The Colorado State Legislature determined that domestic violence is a serious burden to our society. In fact, if there is a claim of domestic violence, and law enforcement must respond to a scene, an arrest WILL be made. These laws are brutal, because, even if the alleged perpetrator of the domestic violence is innocent, he/she will be charged, because of the allegations! This is very unfair, but that fact standing alone, makes my job that much more important…protecting a victim is one thing, but falsely accusing another person is a whole different breed. These cases MUST be attacked by the defense attorney! I, in fact, take the offensive, to show that my client is innocent, as opposed to resting with the usual defense position that the Prosecution cannot prove its case beyond a reasonable doubt! A great defense is an aggressive offense!
When a person is charged with a domestic violence criminal offense, the suspect (Defendant) is not be allowed to post bond. The Defendant must appear before a judge, who advises the defendant that there is an automatic restraining order, CRS 18-1-1001, that prevents the Defendant from harassing, molesting, assaulting, and stalking the alleged victim. In addition, that restraining order may also require the defendant to vacate his/her home, and also to have “no contact” with the alleged victim(s). Homeowner Defendants may actually be removed from his/her home, in favor of an alleged victim, who may not even have residence in the same property, but who may there only temporarily…IT IS ABSURD!
To add insult to injury, some prosecutors will attempt to have the accused enter into a plea agreement at the first appearance, without advice from an experienced attorney. Many times the prosecutor will threaten to bring additional charges, or threaten to raise bond, in an effort to coerce the defendant into “copping” a plea, WITHOUT asserting any defenses (self defense, protection of property, protection of another, etc).
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