Entries Feed
Contact Us
- Make a Payment
- Domestic Violence Blog
- Colorado Criminal Law – Expert Testimony In Colorado Domestic Violence Cases – Unfair and Unjust
- Electronic Cyberstalking And Colorado’s Domestic Violence “Stalking” Crimes – 18-3-602 CRS
- Colorado Criminal Law – When The DA Can’t Plea Bargain – Domestic Violence and DUI Cases
- Colorado Criminal Law – Possible Defenses In Colorado Domestic Violence Cases
- A Comprehensive Guide To Colorado’s “False Imprisonment” Law 18-3-303 C.R.S
- Mobile Contact Us
- Parental Kidnapping – Custodial Interference Cases In Colorado – Section 18-3-304
- FAQ How to Seal a Domestic Violence Case That Has Been Dismissed
- Colorado Civil Assist – Civil Standbys in Domestic Violence Cases
- Bonds In Colorado – Colorados Bail Bond Laws – Rules
- Colorado Felony Domestic Violence Defense Lawyer – Pre-Filing Representation
- FAQ: Colorado Criminal Defense Law – Domestic Violence Cases and The Right to Refuse to Testify Based on the 5th Amendment’s Right to NOT Incriminate Oneself
- Colorado Criminal Law – Representing Victims and Witnesses in Criminal Court and Proceedings – The Rights of Victims and Witnesses
- Colorado Criminal Domestic Violence Law – The Impact of a Colorado Domestic Violence Case On Parenting Time
- FAQ: Colorado Criminal – Domestic Violence Defense Law – What is Strangulation? What Does The Word Strangle Mean?
- FAQ: Colorado Criminal Firearms Laws – The Impact of Colorado Criminal Convictions On The Right To Bear Arms Under Federal Law
- Colorado Criminal Law – Understanding An Allegation Of Stalking Behavior – The Crime Of Stalking in Colorado
- How Denver City Domestic Violence Cases Are Different – The Denver Municipal Ordinance Domestic Violence Exception
- Colorado Criminal Domestic Violence Law – Understanding The Colorado Laws Governing Dismissal In Colorado Domestic Violence Cases
- Domestic Violence Defense – How To Head Off A False Accusation Of Domestic Violence
- Colorado Domestic Violence Defense Ideas: What Legal Strategies Should My Attorney Consider To Defend Against The Restraining Order
- Trial Issues In Colorado Domestic Violence Cases
- Colorado False Imprisonment Laws and Colorado Domestic Violence Cases
- Can a Colorado Domestic Violence Victim Refuse to Testify in Court?
- Understanding The Difference Between Colorado Domestic Violence And Actual Domestic Abuse
- Colorado Criminal Law – 18-8-610 When You Tamper With Evidence -18-8-306 Attempting To Influence A Public Servant and 18-5-104 Second Degree Forgery
- Finding The Best Colorado Domestic Violence Criminal Defense Lawyer – Don’t Be “Handed Off” To Another Lawyer In The Firm – One You Did NOT Retain!
- Meeting With Your Colorado Domestic Violence Criminal Defense Lawyer For The First Time – Making The Decision To Retain A Lawyer
- Experienced Colorado Domestic Violence Criminal Lawyers in Colorado – Does Experience Really Make A Difference In A Colorado Criminal Defense Lawyer?
