Legal Question in Criminal Law in Colorado

harassment

my 16 year old daughter and I got into an argument with my husband and she called the police. when the officer was there asking what happened we told him we wanted him removed from the house because he was drinking. the officer informed us that to keep him from coming back that night we would have to press harassment charges on him. we did. then later we both recanted our statements and requested that charges be dropped. they are going ahead with the trial based solely on the fact that they think he made us recant. he did not. we were told by the officer it was just a ticket and they would take him into detox for the night. can they use our recanted statements and do i have the right to keep my minor daughter from testifying. also, is it a good or bad idea to send a letter of explaination to the DA about why we pressed the charges and later wanted them dropped. will that help or hurt his case?


Asked on 4/23/09, 9:18 pm

1 Answer from Attorneys
Jason Savela The Savela Law Firm, PC

Re: harassment

contact your husband's attorney and s/he will advise you best

if he does not have an attorney, then he should get one - the DA will never believe this story - pointless to try and they will attempt to develop evidence to convict

BTW - a mailed subpoena is not valid service and you cannot be punished if only mailed

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Answered on 4/24/09, 1:08 pm


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