Legal Question in Criminal Law in Colorado

Do i have any rights

my husband was arrested for dv for pushing me out of the house when i was very upset. he didn't hurt me in any way. at the time of sentencing my husband went up to the judge still thinking that he was getting charged because he pushed me plead guilty. when he was trying to get his dv evaluation done we found out we never got the police report from the incident.he called his probation officer to get it and found out that she never got it either. once she got it she called us to her office to give it to us and she asked me to come into her office and disscuss it. after i read it i found out that most of the statements in it were false and i never said them and i feel that it was falseified. i have tried to contact the officer in charge but have been getting the run around and even yelled at by the cheif of police that i was a liar.

i never gave a statment on the night of the incident or signed anything.

the lady giving him the dv evealutaion called him a lier because what he said had happened that night was not true because of the police report said differently. he is getting judged by this police report and it is false.

Is there anything that we can do to get this fixed?


Asked on 8/12/04, 2:29 am

2 Answers from Attorneys
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Do i have any rights

Yes,there is a way to re-open this case, but it will not be easy. What the husband needs to do is withdraw the guilty plea. When did he enter the guilty plea? Where did he enter the plea? In what court? The answer to these questions will decide what can be filed, and where it can be filed. You have rights. The defendant has rights. Those rights can be invoked if you take action. The longer you wait, the fewer the options are.

Read more
Answered on 8/12/04, 12:24 pm
Deborah Grohs Deborah J. Grohs, P.C.

Re: Do i have any rights

You, as a victim of a crime have a right to have your voice heard. You should call the District Attorney's Office that prosecuted your husband and speak with them. Your input on what happened may or may not persuade them to lighten your husband's sentence. Your husband may also move to withdraw his plea. If he had an attorney, he should discuss this matter with his attorney. If he did not have an attorney, or, cannot afford to hire an attorney to represent him, he should write a letter to the Judge indicating that he wants to withdraw his plea. If he is eligible financially, the judge will appoint a lawyer to represent him.

Read more
Answered on 8/13/04, 6:21 pm


Related Questions & Answers

More Criminal Law questions and answers in Colorado