- Colorado Domestic Violence: An Industry
- FAQ: Colorado Domestic Violence Cases Part II
- FAQ: Colorado Criminal Law: Understanding the Impact of FEDERAL FIREARMS LAWS AND BRADY FINDINGS in Colorado Domestic Violence Cases
- Colorado Criminal Law – A Comprehensive Look at the Colorado Defense of Self Defense, Initial Aggressor Laws, Make My Day Laws and the Duty to Retreat
- Colorado Criminal Domestic Violence Laws – Couple’s or Martial Counseling NOT Allowed in Domestic Violence Treatment Programs
- Colorado Criminal Domestic Violence Sentencing Procedures and Law – What Happens In A Colorado Domestic Violence Sentencing Hearing
- Withdrawing a Guilty Plea In Colorado – Especially Colorado Domestic Violence Cases
- Attorney Profile
- H. Michael Steinberg – A Colorado Criminal Domestic Violence Lawyer Defense Lawyer
- Colorado Stalking Laws 18-3-602 – To Convict, A Defendant Does Not Need To Know That The Alleged Victim Is Suffering Serious Emotional Distress
- Key Colorado Domestic Violence Issues
- Understanding Colorado Domestic Violence Cases
- Colorado Domestic Violence Law – Searches – Consent
- Colorado Criminal Defense Law – Defending Domestic Violence Cases -Victim Recants
- Colorado Criminal Defense Law – Defending Domestic Violence Cases – Understanding Tactical and Trial Issues -Victim Recantation
- Colorado Criminal Procedure – The Steps In A Colorado Criminal Case
- Colorado Criminal Domestic Violence Law – The Impact of the Federal Violence Against Women Act in Colorado Domestic Violence Cases.
- Colorado Criminal Law – Understanding the Marital Privilege – When A Wife Is Prevented From Testifying Against Her Husband And The Reverse
- Colorado Domestic Violence Defense Lawyer – Understanding The Problem Of Identifying The Primary Aggressor In Domestic Violence Cases
- Colorado Law of Jury / Juror Misconduct – Analysis
- Colorado Criminal Law Guide – Self Defense and Domestic Violence Charges
- Colorado Criminal Law – What If I Run? – Absconding – Fleeing A Colorado Criminal Case – Evidence Of Flight At Trial
- Colorado Domestic Violence Law – The Danger Of Being Charged With False Reporting If You Change Your Testimony – C.R.S. 18-8-111
- Colorado Criminal Trial Law – Introducing Evidence Of A Defendant’s Good Character Under CRE 404 (a) – In Colorado Domestic Violence Cases
- A Denver Colorado Criminal Lawyer Helps You To Understand Colorado Criminal Restraining Orders Under 18-1-1001
- Colorado Domestic Violence Lawyer On Common Domestic Violence Defenses – Why Does She Lie?
- Colorado Domestic Violence Law Series – Bail Bonds – How Are They Set? What Criteria Is Applied?
- Why You Should Never Rush To Plead Guilty In A Colorado Domestic Violence Case – The Fast Track Trap
- Colorado Domestic Violence Cases Prosecuting With No Victim – Can They Still Go To Trial?
- Colorado Domestic Violence Lawyer On Domestic Violence And Mental Health Issues
- How DO The Police Evaluate Colorado Domestic Violence Cases? – The Law 18-6-803.6
- Understanding Colorado Domestic Violence Crimes – Wiretapping 18-9-303 C.R.S. vs Obstructing Telephone Service- C.R.S. 18-9-306.5
- How Mistakes Are Made In Colorado Domestic Violence Arrests – Predominant Aggressor Analysis
- Colorado Criminal Law – Understanding Criminal Mischief 18-4-501
- Colorado Criminal Law – Why Did My Doctor Call The Police On Me? – Physician – Psychologist Confidential Communications In Child Abuse – Domestic Violation Cases
- Colorado Domestic Violence Law – Understanding The Impact Of The Domestic Violence “Tag” Designation
- Colorado Criminal Law – Restitution Is For ALL Crimes – Not Just Plea Bargained Convictions
- Will My Child Have To Testify In My Colorado Domestic Violence Case?
- Dual Arrests – Colorado Domestic Violence Arrest Mistakes – The Predominant Aggressor Law – Revisited
- How Can I Get A False Colorado Domestic Violence Case Dismissed?
- False Charges In Colorado Domestic Violence Cases – The Ugly Divorce
- Why Aren’t Perjury Charges Filed More Often In Colorado Domestic Violence Cases?
