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- Colorado Criminal Law – Understanding An Allegation Of Stalking Behavior – The Crime Of Stalking in Colorado
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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!
- 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
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- 2011 Colorado Domestic Violence Treatment Providers By County
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Colorado Domestic Violence Cases – Defense Lawyers And Victim Contact
By H. Michael Steinberg Colorado Domestic Violence Lawyer – Attorney
KW Colorado Domestic Violence Cases – Defense Lawyers And Victim Contact
Colorado Domestic Violence Cases – Defense Lawyers And Victim Contact – Colorado law requires that Colorado criminal defense lawyers zealously and aggressively fight for their client’s rights. In domestic violence cases, that often means investigating the background of the alleged victim and thoroughly vetting all of the evidence including her statements.
Here is the danger – a criminal defense lawyer who crosses the line between investigating a case and tampering with a witness faces possible Colorado witness tampering charges…
Here is the relevant Colorado’s witness tampering statute:
Colorado Statute C.R.S. 18-8-707 reads:
“A person commits tampering with a witness or victim of he intentionally attempts without bribery or threats to induce a witness or victim or a person he believes is to be called to testify as a witness or victim in any official proceeding or who may be called to testify as a witness to or victim of any crime to:
Testify falsely; or,
Unlawfully withhold any testimony; or,
Absent herself from any official proceeding to which she has been legally summoned; or,
Avoid legal process summoning her to testify.
This law, the crime of Colorado Criminal Tampering, poses an even greater danger to a Defendant.
A Defendant should almost NEVER conduct their own investigation by trying to interview or attempt to contact victims especially in Colorado Domestic Violence cases. Many Judges will view this as an attempt to intimidate those witnesses and the District Attorney may charge witness intimidation even in weak cases.
The Advantages Of An Investigator Contacting The Alleged Victim In A Domestic Violence Case Usually Outweigh The Risks
The advantages, in a Colorado domestic violence case, of retaining an investigator, while expensive, are very clear. But before addressing these issues further, an important must be made clear.
While it may seem to be the case, the Prosecutor does not represent the victim. A Colorado prosecutor cannot prevent the Defense from interviewing an alleged domestic violence victim.
Colorado Law forbids both sides – the DA and the Criminal Defense Lawyer from in any way advising – or otherwise urging ANY witness to not cooperate with the other party.
Put differently – no attorney, police office, private investigator, or other agent of either the District Attorney or the Criminal Defense Lawyer may attempt to prevent a witness or victim from cooperating with the opposing side.
The Colorado Rule that applies here is found in: Criminal Rule of Procedure 16(III)(a):
“neither the prosecuting attorney, the defense counsel, the defendant nor other prosecution or defense personnel shall advise persons having relevant material or information (except the defendant) to refrain from discussing the case or with showing any relevant material to any party, counsel or their agent, nor shall they otherwise impede counsel’s investigation of the case.”
The reality of this situation is very different than the law. While a Colorado criminal defense lawyer has the right to talk to a victim in a criminal case without the permission of the DA, prosecutor, (the victim is not represented as a client of the prosecutor), DAs or their agents routinely inform the witnesses of their “right” not to speak to the defense.
The result is almost always the same. The message is clear. Don’t speak to “the enemy” – the Defense attorney or the defense investigator.
This should not stop the criminal defense lawyer from making the attempt, either with an investigator, or alone (with a recording device which the witness must agree can be used to record the entire interview).
The method that a lawyer or investigator should use with the reluctant witness is to persuade the witness that it is the duty of every citizen in this country under our criminal justice system – to assure that the system is fair and just to all – and that means that person should cooperate with both sides of the case…. equally.
Finally, if it can be established through the witness – victim that that person was in fact instructed NOT to cooperate in this process, punishment for this conduct – this calls for sanctions (punishments) are allowed under Colorado law.
A Trial Judge, learning of this kind of unethical and obstructive conduct has many options to punish the prosecutor’s case:
1. The Judge can instruct the jury that the prosecutor instructed the witness not to speak to the defense.
2. The Judge can actually order that part or all of the witness’ testimony be stricken and the jury will be instructed not to consider it for any reason.
3. In the most extreme cases of prosecutorial misconduct, the Judge can dismiss the case with prejudice (it cannot be retried).
The Development Of The Defense “Theory Of The Case”
A Colorado criminal defense lawyer is always working toward the goal of a coherent theory of the case – or defense theory.
Examples of defense theories may include defenses such as – alibi, duress, self defense, entrapment, alternate suspect, or others. At times the defense theory of the case may be just a general denial (the State cannot prove the elements of the crimes beyond a reasonable doubt). And at times the defense will focus it’s attack on a violation of the Defendant’s constitutional rights (a technical defense).
The theory of he case is always a result of a complete mastery of the facts and evidence in a case – and the facts and evidence of a case are only mastered after a thorough review of the State’s evidence and all other evidence uncovered and discovered by the defense.
