If you are facing charges for domestic violence in Colorado, you might be hoping for the alleged victim to recant their story and drop the charges. However, this is more complicated than it may seem, as the prosecutor retains the power to drop charges or continue with a case against you. Still, a dismissal of charges can help you avoid trial and having a criminal record that negatively impacts your life. An experienced Lakewood domestic violence lawyer from The Law Offices of Elaine E. Lukic can explain the likelihood of dropped charges in your case.
What Is Domestic Violence?
Colorado law defines domestic violence as an “act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship.” The defendant and alleged victim must have certain relationships, such as:
- Spouses
- Former spouses
- Past or present unmarried couples
- Parents of the same child
How Domestic Violence Charges Are Dropped
Contrary to popular opinion, a crime victim cannot “drop” charges. Prosecutors file charges, so they are the only ones who can drop them. Prosecutors may do this if they believe they will not be successful in trying the case.
The judge can also rule to dismiss charges for various reasons, such as:
- Finding there is insufficient evidence to prove that you committed the crime by proof beyond a reasonable doubt
- Granting a deferred judgment so that charges are dismissed if you complete certain sentencing terms, such as attending counseling or paying restitution
- Finding procedural violations, such as evidence that police obtained through illegal means
- Determining that charges were not filed within the applicable statute of limitations
- Finding that certain evidence should be suppressed and that without it, there is no justification to allow the trial
Criminal defense attorneys in Lakewood can look for justification to dismiss charges and file motions to persuade the judge to do so.
How Does a Witness’ Non-Cooperation Affect a Domestic Violence Case?
While witnesses don’t have the authority to drop charges, their unwillingness to cooperate can affect a case. The prosecution may be relying on the alleged victim’s testimony to support their case. Without it, there might not be sufficient evidence against you, or your story may not be as easy to disprove.
Still, prosecutors may still call an uncooperative witness to the stand as a hostile witness to compel their testimony. You can’t rely only on the witness not being cooperative. An experienced criminal defense lawyer can interview you, investigate your case, and devise a legal defense strategy designed to your case’s strengths.
Contact an Experienced Criminal Defense Lawyer for a Confidential Case Review
Are you facing domestic violence charges? If so, The Law Offices of Elaine E. Lukic can help. I’m a former sex crimes and domestic violence prosecutor, so I understand these cases and what may compel the prosecution to drop charges against you. Contact us today to discuss your case in a confidential setting.