Most domestic violence charges results from the police being called. Whether it’s a neighbor that called the police or the alleged victim, the police will usually arrest someone if an allegation of domestic violence is made or if police have probable cause to believe that domestic violence took place.
The truth is that it’s the male that is usually arrested. If you are arrested for domestic abuse, then you’ll be put into jail for the night and eventually you’ll see the judge. This is when you’ll (if allowed) be able to post bail.
Domestic Violence Charges Often Come With A Restraining Order
If you get arrested and put into jail on a Friday night, then you’ll remain in jail for the weekend. Also, the judge will most likely issue a restraining order, which means you can’t go near the alleged victim, nor can you have indirect or direct contact with them. If you violate this restraining order, then you could end up facing even more trouble.
In many cases, police make arrests without conducting a major investigation. The prosecutor receives the info the police gives them, and then they’ll file charges.
Prosecutors and police make decisions regularly, all without all of the evidence. Not only that, but they tend to act quickly.
Can The Alleged Victim Drop Domestic Violence Charges?
The short answer is no. The truth is that even if the alleged victim wants to drop the entire case against the suspect, that will not change the prosecutor or judge’s minds. In fact, the laws in Colorado view domestic violence crimes as crimes that offend the dignity of Colorado, which is why charges must be followed through.
The attorney prosecuting is the one who can decide whether or not they should purse the case. If the attorney doesn’t have enough evidence, then the chances are charges will be dropped. If a prosecutor doesn’t think they can prove in court that the accused committed the crime, then the charges might be dropped.
The bottom line is: charges can be dropped based on whatever evidence the prosecutors have – or don’t have. Here are a few instances where a domestic violence charge in Colorado could be dropped.
- Recants From The Victim- The victim might take back their statement. More than half of accusers end up recanting statements. Victim recants might not result in charges being dismissed, but there’s a good chance they could be dismissed if other evidence is lacking.
- Physical Evidence- Lack of physical evidence can lead to a dismissal. This can include lack of statements from witnesses, video evidence or even photographic evidence to name a few. Also, it’ll help you if you don’t have a criminal record.
- Evidence That Favors The Accused- A person who is being accused of domestic violence might have defensive wounds that show they were defending themselves. There might be evidence such as letters to the accused that show exactly what lead up to the incident and what happened during it. Such evidence can favor the accused.
The truth is getting charges dropped is hard. However, this is why you need a defense attorney who has has plenty of experience defending domestic violence charges. An aggressive attorney will improve your chances of getting the charges dropped against you or having charges reduced.
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