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- 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!
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- 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
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- 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
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- Colorado Criminal Procedure – The Steps In A Colorado Criminal Case
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- Colorado Criminal Law – Understanding the Marital Privilege – When A Wife Is Prevented From Testifying Against Her Husband And The Reverse
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- 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
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- 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
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- 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
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- 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
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- Colorado Criminal Law – Understanding The Motion For A New Trial If You Are Found Guilty – Rule 33
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- Understanding Colorado Mandatory Arrest and So Called “No Drop” Prosecution Policies – The Research
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- Colorado Criminal Law: Why You Should Never Make ANY Statement to The Police During an Investigation – Miranda and Interrogation: A 2010 Update
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- 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
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Colorado Criminal Domestic Violence Law – Understanding The Colorado Laws Governing Dismissal In Colorado Domestic Violence Cases
I am asked on a regular basis as to why – if the alleged victim in a Colorado Domestic Violence case wants the case dismissed – the case cannot just be “dropped.” What follows are the Laws, Rules and regulations that govern the dismissal of Colorado DV prosecutions.
Dismissals in Domestic Violence Cases
Dismissals of criminal cases do ocurr – and – because of the nature of the cases themselves Colorado domestic violence cases have a higher rate of dismissal than other kinds of criminal cases. This is due to the victim’s unwillingness to cooperate in the prosecution and certain evidence issues that cause problems for the prosecution in trial.
In cases where dismissal is appropriate, and the victim requests dismissal, if the case is dismissed – the prosecutor must establish for the benefit of the judge that the case is being dismissed based on the evidence and not the victim’s request.
Judges believe that if dismissals are automatically granted when the victim so requests, the message to the defendant and victim is that the victim, not the court or prosecutor, controls the case. This, the argument is made, provides a perpetrator with less incentive to stop the violent behavior since it becomes clear that the criminal court action can be avoided through intimidation and control of the victim.
Colorado Grounds for Dismissal Crim. P. Rule 48
By the State.
No criminal case pending in any court shall be dismissed or a nolle prosequi therein entered by any prosecuting attorney or his deputy, unless upon a motion in open court, and with the court’s consent and approval. Such a motion shall be supported or accompanied by a written statement concisely stating the reasons for the action.
The statement shall be filed with the record of the particular case and be open to public inspection. Such a dismissal may not be filed during the trial without the defendant’s consent.
By the Court.
If, after the filing of a complaint, there is unnecessary delay in finding an indictment or filing an information against a defendant who has been held to answer in a district court, the court may dismiss the prosecution.
Except as otherwise provided in this Rule, if a defendant is not brought to trial on the issues raised by the complaint, information, or indictment within six months from the entry of a plea of not guilty, he shall be discharged from custody if he has not been admitted to bail, the pending charges shall be dismissed, whether he is in custody or on bail, and the defendant shall not again be indicted, informed against, or committed for the same offense, or for another offense based upon the same act or series of acts arising out of the same criminal episode.
A Trial judge’s authority to dismiss criminal charges on his or her own motion prior to trial, except as expressly authorized by statute or rule, is narrowly limited.
If a trial judge had doubted the credibility of the charge, even though a factual basis for the guilty plea existed, the judge’s duty was to vacate the guilty plea, enter a plea of not guilty and set the case for trial, and the trial judge has no authority to dismiss the case prior to trial.
The Prosecution has broad discretion in Domestic Violence cases to decide to dismiss the case.
The Speedy Trial Dismissal
When a court denies a motion to continue a trial and then dismiss the charges, the appellate courts will examine the court’s ruling from an abuse of discretion standard. A motion for continuance is addressed to the sound discretion of the trial court, and the trial court’s ruling will not be disturbed in the absence of an abuse of discretion
The ABA Standards for Criminal Justice–Speedy Trial provide that a court “should grant a continuance only upon a showing of good cause and only for so long as is necessary, taking into account not only the request or consent of the prosecution or defense, but also the public interest in prompt disposition of the case.” Standard 12-1.3, at 12.11.
Of paramount importance is whether granting a continuance will affect the defendant’s right to a speedy trial.
The Rights of The Victim Under the VRA (Victims Right Amendment)
Victims will often request charges be dismissed against the domestic violence defendant. The VRA does not require dismissal if the victim so requests. Further, a prosecutor is not required to dismiss the charges just because the victim requests under the VRA.
Improper Grounds For Dismissal – Statutory Authority
C.R.S. § 18-6-801(4) Deferred Prosecutions ( they are not allowed as they do not require an admission of guilt)
A district attorney may not dismiss the case pursuant to a deferred prosecution under C.R.S. 18-1.3-101.
C.R.S. § 18-6-801(3) Dismissal of the Domestic Violence Designation – The Domestic Violence “Tag” – Label
A District Attorney may not dismiss the “domestic violence” designation (tag) unless the DA represents “in good faith on the record that such attorney would not be able to establish a prima facie case that the person and the alleged victim were or formerly involved in an intimate relationship” .
A Victim’s request to dismiss the charges does not require dismissal under the VRA. Gansz v. People, 888 P.2d 256 (Colo. 1995).
The Victims Rights Amendment Applicable to Notification of Dismissal of Charges
VRA
The VRA applies to any crime designated as an act of domestic violence by a law enforcement officer prior to the filing of charges, C.R.S. §24-4.1- 302(1)(bb.3); or when an offense is identified by the district attorney in the charging document as an act of domestic violence, C.R.S. §24-4.1- 302(1)(bb.7);
Dismissal of the case is a critical stage under the VRA, requiring notification. The critical stages of the criminal justice process are listed at C.R.S. §24-4.1-302(2).
While the VRA requires notification to the victim of the dismissal of the crime, the VRA does not grant a victim standing or a right to contest a district attorney’s decision to dismiss the charges. Gansz v. People, 888 P.2d 256 (Colo. 1995).
VRA applies to the Judiciary.
C.R.S. § 24-4.1-302.5(1)(a).
The Court must ensure the VRA is complied with prior to dismissal of charges.
Other Articles of Interest:
- Important Links in Colorado Domestic Violence Cases
- Lifting Or Modifying Colorado Civil Restraining – Protection Orders Pursuant to C.R.S. 13-14-108
- Colorado Criminal Law – Understanding The Motion For A New Trial If You Are Found Guilty – Rule 33
- Colorado Criminal Law – Civil Restraining Orders – Common Sense Rules When You Have a Permanent Restraining Order Pending In Court Against You
- Colorado Criminal Domestic Violence Laws – Firearms and Domestic Violence Cases
