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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27423
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My husband has been charged with two felonies, for domestic

Customer Question

My husband has been charged with two felonies, for domestic violence and menacing. He was bonded out on the 15th October 2016 after for nights in jail. This if the state of Colorado against the defendant ****** *******. Yesterday, he was arrested for violation of bobd by means of contacting me, his wife and sent back to jail. This did not occur. It was on the account if s neighbor who thinks she saw him, but is mistaken. He now faces bond violation and going against a protection order. What can I do ? What may this mean for him?
JA: What state is this in? And can you tell me a little more about the charge?
Customer: Colorado
JA: Has anything been filed or reported?
Customer: It has been reported that he was here. He's currently in jail
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 10 months ago.


I'm Zoey and I'll be assisting you. I'm reviewing your question now. Please be patient while I compose a reply for you.

Expert:  Zoey_ JD replied 10 months ago.

You need to reach out to your husband's lawyer and make it clear that there was no violation of the order of protection and that your neighbor was mistaken. You can also contact the prosecutor who granted you that order and tell him or her the same thing, since you are the complainant on that case and the DA is going forward with that on your behalf.

I don't know why your neighbor believed that your husband was visiting you, and I cannot say for sure if the prosecutor will believe you when you tell him or her what really happened. If the prosecutor would rather believe your neighbor, the state is still entitled to try to prove beyond a reasonable doubt that he violated that order and whether it is you or your neighbor who is telling the truth would be a matter for a jury if the case goes that far.

But this is how you'd have to proceed to try to get that violation case dropped.

Customer: replied 10 months ago.
Could he be relaased from jail this weekend or will he have to wait to see the judge on mobday?
Expert:  Zoey_ JD replied 10 months ago.

If he's got bond on the new case and you can bond him out again on the old case (he's lost that bond already), you can get him out this weekend. Otherwise, it will have to be sorted out when he comes before the judge and his lawyer makes a bail application. That's why it's important that you talk to the prosecutor and his lawyer.

Customer: replied 10 months ago.
Is it probable my husband will serve jail time for this when there is no concrete evidence?
Expert:  Zoey_ JD replied 10 months ago.

But there is concrete evidence. There is a witness who has seen him. So, it's going to be that witness's word against yours if the prosecutor doesn't believe you when you tell him.

How long he will sit in jail will depend on whether the prosecutor believes you, and if he doesn't, whether your husband's lawyer can convince the judge that the new case is very weak and whether bond will be set on him in an amount you can afford to pay.

Expert:  Zoey_ JD replied 10 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.