Criminal Law Questions? Ask a Criminal Lawyer.
Good evening. I'll be assisting you with your question.
The best thing you can do is call the police department and ask for the detective working the case.
You need to ask to meet with him/her and tell them you don't want to pursue charges. Also, you need to contact the DA's office and ask to complete an affidavit of non-prosecution.
But that is not a guarantee correct? There could still be a protection order issued? From what I understand I have some leverage here but it is all on the DA to decide?
Yes, the DA will ultimately decide. At this point, you are a witness, even though you are an important one. But, you are correct, the DA makes the decision. They will take your input.
Is there a certain way I should represent my position that will give it more weight or bearing? Should I push the fact that they cannot prove the intent part and that we have no prior history of arrest of any kind?
Should I bring up our children and their needs?
Yes, all of that is helpful. Just explain to them what happened and that you were not alarmed or annoyed. Basically, that will make it very difficult for them to make their case.
If it does go to the protection order stage what should I ask for or push for to ensure we can be together...I have heard that offering to sign an absolve liability form and ask to consider continuing the case for a set amount of time so that is there are no more issues the charges get dropped is a possible solution...But I want to be sure that I dont shoot myself in the foot going down that road
They aren't going to pursue a protective order without one of you "on board" for it.
While the police have made an arrest, she has not been formally charged yet. Only the DA can do that.
Ok. Is there anything else you can tell me to help me on monday...any loopholes or tactics used to trick people into making mistakes? I have told my wife not to accept any plea deals and hopefully that was ok to do
Again, she has not been formally charged yet, so you shouldn't even be worried about plea deals yet. Your first priority should be to try to convince the DA to not accept charges.
Like I said, the best thing you can do is be honest...that is, it was just an argument and that you were not harassed.
Thank you very much. If I have any questions tomorrow can I ask you or is the session of Q&A done after we close the chat?
Yes, you can continue with a Q&A after this is ended.
If there isn't anything else I can do for you now, please remember to "rate" my answer. Good luck.
I really appreciate all of your help and feedback.
Unfortunately the answers I were given were not specific to Colorado Law and turned out to be unhelpful.