- Police Contact in Colorado – What Are My Rights?
- Tactics and Strategies When You Are Accused of Domestic Violence in Colorado
- Colorado Criminal Law Update – Colorado May Upgrade Strangulation To A Felony – Even Without Serious Bodily Injury
- Your Colorado Criminal Defense Lawyer Must Conduct A Thorough Investigation Of Your Case To Properly Defend You
- Colorado Domestic Violence Cases – Defense Lawyers And Victim Contact
- Colorado Criminal Law – Domestic Violence Convictions & Custody Of Your Child
- Colorado Domestic Violence Law – False Reporting To Authorities – 18-8-111 – A Dangerous Law
- New 2013 Colorado Gun Law In Domestic Violence Cases Applies Further Protection / Restraining Order Restrictions On Second Amendment Rights
- Colorado Q and A – Knowing Your Constitutional Rights – The First Step In A Colorado Criminal Defense Strategy
- Colorado Restraining Orders
- How To Lift A Colorado Domestic Violence No Contact Order by Denver Criminal Defense Lawyer – H. Michael Steinberg
- Colorado Domestic Violence Permanent Civil Protection Order Laws – Title 13 and 18
- Lifting Or Modifying Colorado Civil Restraining – Protection Orders Pursuant to C.R.S. 13-14-108
- Colorado Violation Of Protection Orders Cases -18-6-803.5. The Why and The How
- Colorado Civil Protection Orders And The Loss Of The Right To Bear Firearms – 13-14-105.5
- Colorado Criminal Law – Civil Restraining Orders – Common Sense Rules When You Have a Permanent Restraining Order Pending In Court Against You
- Questions and Answers About Violation of A Restraining Order in Colorado
- Colorado Domestic Violence Cases and Restraiing Orders
- Colorado Domestic Violence Restraining Orders – The Trick -Making Me Break the Restraining Order
- Colorado Domestic Violence Issues – The Initial Steps To Take In Dealing with a Restraining Order?
- Why Police And Prosecutors Overcharge In Colorado Domestic Violence Cases
- Colorado Criminal Restitution Law – Collecting Unpaid Pre- & Post Judgement Interest – An Unfair Turn In The Law
- Colorado Criminal Domestic Violence Laws – Understanding the Crime of Stalking and Stalking Behavior
- Understanding the Crime of Stalking in Colorado – A Case In Point
- Colorado Domestic Violence No Contact Orders
- Why Police And Prosecutors Overcharge In Colorado Domestic Violence Cases
- Colorado Domestic Violence Law: Why the Police Make Immediate Arrests in Domestic Violence Cases
- Colorado Criminal Law: What Is the Crime of False Reporting All About?
- Colorado Domestic Violence Cases – How Do I Get Off Of This Ride? Discharge Standards, Risk Categories and the Completion of Court Ordered Mandated Treatment – Part I
- Colorado Domestic Violence Cases – How Do I Get Off Of This Ride? Discharge Standards and the Completion of Court Ordered Mandated Treatment – Part II
- Colorado Domestic Violence Fast Track Programs
- Colorado Law Harassment Stalking Statute
- Colorado Domestic Violence – When the Wrong Person Is Arrested
- Colorado Domestic Violence Mandatory Arrest Laws – Wrong Headed – Make No Sense
- Colorado Domestic Violence Cases – A Birds Eye View
- Child Custody and Domestic Violence Allegations – How Allegations of Domestic Violence Are Used In Colorado Child Custody Battles
- The Defense Of Anticipated False Allegations Of Domestic Violence Cases in Divorce Cases
- Colorado Criminal Domestic Violence Law – The Recanting or Reluctant Witness – Can I Refuse To Testify?
