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My boyfriend was taken in for Domestic Violence. They said

that he will be charged...
My boyfriend was taken in for Domestic Violence. They said that he will be charged with a misdemeanor 3. What can we do to get the charges dropped?
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Answered in 8 minutes by:
2/3/2013
CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 29,547
Experience: 10+ years defending Misdemeanor and Felony cases.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

I certainly understand your situation and concern. The crime of domestic violence is against the State of Colorado. The State has the decision if charges should be filed and if the case should be prosecuted. You, are the victim and the State represents your legal interest. Of course, you can speak with the prosecutor assigned to the case and advise/request that the charges be dropped and they do not proceed against your boyfriend. However, the final decision is up to them. Often times, their office has a "no drop" policy, for cases like this. In addition, their ability to proceed depends entirely on you and your cooperation with them. If you fail to cooperate and/or fail to appear at trial to testify against him, the State will not be able to proceed. There will be nobody to testify as to what happened and it would only be the word of your boyfriend, who/which the jury has to rely on. As such, the State could not proceed in good faith and fail to meet their burden of proof, which is beyond a reasonable doubt. You can certainly express your concern to them but if they see you have no interest or desire to see him prosecuted, they may not go forward.

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Customer reply replied 4 years ago

I did not call or reported anything to the police and told them nothing happened. We just had a little tiff and everything was fine with us by the time they showed up at our door. But they took him in anyways. They told us we cannot have any contact with each other or his charges will be more. The police told me that I cannot show u at his hearing. So how am I suppose to plead my side for his case?


 

Arlene, thank you for the additional information. As a result of the arrest, a criminal protection order is likely going to be imposed. If and when the case is dismissed or dropped, the order will be dismissed as well. If you did not call the police or report anything, then once the report and charges are turned over to the State to file, they may see there is no evidence which would allow them to proceed in good faith. The prosecutor will likely contact you, to speak about what happened and if nothing did, then you need to tell them that. You are the victim and the courts are open to the public, so you can appear if you desire and the Judge will likely listen to what you have to say. It will not be a time to determine guilt or innocence or a fact finding hearing, per se but the Judge may take your request under consideration.

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Customer reply replied 4 years ago

What does a domestic violence misdemeanor 3 mean. What will happen if he does get charged with that?

A class 3 misdemeanor is punishable by a fine of up to $750 and up to 6 months in jail. Those are the maximum sentences which can be imposed. If he gets charged, he will have to defend the charges against him. The ability of the State to proceed and obtain a conviction, depends on your cooperation, as I stated above. If he can not afford to retain private counsel, he can asked to be appointed the public defender, when he appears for his arraignment/first hearing.
CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
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Experience: 10+ years defending Misdemeanor and Felony cases.
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