Legal Question in Criminal Law in Colorado

Assault and Battery, Domestic Violence Case

I have a friend that was arrested a few months ago for an assault and battery case. He was offered a plea bargain by the DA. On the day that the judgement was entered my friend tried to tell the Judge and the DA that the plea agreement was not signed because he had a few questions about it because it was not the plea agreement that had been discussed with the DA. The Judge took the paperwork said everything looked fine and then had his clerk process the paperwork and return my friends copies to him. The question that I have is the only thing that was initialed was the part admitting to Assault and Battery. The rest of it was not initialed included the terms of the parole, the victims restitution, court fees or the fact that it was a Domestic violence case. Nor did the paperwork have his signature anywhere on it. What would this mean as far as the judgement is concerned. If the victim tried to claim restitution could they receive anything? Can they hold him to the parole? Does he have to pay for the court fees? And can the case still be classified as a DV case without his signature or intials? Thanks for you help.


Asked on 2/04/07, 1:34 pm

1 Answer from Attorneys
Philip Rosmarin Rosmarin Law Firm

Re: Assault and Battery, Domestic Violence Case

Where a defendant disagrees that the plea agreement is one he has agreed to, and where a judge gives copies of that agreement to the defendant, who still disagrees with the terms, the proper response to the question "How do you plead?" is, "Not Guilty."

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Answered on 2/04/07, 4:18 pm


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