Being arrested for domestic violence in Denver can quickly place someone’s freedom and reputation in jeopardy. Prosecutors rely heavily on cooperation from victims, but allegations involving a victim who has or had an intimate or familial relationship with the defendant can lead to complex situations as the case moves forward.
In certain cases, the victim may even cease cooperating with the state. Blackley & Wingad, PLLC can explain why these situations may not immediately lead to dropped charges.
Understanding How Prosecutors Manage Domestic Violence Cases
Under Colorado Revised Statutes § 18-6-801, domestic violence is generally treated as a designation attached to an underlying criminal offense, rather than a separate crime. A misdemeanor involving domestic violence can become a Class 5 felony when the defendant has three or more qualifying prior domestic violence convictions.
While victims often initiate a criminal investigation, prosecutors serve a different role than law enforcement. Once someone is formally charged with a crime, prosecutors represent the state in pursuing the case. They rely on evidence when proving a defendant’s guilt beyond a reasonable doubt. While victim cooperation is often crucial in these cases, prosecutors can still move forward, even when the victim stops cooperating with the state.
The Denver District Attorney’s Office assigns victim advocates to qualifying cases under Colorado’s Victim Rights Act. These advocates can explain the court process to victims, provide emotional support, connect them with available resources, and keep them informed about critical stages of the case. However, receiving victim services does not give the victim authority to determine whether criminal charges move forward.
Domestic violence criminal laws aim to reduce the occurrence of these types of crimes in a city that sees a violent crime rate of 5.491 per 1,000 residents in a normal year. One in four men and one in three women experience domestic violence in their lifetime.
Reasons Why a Victim May Cease Cooperating With Prosecutors
Whether the victim of a crime lives in North Capitol Hill, Sloan Lake, Five Points, or another part of Denver, there are multiple reasons why they may choose to cease cooperating with prosecutors. Interpersonal and intimate relationships can be complex, so the person who initially called the police may no longer want their partner or former partner to face criminal penalties.
In the weeks and months following the initial arrest, the victim may have reconciled or resumed their relationship with the defendant. If the defendant financially provides for the victim and other family members, the financial hardships that could follow a conviction may weigh on that decision. In other cases, the victim may be struggling to reconcile their initial statements with what actually happened.
Why Someone Should Hire a Domestic Violence Lawyer
If someone is facing domestic violence charges in Colorado, the decision to hire a domestic violence lawyer could protect them from becoming one of the roughly 30,000 people in Colorado currently serving time behind bars. If the victim in their case no longer cooperates with prosecutors, that could support their defense.
Without the victim’s continued testimony, prosecutors could face challenges with establishing disputed facts. The state could also face credibility issues that could weaken their case. A Denver domestic violence attorney can explain the relevant domestic violence laws and how changes in circumstances could help their client avoid domestic violence penalties.
Defense attorneys understand the steps needed to leverage weaknesses in the state’s case. If the victim’s statements are not credible or witness accounts conflict, the defendant’s attorney can use those shortcomings to call for a dismissed case. In certain circumstances, reduced penalties or a favorable plea bargain could also allow a defendant to put the ordeal behind them.
FAQs
Why Do Most Domestic Violence Cases Get Dropped?
While there is no single reason why domestic violence cases get dropped in Colorado, charges may be dismissed when prosecutors no longer have sufficient admissible evidence to prove the case beyond a reasonable doubt. Problems with witness testimony, conflicting statements, unavailable evidence, or weaknesses in the prosecution’s case can all potentially contribute to a dismissal.
Does the Prosecution Drop the Case If the Victim Drops the Charges?
Not necessarily. A victim cannot unilaterally “drop” criminal charges in Colorado. The decision to pursue or dismiss charges rests with the prosecution. Even when a victim no longer wants to participate in the case, prosecutors may continue pursuing charges if there is other available evidence to establish the defendant’s guilt.
How Can an Accused Person Fight a Domestic Violence Charge in Colorado?
An accused person can fight a domestic violence charge in Colorado by hiring an experienced defense lawyer to challenge the prosecution’s evidence while advocating for their rights and interests. A defense strategy could focus on conflicting statements, insufficient evidence, self-defense, credibility issues, or other weaknesses in the prosecution’s case.
Can a Victim Refuse to Testify in a Colorado Domestic Violence Case?
A victim may tell prosecutors that they do not want to testify, but they generally cannot simply disregard a lawful subpoena requiring their testimony. Even when a victim stops voluntarily cooperating with prosecutors, the state may use its subpoena power to require the victim to appear in court. Whether the prosecution can proceed without the victim’s testimony depends on the other admissible evidence available in the case.
Talk to a Denver Domestic Violence Defense Lawyer
A domestic violence case does not end simply because an alleged victim no longer wants charges pursued. Once prosecutors move forward with a case, experienced legal representation can be critical for challenging the evidence, contesting the allegations, and protecting the rights of the accused.
Blackley & Wingad, PLLC has decades of combined courtroom experience, having managed more than 100 trials. Our founding attorneys began their careers as Assistant Public Defenders in Miami-Dade County, where they gained extensive experience while investigating criminal allegations, conducting depositions, and preparing cases for trial.
Today, they bring that same aggressive, trial-ready approach to clients in Denver. Contact Blackley & Wingad, Attorneys at Law, PLLC, to discuss a domestic violence case with attorneys prepared to advocate for you inside and outside the courtroom.
