Legal Question in Criminal Law in Colorado

My son got into fight at bar both boys were ticked with disturbing the peace however my son had to go to hospital with broken nose. He plead guilty to charges and paid fine and is on probation we assumed the same thing would happen to other boy but recently received subpoena for my son to testify against him. We have been speculating why this other kid would want a trial by jury unless maybe he has prior record and can not afford another conviction or possible could he be doing this to clear his name so he can pursue assault charges? Is that what he would have to do first or could he have already filed assault charges without clearing his name first?


Asked on 2/01/11, 1:33 pm

1 Answer from Attorneys
Nitche Ward Ward Law & Associates, LLC

There are so many reasons that he may be going to trial. Without having all of the discovery and the facts of the case it is hard to answer this question. His attorney may just believe that the DA doesn't have a case. Going to trial is a constitutional right and he may just want to invoke it. He may not believe he is guilty if he believes he is a victim.

Different police departments have different polices about pursuing charges. Some departments will not let you pursue charges if you have already been cited in the same case. Some will let you pursue charges after being acquitted at trial; however in most cases, pursuing charges after a court case has been tried, or after an extended period, could be detrimental.

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Answered on 2/08/11, 10:08 pm


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