Domestic Violence is not a criminal charge in Colorado, but instead, is a sentence enhancer that can be added to any crime when the alleged victim has been in an intimate relationship with the accused. Let me explain using an example:
How Long do Domestic Violence Cases Last in Fort Collins or Loveland, Colorado?
We often get questions regarding Domestic Violence cases related to how long the case will last. Unfortunately, there is no set amount of time a DV case will last. It could be settled in 6 weeks or 6 months. This is because there are so many different elements involved in a Colorado Domestic Violence case. Let’s say it was you who was arrested for the situation described above. You are in custody in the Larimer County Jail waiting for your 1:30 p.m. bond appearance in front of the magistrate. Once your bond is set, you are given a next court date, usually about a week out. During that week, you contact hire a criminal defense attorney. That lawyer will let the court know that they are your attorney of record and the DA’s office is then responsible for providing all the evidence they have to your attorney. This will likely not be provided before the court appearance, so your attorney will ask for a set over. After reviewing the discovery and discussing any issues and mitigation related to the case, negotiations will begin between your attorney and the DA. An added complication to DV cases is what’s called VRA (Victim Rights Act). This means that every plea offer or change to a plea agreement must be given to the victim’s advocate, who then reaches out to get the position of the victim. There may be multiple court appearances in between while negotiations are happening.
Can a Victim Drop a Domestic Violence Charge? Larimer County DV Defense Attorney Answers!
Many people in Fort Collins, Loveland, and Estes Park, are under the impression that a victim ‘presses’ charges and therefore has the ability to drop a Domestic Violence case. In Colorado, however, this is not the case. The alleged victim in a DV case does not decide if the accused is charged. They can absolutely report a crime, but the police and DA decide to charge the person and what charges apply. The case becomes the State of Colorado vs. the accused – not the victim vs. the accused. Because the state makes the decision to charge the case, they are the only entity that can decide to dismiss the case. While a victim can express their wishes about the outcome of the case, they don’t have the ability to drop a Domestic Violence charge against someone.
If you or someone you love has been charged with a crime as an act of Domestic Violence, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’MALLEY LAW OFFICE at 970-658-0007 to schedule a free initial consultation. We also practice in Greeley and Weld County. Click HERE to visit our Weld County website. Together, we can protect your future.
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