Domestic Violence / DV cases are often confusing for defendants facing criminal charges at the Larimer County Courts. Between its designation as a sentence enhancer, mandatory arrest and prosecution, and many other factors, DV cases are often anything but simple. Below, our top criminal defense lawyers answer 7 frequently asked questions on Domestic Violence cases at the Larimer County Courts:
What is Domestic Violence in Larimer County?
In Larimer County, Domestic Violence / DV is a sentence enhancer that is added to a crime committed against a person with whom the defendant was in an intimate relationship. This means that if the defendant was ever in a romantic relationship or marriage with the alleged victim, DV is added as a sentence enhancer. An “intimate relationship” can also describe two people who are parents of the same child, even if they were never romantically involved.
What Kinds of Crimes are Charged with DV in Fort Collins?
Despite the name, a crime does not have to be violent for Domestic Violence to be added as a sentence enhancer in Fort Collins. Any crime committed against a former or current intimate partner will result in being charged with a DV sentence enhancer. We frequently see DV sentence enhancers added to charges of Harassment, Assault, and False Imprisonment.
Can You Go to the Larimer County Jail for Domestic Violence?
If you are convicted of your charges, incarceration at the Larimer County Jail or Colorado Department of Corrections – depending on whether you are convicted of a misdemeanor or felony – is a possibility. However, the DV sentence enhancer does not add time to your sentence. It does mean that you will be required to pursue DV treatment after you are released from custody. This treatment is intended to address the underlying issues that resulted in the crime of which you were accused.
What Happens When the Loveland Police are Dispatched on a DV Call?
One of the pieces that makes Domestic Violence cases unique is that when the Loveland Police are dispatched on a DV call, they are required by Colorado law to effect an arrest if sufficient probable cause exists. In other circumstances, the Loveland Police have the option of issuing a summons instead of arresting a suspect. However, law enforcement is not permitted to do this if the suspect and alleged victim are in an intimate relationship – even if the offense is non-violent. They must arrest the suspect.
What if the Alleged Victim Doesn’t Want to Press Charges in Estes Park?
Unfortunately, even if the alleged victim expresses that he “doesn’t want to press charges,” the case cannot simply be dismissed in Estes Park. Colorado has a “no drop” policy, meaning that a case cannot be dismissed simply because the victim does not want the District Attorney to prosecute it. The only way that a DV case will get dismissed is if the DA cannot meet her burden of proof demonstrating that you committed the crime beyond a reasonable doubt.
What Happens to My Gun Rights After a Domestic Violence Case in Fort Collins?
Unfortunately, if you are involved in a Domestic Violence case in Fort Collins, you can kiss your gun rights goodbye. This is due to a couple of different reasons. First, you will immediately be subject to a criminal protection order throughout your case that prohibits you from possessing any firearms. If you are convicted of your charges, you are then prohibited by federal law from possessing guns because of the DV sentence enhancer – even if the offense was a misdemeanor. The only way your gun rights will be restored is if your case is dismissed, or if you are later granted a pardon after conviction.
Can I Do Anything About a Loveland Protection Order?
The good news is that with the help of a top criminal defense lawyer, you have options if you are subject to a Loveland protection order. If you are the restrained party of a protection order that is creating significant difficulty, we can help you have the protection order modified. Modifying the provisions of the restraining order will allow you to better abide by the conditions and live in relative normalcy throughout your case.
Talk to a Top Larimer County Criminal Defense Lawyer Today
If you have been charged with a crime with a Domestic Violence sentence enhancer, you need to talk to a top Larimer County criminal defense lawyer today. Criminal charges should never be tackled alone – especially when DV sentence enhancers are added. Because of the difficulty that Domestic Violence adds to criminal cases, it is especially important that you contact the best criminal defense attorney to represent you. Don’t delay calling the criminal defense lawyers with years of experience successfully representing clients in Domestic Violence cases. We will help you protect your future.
Have you been charged with a crime with a Domestic Violence sentence enhancer? First, be smart, and exercise your right to remain silent. Never talk to the Fort Collins Police or the District Attorney without a lawyer present. Then call 970-658-0007 to talk to a top criminal defense lawyer about your charges. Together, we can protect your future.
The location for the Larimer County Courthouse is 201 Laporte Avenue, Fort Collins, Colorado. We’ll see you there!
Photo by Karolina Grabowska