Our top Domestic Violence / DV lawyers understand that just about every aspect of a DV case is different from other criminal case at the Larimer County Courts. This is perhaps most evident in the fact that Domestic Violence is a sentence enhancer, not a chargeable criminal offense. Additionally, other factors such as mandatory arrest and the “fast track” set Domestic Violence apart from other criminal offenses. Combined, these factors underscore just how complicated DV cases can be – meaning that if you have been charged, you need the best criminal defense lawyer to represent you.
1. Domestic Violence Allegations = Mandatory Arrests by Fort Collins Police
If your significant other or spouse calls the Fort Collins Police and alleges that she is the victim of Domestic Violence, the police are required to arrest you. With other criminal offenses, the Fort Collins Police have the option of issuing a summons rather than arresting you. However, the police do not have this option for DV offenses. If enough probable cause exists, they must arrest you.
2. DV Cases are on a “Fast Track” at the Larimer County Courts
Another aspect that sets DV cases apart is that they are on a “fast track” at the Larimer County Courts. Generally, weeks or even months will usually elapse between court hearings. By contrast, DV cases are expedited, and the accused person will have his first appearance in court shortly after he is arrested.
This is in large part to protect the victim, but can come at a great cost to the defendant. The fast track leaves little time for a defendant to retain a lawyer to be represented well. The DA knows this, and will push a seemingly favorable plea bargain onto a defendant. This often results in regret as a defendant later tries to find a criminal defense lawyer to undo the damage of hastily accepting the plea bargain.
3. Domestic Violence Crimes Involve Mandatory Treatment in Loveland and Estes Park
Conviction of a Domestic Violence crime entails mandatory treatment in Loveland and Estes Park. If you have been charged with a DV offense, be forewarned – this process is anything but smooth. After you have completed an evaluation, you will then participate in several weeks of treatment. The length of time you spend in treatment is determined in large part by “risk factors” uncovered by the evaluation. Treatment also takes on a “one size fits all” approach with its group settings, and individual therapy sessions are incredibly rare.
4. Convicted of a Misdemeanor DV Crime in Fort Collins? You’re Losing Your Firearms
If you have been convicted of a misdemeanor DV crime in Fort Collins, you will never be able to possess firearms or ammunition again. State and federal law prohibit any person who is convicted of a misdemeanor Domestic Violence crime from purchasing or possessing guns. Normally, only those convicted of felony offenses are prohibited from firearm possession. Domestic Violence is the exception, however. Even if you never laid a hand on the alleged victim – which is common for misdemeanor DV offenses – you are still prohibited from owning guns.
5. The Victim of a Domestic Violence Case Can’t Just “Drop Charges” in Larimer County
Our top criminal defense lawyers are frequently asked if the victim of a Larimer County Domestic Violence case can “drop the charges.” Unfortunately, this never happens. Even if the alleged victim wants to recant his or her statements, the District Attorney will still prosecute you. Domestic Violence cases are only dropped when the DA has a weak case and cannot prove your guilt beyond a reasonable doubt.
Have you been charged with a Domestic Violence crime? Be smart, and exercise your right to stay silent. Never discuss your case with the Fort Collins Police or Larimer County Sheriff. Instead talk to a criminal defense lawyer with over 30 years of experience successfully representing good people charged with DV crimes. Call the O’Malley Law Office today at 970-658-0007 to discuss your case. 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