Legal Question in Criminal Law in Colorado

My friend got arrested for domestic violence a couple of weeks ago. She called the cops after her and her husband got into a fight. She hit him first then he threw her into several walls and left.She called the cops in fear that he may come back, not to press any charges against him. They arrested both her and her husband. They spent the night in jail and now have protection orders against both of them, but want them to be lifed in order to fix their marriage. When in jail, my friend called a public defenders office and requested a public defender and they supposedly gave her one. she went to trial a couple of hours later to find out her charges. It was 3rd degree assault, domestic violence. The District Attorney then offered her a plea bargain of Harassment to strike, kick, or shove. A 3rd degree misdemeaner, with 24 months probation and 36-55 weeks of domestic violence classes. She had no idea what to do having never been in trouble before.(Never even getting a speeding ticket) So she plead guilty to the plea bargain. There was no public defender there for her. At this point, she still has not heard from any public defender and it has been two weeks. So my question is, was the District Attorney right in offering her a plea bargain and allowing her to take it without an attorney present?


Asked on 11/05/11, 2:51 pm

1 Answer from Attorneys
Damon Cassens Waters, Kubik, and Cassens

The DA's office does that all of the time. It is part of the unspoken reasoning behind the fast track model: Get people to take a bad plea bargain before someone advises them against it.

Both the court and the paperwork she signed advised her of her right to an attorney and that by accepting the plea she gave up that and several other rights.

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Answered on 11/07/11, 6:09 am


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