Legal Question in Criminal Law in Colorado

Domestic Violence when the witnesses and suspects stories change?

My fiance is in jail currently for 2'nd degree assault and parole violation. The second degree assault is domestic against his ex-girlfriend. She has talked to me and told me that she does not want to persue pressing charges anymore, but she is scared that if she doesn't show up to the trial/testify she will be in trouble with the law also. What does she need to do to drop the charges and what will happen if she does not show up for the trial? Also I was told that once someone has served 120 days in a maximum security jail that they are bondable...is this true or what is it about? My fiance has a no bond hold on his parole violation, but if this is true then he will be eligible for bond on March 2'nd. Can someone please contact me with some information about this case? If they do drop the case to a misdemeanor, do you think he will be out by his late day of Parole, which is June 24'th? If you need more information please e-mail me. ANY help would be greatly appreciated. Thank you very much.


Asked on 1/14/05, 7:24 pm

2 Answers from Attorneys
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Domestic Violence when the witnesses and suspects stories change?

There is no "pressing of charges" by the ex-GF. The Assault II case will not be dropped. If ex-GF has not been subpoenaed, she need not be present. If she was served a subpoena, she is looking at comtempt if she ignores Court Order to testify. Your take on the 120 day/bondable issue is likely wrong, but I will defer to other attys.

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Answered on 1/15/05, 5:23 pm
David Colt Colt Law Firm, P.C.

Re: Domestic Violence when the witnesses and suspects stories change?

Hello:

First, in a domestic violence charge, the victim in the alleged crime is not the one person pressing the charges; rather, it is the state pressing the charges. Because of the nature of domestic violence, prosecutors will not drop the charges merely because the victim wants them dropped. The victim will most likely be subpoenaed to Court, and if the victim disregards the subpoena it is possible that the Court will issue a contempt citation to the victim, who could then face punishment by the Court.

Second, bond is set in most cases, in accordance with guaranteed rights in the Constitution. One exception where bond is not guaranteed and can be denied is when there is a parole violation. When the person originally got out of jail on parole, he or she waived their right to have bond set if they a charged with a crime. Apparently, your fiance has been denied bond based upon the parole violation, and until he clears up the violation matter he will not be released, irregardless of whether the matter takes more than 120 days to clear up. I hope this information helps you. David Colt.

If you need more information, feel free to call me. 303-321-6872.

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Answered on 1/18/05, 7:44 pm


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