Legal Question in Criminal Law in Colorado

I'm on a deferred sentence for a drug charge I was not aware of a protection order of not being able to drink. One night when I was taking my girlfriend home someone called the cops saying I had ran someone over because she was leaning aginst the car door and feel out now she was drunk and the police tryed to make me admit to domestic violence and said every answer I gave them was a lie I then asked what they wanted to hear since the truth I was giving was not good.enough for them. They then said lets start small you were drinking correct I said sure they said you got into a argument with you girlfriend and she slipped out of the car I said ok and they then said well unfortunately you have a protection order that you violated because you drank and placed me in custody never gave me a breath alizer and now I have to go to trial what are the chances I can be convicted of this false crime


Asked on 9/24/12, 12:31 am

1 Answer from Attorneys
Clifton Black Law Offices of Clifton Black

There is always a chance a person can be convicted, even if innocent. However, it is unclear on if you were charged with a new offense or just on a probation revocation or both. It basically comes down the the amount of evidence that can be used against you, In alcohol cases it is common that police officers will write in their report that the suspect smelled of a strong odor of alcohol, had slurred speech, flushed face, watery eyes, unsteady on his/her feet, admitted to drinking, etc. The police officers testimony is evidence against you even if it is untrue. While there certainly is an argument that a breath test should have been performed, it does not mean that they don't have evidence. You should seek a criminal attorney in your area, most give free consults.

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Answered on 9/24/12, 8:15 am


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