Legal Question in Criminal Law in Colorado

What is evidence?

I am involved in a domestic violence case. I am just wondering if the police took nothing from me at the time of arrest and the victime took in ''evidence'' to the D.A can they charge me with new charges. The evidence was my diary, a voice recorded one. Also the D.A claims that I have a prior charge but I know that I do not. Can they hold that charge against me and how would I go about disproving the claim?


Asked on 10/01/04, 6:24 pm

1 Answer from Attorneys
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: What is evidence?

1) The DA can amend its complaint and bring new charges.

2) If the alleged victim brought evidence to the DA, you can raise foundational issues.

3) Prior charge or prior conviction? Either way the DA can let that affect its response, but the judge cannot hold a prior charge against you. If there was a prior conviction, the judge WILL hold it against you.

4) You do not need to disprove anything. The DA is burdened to prove past convictions. You can object to, and fight, this proof.

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Answered on 10/01/04, 8:08 pm


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