Fort Collins Domestic Violence Lawyer
Pressing Charges in Colorado Criminal Cases

Pressing Charges: Can you call the police and press charges against someone? The answer may surprise you. Read to find out the answer and how an attorney can help.

There is a mistaken belief is that a person can call the police to report a crime and then decide whether or not to press charges. This is not at all the case in Larimer, Boulder, and Grand County. When a crime is reported, the police take over the investigation and if they find evidence to support the allegation, they present it to the district attorney (DA). The DA’s office then decides, based on the police investigation, whether or not to pursue charges and what those charges should be. The case then becomes The People of the State of Colorado v. the accused. It does not matter what the alleged victim or reporter wants to do, once the police are called, everything that happens next is out of their hands.

Larimer County Domestic Violence: A Lawyer’s Advice on Pressing Charges

This is an especially important thing to know when it comes to domestic violence cases. Any time a person calls the Larimer County Sheriff or the Fort Collins Police Department to report an incident involving two people who currently are or have been in an intimate relationship, immediate action is taken. A mandatory arrest is made and a protection order is entered preventing any contact between the accused and the reporting party. Many times, people reach out for help from the police, hoping they will come and calm the situation, but instead often make matters worse. We have had numerous clients whose spouses or significant others called the police for help, and felt very let down when their loved one was taken away in handcuffs.

Fort Collins DV Attorney: The Victim’s Role in a Domestic Violence Case and Protection Orders

While we recognize that Domestic Violence is a serious situation and there is a need for protection in certain circumstances, most of the cases we see result in an over-reaction from the ‘victim’ and the police. As criminal defense attorneys, we often receive communication from the alleged victims asking for our help in getting their loved one out of trouble. While the District Attorney has a responsibility to get ‘victim’ input, it often does not result in what the ‘victim’ truly wants. It seems the court system wants the ‘victim’ to have a voice, but it only matters if they want harsh punishments or agree with the DA.

 

If you or someone you love has been charged with a Domestic Violence crime, be smart, exercise your right to remain silent and contact the best Domestic Violence criminal defense lawyers from the O’Malley Law Office at 970-658-0007 today to schedule a free consultation. Together, we can protect your future.

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