The Effective Use Of A Colorado Domestic Violence Private Investigator
One of the most challenging issues to the defense is to identify and then fully uncover the “confirmation bias” in the State’s case. In almost all criminal investigations, investigators search for a consistent hypothesis that links all forms of evidence discovered. What can happen is this – these same investigators finding their theory of prosecution will overlook potentially relevant “inconsistent” evidence that challenges that theory. This evidence is sometimes called “exculpatory evidence” which may point to the innocence of the Defendant.
The role of the PI is to uncover shoddy or unscrupulous work and to follow the facts. If flaws exist inthe State’s case – such as the existence of a confirmtion bias, finding these flaws, if such flaws exist, in the work conducted by the police is the private investgator’s job.
Some Basic Tasks For The Private Investigator In Colorado Domestic Violence Cases
The PI should first identify and interview all known witnesses as listed by the prosecutor in the initial discovery batch of reports. and then identify, find and then interview witnesses NOT identified by the State’s case.
An experienced criminal defense lawyer will then “de-construct” ALL of the witness statements and then compare and contrast statements taken at different times attempting to unveil flaws and potential areas of inconsistency with the goal of exploiting those inconsistencies to the jury at trial.
The defense investigator will, of course, study the scene, study all of the police reports and any supplements as well as photographs and any and all available video. Truly veteran defense investigators will assist the criminal defense lawyer with gauging the demeanor and credibility of, for example, the alleged victim of domestic violence….feretting out the details of her “story” and comparing that story, not only to the other witnesses’ stories, but to the hard physical circumstantial evidence in a case – such as time lines and distances.
As noted the experienced private investigator may be able to locate “unidentified” witnesses. Good witness leads result from visiting the scene of the crime as soon as possible after the State is done with it. The goal here is to identify ANY PERSON, even remotely connected to the incident or, who may have information which may be helpful to the defense.
While “canvassing” a neighborhood adjacent to the scene of a crime is both time consuming, expensive and sometimes frustrating, when it comes to providing a good defense – every legitimate opportunity to defend against charges is worth the effort. The neighborhood canvas may locate witnesses overlooked by the police and thereby unearth valuable, “game-changing” information.
Excellent and effective cross examination is the result of careful planning. The opportunity for the Colorado criminal defense laeyer to successfully cross examine and “impeach” a State’s witness is usually the result of hard work.
Summary And Conclusion – Colorado Domestic Violence Cases – Defense Lawyers And Victim Contact
Every witness called by the State of Colorado in a case is a witness to the case. Witnesses do not “belongs” to the prosecutor. A truthful witness should be as willing to speak to a defense lawyer and or his or her investigator as they would be to speak to the District Attorney. It is equally important to understand that ALL lawyers are “officers of the court” and are ethically obligated to encourage that any evidence be made available to both sides to a Colorado criminal case.
Not only is there nothing wrong with the Defense team speaking to all potential witnesses, it is their DUTY to do so as part of their obligation to their client – a client whose very liberty may be at stake.
Colorado Domestic Violence Cases – Defense Lawyers And Victim Contact
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The reader is admonished that Colorado criminal law, like criminal law in every state and at the Federal level, changes constantly. The article appearing above was accurate at the time it was drafted but it cannot account for changes occurring after it was uploaded.
If, after reading this article, you have questions about your case and would like to consider retaining our law firm, we invite you to contact us at the Steinberg Colorado Criminal Defense Law Firm – 303-627-7777.
Never stop fighting – never stop believing in yourself and your right to due process of law. You will not be alone in court, H. Michael will be at your side every step of the way – advocating for justice and the best possible result in your case. H. Michael Steinberg is passionate about criminal defense. His extensive knowledge and experience of Colorado Criminal Law gives him the edge you need to properly handle your case
ABOUT THE AUTHOR: H. Michael Steinberg – Email The Author at:
A Denver Colorado Criminal Defense Lawyer – or call his office at 303-627-7777 during business hours – or call his cell if you cannot wait and need his immediate assistance – please call 720-220-2277.
“A good criminal defense lawyer is someone who devotes themselves to their client’s case from beginning to end, always realizing that this case is the most important thing in that client’s life.”
You should be careful to make a responsible choice in selecting a Colorado Criminal Defense Lawyer. We encourage you to “vet” our firm. Over the last 40 plus years – by focusing ONLY on Colorado criminal law – H. Michael has had the necessary time to commit to the task of constantly updating himself on nearly every area of criminal law, to include Colorado criminal law and procedure and trial and courtroom practice. H. Michael works hard to get his clients the best possible results in and out of the courtroom. He has written, and continues to write, extensively on Colorado criminal law and he hopes this article helps you in some small way Colorado Domestic Violence Cases – Defense Lawyers And Victim Contact.
Other Articles of Interest:
- Links and Other Resources
- Federal DV Laws – The U – VISA
- Experienced Colorado Domestic Violence Criminal Lawyers in Colorado – Does Experience Really Make A Difference In A Colorado Criminal Defense Lawyer?
- Colorado Criminal Defense Strategics: The Top Ten Myths About Colorado Criminal Cases
- Colorado Criminal Law: Victim Representation in Colorado Domestic Violence Cases