- Transferring Probation Out Of Colorado – The Interstate Compact
- Colorado Domestic Violence Treatment Requirements
- Colorado Domestic Violence Cases – The Levels of Treatment A – B – C Explored – The Colorado Domestic Violence Offender Management Board Standards For Treatment With Court Ordered Domestic Violence Offenders
- Colorado Domestic Violence Law – Understanding The Mandatory Treatment Requirement
- Colorado Criminal Law – Domestic Violence – How Colorado Courts Measure and to Predict Domestic Violence Threats – the Domestic Violence Risk and Needs Assessment (DVRNA)
- The New Colorado DV Treatment Standards
- The Colorado Domestic Violence Multi-disciplinary Treatment Team (MTT) Approach to Mandatory Domestic Violence Treatment Requirements
- Colorado Domestic Violence Cases – Re-victimizing The Victim – The Loss of Power For The Alleged Victim and The Case Against No Drop Policies
- Colorado Criminal Law Domestic Violence Right to Bear Arms
- Colorado Municipal Code Violations – City Code Criminal Charges – How Does This Work?
- Don’t They Have To Read Me My Rights? – The Meaning Of Miranda – Custodial Interrogation Under Colorado Law
- Colorado Stalking Domestic Violence Criminal Defense Lawyer Writes About Being Charged With Stalking In Colorado 18-3-601, 18-3-602
- Colorado Domestic Violence Lawyer – How To Avoid Incriminating Yourself At The Scene Of A Domestic Violence Investigation
- Colorado Domestic Violence Cases- The Arrest
- Colorado Law – Domestic Violence Assault Charges
- Colorado Domestic Violence and False Allegations of Child Abuse
- Colorado Domestic Violence Sentencing
- Colorado Domestic Violence Sentencing Law – Understanding The Restrictions on Prosecutors
- Colorado Criminal Law – Understanding The Motion For A New Trial If You Are Found Guilty – Rule 33
- Understanding Colorado’s Pre-Sentence Credit Laws – Credit For Time Served – 18-1.3-405
- Colorado Criminal Law – Understanding Colorado’s Scheme of Adult Sentencing Laws
- FAQ: Understanding Colorado’s Probation Supervision System
- Colorado Criminal Law – Asking a Judge to Change a Sentence – a Sentence Reconsideration – Under Colorado Rule of Criminal Procedure 35(b)
- FAQ: Colorado Restorative Justice – The Concept Behind A New Way Of Looking At Colorado Criminal Sentencing – Can It Work?
- Understanding Colorado Mandatory Arrest and So Called “No Drop” Prosecution Policies – The Research
- Colorado Criminal Defense Strategics: The Top Ten Myths About Colorado Criminal Cases
- Colorado Domestic Violence Defense – The Bullying Girlfriend – Spouse and Colorado Domestic Violence Cases *
- Colorado Criminal Domestic Violence Laws – Firearms and Domestic Violence Cases
- Colorado Criminal Domestic Violence Cases – The Role of Mental Health Assessment in Colorado Domestic Violence Cases
- Colorado Criminal Law: Victim Representation in Colorado Domestic Violence Cases
- Colorado Criminal Law: Why You Should Never Make ANY Statement to The Police During an Investigation – Miranda and Interrogation: A 2010 Update
- Colorado Criminal Domestic Violence Defense – Understanding Terms and Concepts of the Domestic Violence Evaluation and Standards
- Colorado Criminal Law – A Listing of Key Domestic Violence Laws and Related Statutes
- In Depth Articles On Domestic Violence Laws – Issues – and History
- FAQ: Domestic Violence Defense Law- The Battered Woman Syndrome and Self Defense Law in Colorado
- Colorado Law – Common Law Marriages
- Understanding When Other Past Crimes or Bad Prior Acts Are Admitted at Trial in Colorado
- Colorado Criminal Law: Attacking the Credibility of the Accused – Defendant – The Law
- Colorado Statutes of Limitations – A Deadline to File Charges
- Colorado Criminal Domestic Violence Cases – The Critical Impact of Expert Opinions On The Jury – The Battered Woman’s Syndrome And Other Issues For Expert Testimony
- Colorado Criminal Domestic Violence Law – The Unfairness Of The Admission of Evidence of Character Other Crimes, Wrongs, or Acts – The So Called 404B – Similar Transactions Evidence
