The court puts a protection order in place, which requires the defendant to stay away from the alleged victim. This order can also place additional limitations on the defendant or otherwise adversely affect their rights.
Then, even if the alleged victim reneges on their story, the prosecutor is subject to a mandatory prosecution rule. They don’t have the discretion to drop the charges. A prosecutor can only drop the charges if they prepare an affidavit to the court, under oath, stating that there is insufficient evidence to prove the charge beyond a reasonable doubt. Then, the judge can authorize the dropping of the charges.
Reasons the Prosecutor May Drop Domestic Violence Charges
Even though the alleged victim cannot personally drop the charges, if they recant and refuse to cooperate, the prosecutor may not have any other evidence demonstrating you committed the crime. Your lawyer could also argue that the court should suppress damaging evidence because police did not have probable cause to arrest you or conduct an illegal search. An experienced Lakewood defense attorney will need to craft a compelling argument to have the charges dropped.
Contact a Former Domestic Violence Prosecutor to Protect Your Legal Interests
If you are facing domestic violence charges, The Law Offices of Elaine E. Lukic can mount a robust defense on your behalf. An experienced car accident lawyer can investigate your case and identify all plausible defenses. Contact us today for a confidential case review.