How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask xavierjd Your Own Question

xavierjd
xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience:  Over 20 yrs experience in prosecution and defense work
14261217
Type Your Criminal Law Question Here...
xavierjd is online now
A new question is answered every 9 seconds

In a domestic violence case, after investagating what if the

Customer Question

In a domestic violence case, after investagating what if the complainant was really the abuser and the defendant was the victim. What would happen? They found out the complainant was the primary aggressor.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  xavierjd replied 1 year ago.
Thanks for using JustAnswer.com. It will be my pleasure to assist you today.

Was the defendant (victim) already charged with the crime?

Thanks
Customer: replied 1 year ago.

yes

Expert:  xavierjd replied 1 year ago.
Hi Janice,

I want to look up a couple of things for you. I will be back with an answer for you asap.

Thanks for your patience.
Expert:  xavierjd replied 1 year ago.
Hi Janice,

Domestic violence cases are taken VERY seriously in Colorado. The police can make an arrest for domestic violence in the following circumstances:

1. The victim exhibits signs of injury caused by an act of domestic violence. The word “exhibits” is to be liberally construed to mean any indication that a victim has suffered bodily injury, which shall include physical pain or any impairment of physical condition. Probable cause to arrest may also be established when the police officer observes any manifestation of an internal injury suffered by the victim.


2. If there are no visible signs of injury, but the victim states that an injury occurred, the officer then considers other relevant factors in determining whether there is probable cause to make an arrest. This determination is solely within their discretion.


3. A warrant for defendant exists.

4. Probable cause that a weapon was involved in domestic violence.


5. The police officer may also arrest a person if there is probable cause to believe that an act of domestic violence has been committed even if there is no injury.

Many times, the police are put in tough situations when deciding which party to arrest when called to a domestic violence incident. Many times, the police will look at the following in deciding who to arrest:

The comparative extent of the injuries suffered;


The history of domestic violence between the parties, if any;


or


Other relevant factors, such as the sequence of events – who struck first and why etc.

Once a person is charged with domestic violence, the prosecutor takes over the case and the "victim" becomes the complaining witness.

It is RARE that the charges will be dismissed by the prosecutor without a trial and/or testimony of the "victim" that the incident didn't really occur. In that case, the "victim" may face charges of filing a false police report.

IT IS EXTREMELY IMPORTANT if you have been charged with domestic violence that you contact an attorney in your area who specializes in criminal law. Sometimes, an initial consultation is free or at a minimal cost. You can discuss the facts of the case, evaluate your options and decide how to proceed.

If the person charged with the crime is really the victim, an attorney may be able to disect the evidence, file a motion to dismiss the charges, file pre-trial motions, and request an evidentiary hearing prior to trial. If successful, any of these things may result in a dismissal prior to trial.

If it comes out during any of the above proceedings, or at trial, that the "victim" was the actual abuser, it is possible that the charges will be dismissed against the defendant and new charges for domestic violence will be brought against the "victim"--real abuser.

However, once a person is charged with domestic violence, it can be difficult to have the charges dismissed without a trial.

Finally, it is possible that your attorney may be able to gather information and evidence from you that shows that the "victim"--real abuser should also be charged with domestic violence.

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Thank you for your business!

***Answers given are for informational purposes only and are not meant to replace the advice or assistance of an attorney licensed to practice law in your state. If you need any more information, please do not hesitate to ask. Thank you!


Customer: replied 1 year ago.

Does the charge and arrest stay on the defendant's (victim) criminal history?

Expert:  xavierjd replied 1 year ago.
Hi Janice,

If the defendant is found "not guilty" at a trial, then the defendant can ask that his/her fingerprints be destroyed and the arrest be removed. There would be NO conviction.

If the defendant's case is dismissed for any reason, there will be NO conviction. And again, the defendant would have to ask that his/her fingerprints be destroyed and the arrest be removed.

If the defendant pleads guilty or is found guilty of the charge, then the conviction will remain on his/her record.

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.


Thank you for your business!

xavierjd

***Answers given are for informational purposes only and are not meant to replace the advice or assistance of an attorney licensed to practice law in your state. If you need any more information, please do not hesitate to ask. Thank you!

xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience: Over 20 yrs experience in prosecution and defense work
xavierjd and 3 other Criminal Law Specialists are ready to help you
Expert:  xavierjd replied 1 year ago.
Hi Janice,

Thank you so much for the "excellent service" rating! It is greatly appreciated and I am glad that you found the information useful.


If you have future questions, you can specifically request me by name as the expert.

Thanks again,

xavierjd

Expert:  xavierjd replied 1 year ago.
sorry....hit wrong button!

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.
 
 
 
Chat Now With A Criminal Lawyer
xavierjd
xavierjd
838 Satisfied Customers
Over 20 yrs experience in prosecution and defense work