- Colorado Law: A New Idea In An Old Problem – Sequential Viewing for Identification Lineups -Eyewitness Identification Methods
- Understanding The Laws, Politics And Policies Behind Domestic Violence Cases – No Room For Justice Here*
- Limits On Hearsay Evidence – Colorado Domestic Violence Cases – The Crawford Decision
- Understanding Colorado Arrest and Conviction Records
- Colorado Domestic Violence Trials – What Juries Really Think
- Colorado’s Child Abuse Mandatory Reporters Law Changed – Does NOT Include Adults
- Colorado Domestic Violence Law – Arrests for Violations of Civil Protection – Restraining Orders
- How Colorado Criminal Offenders Are Sentenced – Judges Assess Risk
- Understanding Colorado Presentence Confinement In Concurrent Felony – Misdemeanor Sentencing – § 18-1.3-405
- Domestic Violence and Syndrome Evidence
- Federal Domestic Violence Laws Overview
- Colorado Criminal Domestic Violence Resources
- 2011 Colorado Domestic Violence Treatment Providers By County
- 2011 Colorado Domestic Violence Treatment Providers By County – Jefferson County
- 2011 Colorado Domestic Violence Treatment Providers By County – Denver County
- 2011 Colorado Domestic Violence Treatment Providers By County – Arapahoe County
- 2011 Colorado Domestic Violence Treatment Providers By County – Adams and Broomfield Counties
- 2011 Colorado Domestic Violence Treatment Providers By County – Douglas, Elbert and Lincoln Counties
- 2011 Colorado Domestic Violence Treatment Providers By County – Boulder County
- 2011 Colorado Domestic Violence Treatment Providers By County – El Paso County
- 2011 Colorado Domestic Violence Treatment Providers By County – Larimer County
- 2011 Colorado Domestic Violence Treatment Providers By County
- The Dangers Of Juror Contact In A Colorado Criminal Jury Trials – Colorado Criminal Trial Law Guide
- Important Links in Colorado Domestic Violence Cases
- Location / Map
- Links and Other Resources
- Entries Feed
Colorado Criminal Domestic Violence Law – The Recanting or Reluctant Witness – Can I Refuse To Testify?
It is important for those working in the criminal justice system to distinguish between victims who are reluctant to testify, and those who refuse to testify. The majority of victims who are initially reluctant to testify sometimes can be compelled to do so under certain conditions.
The victim in a domestic Violence allegation may refuse to testify. What happens then?
Reasons for reluctance or refusal include:
The victim may actually fear, in true domestic violence cases, that the perpetrator will follow through with threats of retaliation for the victim’s efforts to leave or seek help from the justice system.
The victim may also have originally made the allegatons falsely and is using the criminal justice system for the wrong reasons and is now trying to do the right thing.
Also true victims may be under a great deal of pressure from family, including children, not to testify against the abuser, and may also be feeling guilt and shame and blame him or herself for the situation.
The Witnesses Refusal to Testify or Appear
C.R.C.P. 107 – The Procedural Rule in District court
C.R.C.P. 407 – The Procedural Rule in County Couirt
Failure to appear on a subpoena may be punishable by an indirect civil contempt proceeding. Procedures for contempt are set forth in the court rules.
Contempt – Motion for Contempt Citation:
The motion must be supported by an affidavit that indirect contempt has been committed.
The Court may then issue a citation to the person to appear and show cause why the person should not be punished.
The citation must include the date, time, and place for the show cause hearing.
Timing:
The citation and a copy of the motion, affidavit and order shall be served directly on the person at least 20 days before the hearing.
As a practical matter, this means the date set by the Court must be far enough out to allow that service to occur at least 20 days before the hearing.
