Legal Question in Criminal Law in Colorado

simple assualt

in a domestic violence simple assult case you plead Not Guilty, then you go to a pre trial, what does the victim have to do to get the case dismissed


Asked on 5/23/08, 6:31 pm

2 Answers from Attorneys

Philip Rosmarin Rosmarin Law Firm

Re: simple assualt

Essentially, you need to convince the DA you'll make a lousy witness, and that without you there isn't enough evidence to proceed to trial. Domestic violence isn't a separate crime; it's a sentencing enhancer. While true that in nearly all cases neither the DA nor the judge can withdraw the DV designation (unless in good faith the DA feels an intimate relationship can't be proved), the underlying charge itself (in this case assault) can certainly be dismissed.

Good luck.

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Answered on 5/25/08, 2:31 pm
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: simple assualt

Be careful. AVs (alleged victims) who want the case dismissed often appear at court with defendants. This gives the prosecution the oportunity to serve them with a subpoena.

In CO, there is no way to get the DV charge dismissed. The AV can't do it. Go to trial. Do NOT enter into a plea bargain. Go to trial. Get counsel. Good luck.

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Answered on 5/23/08, 7:35 pm


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