Legal Question in Family Law in Colorado

Hello, My question is my husband is I spoke with an officer about a confrontation him and I had and they arrested him for Domestic violence, child abuse, assault, and harassment. They definitely blew this whole thing out of proportion. He has NEVER hurt my son or me. The only thing he did was grab my shirt collar and it just so happened to be in front of my son when he did it. If I would of known that it would blow up like this I would have NEVER even went to the police. The Prosecutor said this is The state vs Galin not me vs Galin and he will drop all charges but harassment he will have to take domestic violence classes and 2 years of probation which will put us in a HUGE financial bind and we wanted to leave Colorado and go back home to AL so my question is if my husband says not guilty and we go to trial and the prosecutor calls me as his #1 eye witness and I do not testify will charges be dropped because they will have no evidence or proof except the statement I made? Or can they still file all those charges on him?


Asked on 4/08/16, 12:11 pm

1 Answer from Attorneys
Stephen Harkess Colorado Legal Solutions

No. If you are actually subpoenaed to testify and you refuse to make a statement, you will go to jail until you change your mind. Then the trial will continue after you get tired of sitting in jail.

You do not have to appear for trial if you do not actually receive a subpoena to testify. However, if you get a subpoena, you have no option but to attend and answer questions truthfully. If you ignore the subpoena, you can expect to go to jail.

If your husband intends to go to trial, he must have a lawyer. Otherwise, he will lose and have a much more significant sentence then the plea offer that is currently on the table. That is the way this works.

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Answered on 4/08/16, 5:57 pm


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