Warrant for arrest:
If the person fails to appear and the Court has been provided with proof of service, the Court may issue a warrant for the person¡|s arrest to the sheriff. The warrant must set a date, time and place for the person to appear in court and shall state the amount and kind of bond required.
Contempt Proceeding:
At the first appearance, the person shall be advised of the following rights:
Right to be represented by an attorney,
If indigent and a jail sentence is contemplated, the court will appoint counsel
Maximum jail sentence shall not exceed 6 months unless the person had been advised of the right to a jury trial,
Right to plead either guilty or not guilty to the charges,
Presumption of innocence,
Right to require proof of the charge beyond a reasonable doubt,
Right to present witnesses and evidence,
Right to cross-examine all adverse witnesses,
Right to have subpoenas issued to compel attendance of witnesses trial,
Right to remain silent,
Right to testify at trial, and
Right to appeal any adverse decision.
The Court may impose a fine or imprisonment or both if the court expressly finds the person¡|s conduct was offensive to the authority and dignity of the court.
The person shall have the right to make a statement in mitigation prior to imposition of sentence.
U.S. CONST. amend. V 9 5th Amendment Right to Remain Silent.
The 5th Amendment Right to Remain Silent
C.R.S. Section13-90-118, Cases – People v. Russom, 107 P.2d 986 (Colo. App. 2004). People v. Merrill, 816 P.2d 958 (Colo. App. 1991).
Immunity Exception
Even where a witness has a Fifth Amendment right regarding self-incrimination, they may still be compelled to testify if granted use immunity by the prosecution.
If granted immunity under C.R.S. 13-90-118, a witness may not refuse to comply with order to testify.
If immunity is granted, no testimony may be used against the witness in any criminal case, except prosecution for perjury or false statements.
Authority:
The authority to grant immunity lies solely with the prosecution.
A court does not have the authority to grant immunity to any witness.
The prosecution may request a use immunity order when in his or her judgment, the testimony or other information from the individual may be necessary to the public interest and such individual has refused or is likely to refuse to testify or provide other information on the basis of the privilege against self-incrimination
Being Charged With the Crime of False Reporting
If the alleged victim of a crime of domestic violence recants and admits that he or she lied in the first instance – that person can be arrested and charged with the Colorado crime of false reporting. It is strongly urged that the alleged victim seek the services of an independant lawyer who can advise and/or represent he or she in this circumstance as to the correct course of action.
Here is the Crime of False Reporting in Colorado:
The Colorado Crime of False reporting 18-8-111.
(1) A person commits false reporting to authorities, if:
(a) He knowingly causes a false alarm of fire or other emergency to be transmitted to or within an official or volunteer fire department, ambulance service, or any other government agency which deals with emergencies involving danger to life or property; or
(b) He makes a report or knowingly causes the transmission of a report to law enforcement authorities of a crime or other incident within their official concern when he knows that it did not occur; or
(c) He or she makes a report or knowingly causes the transmission of a report to law enforcement authorities pretending to furnish information relating to an offense or other incident within their official concern when he or she knows that he or she has no such information or knows that the information is false; or
(d) He or she knowingly provides false identifying information to law enforcement authorities.
(2) False reporting to authorities is a class 3 misdemeanor.
(3) For purposes of this section, “identifying information” means a person’s name, address, birth date, social security number, or driver’s license or Colorado identification number.
False reporting to authorities is a class 3 misdemeanor. 18-8-111 (2)
Other Articles of Interest:
- FAQ: Colorado Criminal Defense Law – Domestic Violence Cases and The Right to Refuse to Testify Based on the 5th Amendment’s Right to NOT Incriminate Oneself
- Limits On Hearsay Evidence – Colorado Domestic Violence Cases – The Crawford Decision
- Colorado Criminal Law: Attacking the Credibility of the Accused – Defendant – The Law
- Can a Colorado Domestic Violence Victim Refuse to Testify in Court?
- How Can I Get A False Colorado Domestic Violence Case Dismissed?
