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- 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
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Colorado Felony Domestic Violence Defense Lawyer – Pre-Filing Representation
Colorado Domestic Violence Defense : The Investigation Stage
When you are under investigation for a Felony Domestic Violence Charge – si there anything that can be done to stave off potential criminal charges?
The truth is that actions during the time before you are formally charged can be the most important part of your defense.
The reason to act before charges are filed is the nature of the investigative process itself
1. When a “Suspect” becomes a “Defendant”
As the police begin their investigation and suspect you have committed a crime, but have not yet charged you, you are a target or a “suspect.” When law enforcement send their Colorado General Criminal Case Filing to the District Attorney (D.A.), the D.A. decides whether to file formal charges. If the D.A. files criminal charges against you are now a “Defendant.”
2. The Investigation Stage
The front line police who are first to investigate the facts of a case and to prepare Witness Statements, Evidence, and Reports to submit to the District Attorney (D.A.). Unlike detectives, these first responding officers often do not conduct a full investigation with the goal of uncovering the whole truth. Rather these first responders – so to speak -seek sufficient incriminating evidence for probable cause (necessary to charge the “suspect(s))”
It’s their job (and their slant) to find evidence which points to guilt, not evidence that points to innocence. It becomes immediately clear that many Police Reports only tell half of the story – and obviously they tell the incriminating side of the story pointing towards guilt.
The reports have “suggested” charges that submitted during the booking or citation charges. These are the charges which these early investigators believe should be charged. Although familiar with the law, police are not lawyers – and once their investigation is complete, they pass on their investigation for a “screening”and final decision by the District Attorney’s Office.
3. DA’s Screening Function – The Review of the Colorado Felony General Criminal Case Filing
Once the Police submit their Colorado General Criminal Case filing in Colorado Felony cases to the District Attorney’s Office, the “Intake” or Filing D.A. reviews the reports and makes a filing decision. Note that the D.A. is not bound by the Police’s determination / suggestion of the appropriate charges. To the contrary, the D.A. can file the same, less, or even more charges than the Police suggested. The D.A. comes to a decision after carefully reviewing the facts, the applicable law, and considering the evidence and deciding which charges are justified and most accurately appropriate.
In considering whether charges are justified and appropriate, the D.A. considers whether they reasonably believe they can obtain a conviction based on the available evidence. D.A.’s generally seek to err on the side of caution by over-charging. They do this for two reasons: first, they can always amend or dismiss the charges later if the law or evidence requires such and second, D.A.’s often file “trumped up” charges as a bargaining chip for future plea negotiations. Thus, later it appears like they are offering a deal to dismiss some charges (which should have never been filed anyway) in exchange for a plea to other charges.
4. How can you and your Defense Attorney influence the process?
The District Attorney’s office actually appreciates defense counsel’s input. Because the D.A. making the filing decision has limited time, scant information and often a skewed perspective of the facts, it is so imperative that Defense counsel provide them with whatever missing necessary facts can help [positively] influence the D.A.’s filing decision. As long as these facts are genuinely true, of course they are highly relevant to the D.A. in making the filing decision. A proven philosophy of human nature is:
It is a lot easier to help someone make up their mind than it is too change their mind once they have already made it up.
The obvious implication of this it is better to help the D.A. make up their mind to not file charges, or file lower charge, rather than to blindly let them assume the worst, charge the case, and then only after try to disprove the case and change their minds once they already have a mind set as to what happened. Of course, you attorney must use careful discretion. The first rule is “Do no harm” – your attorney should not volunteer [negative] facts that would worsen your situation giving the D.A. facts that would make them file higher charges. A fundamental of criminal defense is that you may remain silent and not assist in your own prosecution.
The facts that help a D.A. make up their mind about the filing decision include the following:
The suspect’s personal background information.
The D.A.’s filing decision can often be influenced positively or negatively simply by the defendant’s background. Positive, helpful facts about the defendant include whether s/he: has any prior criminal record, has a full time job, has a supportive family, has undergone some unusual hardship that explains or even justifies their unusual behavior, and generally whether s/he is an upstanding citizen. To prove this, the D.A. often will take the Defense Attorney’s word, but supporting letters and documentation always help.
Factual evidence demonstrating the suspect’s innocence
Sometimes, it is possible (and necessary) to find concrete evidence proving innocence, that the Police Report omits, – and bring that to the D.A.’s attention. This is done with the help of a Private Investigator. Recall that Police often seek just enough incriminating evidence to justify charging a suspect. Thus sometimes Defense counsel needs to conduct a separate Private Investigation to find exculpatory evidence (evidence proving your innocence).
Research of the relevant law that helps your case
Last, the D.A. does occasionally get the law wrong. Sometimes, defense counsel can research the law and find statutory or case law authority showing that the provable facts don’t support the proposed charges, or alternatively that the available evidence is likely not sufficient to render a guilty verdict at trial.
This research not only helps at the start, but it may also help later by setting the stage for the entire case in a beneficial way to you. But it must be given to the D.A. A.S.A.P. When the defense attorney completes their investigation of the case and research of the law, s/he then provides the D.A. with all of this information to “assist” them in their filing decision and based on what is provided, the defense attorney can reasonably request that the D.A.:
Not file any charges.
Reduce the charges – i.e. only file some charges, and not others.
File specific charges as a Misdemeanor and not as a Felony.
(Some offenses are known as “wobblers” allowing the D.A. to choose whether to file the offense as a Misdemeanor or as a Felony. Obviously, it is far more advantageous to be charged with a Misdemeanor, considered a less serious which carries less stigma, a simpler process and lower penalty than to be charged with a Felony, considered the most serious of crimes).
All of this work described above is done Pre-Filing, as it is completed before charges are even filed – before your arraignment (i.e. before you ever appear in court). Such a pre-filing defense has enormous advantages.
First, when justified and done well, it often does work. The effort is totally warranted when it prevents the D.A. from ever filing charges. Then not only does the suspect not get a criminal record, they never have to go through the aggravation of the criminal process. The effort is still fully warranted when charges are reduced.
In fact, sometimes a good Pre-Filing Defense that reduces the charges can have a more beneficial impact for the defendant right from the start, (regardless of how the case ends) than the best defense for a case that begins with much higher charges. Even if charges are not reduced, and the D.A. still files charges, in any event, the pre-filing defense helps to immediately put your best foot forward by providing helpful information to the D.A. and the court about yourself and the facts to provide a balanced account of the case.
Moreover, a thorough pre-filing defense ensures that your attorney has adequately “worked up” the case at an early stage and is already fully prepared to defend you should the case go forward to trial.
Therefore, do not delay. Time is not on your side. Certain actions need to be taken immediately to improve your odds at trial and/or to lessen your sentence. The sooner you get an attorney involved in your case; the better off you will be, regardless of whether you are guilty or completely innocent. You should only hire an attorney who can work on your case immediately and prepare a compelling Pre-filing defense to get your case off to the right start that will hopefully quickly and safely bring your case to the right end.
Other Articles of Interest:
- Colorado Criminal Law: Victim Representation in Colorado Domestic Violence Cases
- Colorado Domestic Violence Sentencing
- Colorado Criminal Domestic Violence Law – Understanding The Colorado Laws Governing Dismissal In Colorado Domestic Violence Cases
- Colorado Domestic Violence Sentencing Law – Understanding The Restrictions on Prosecutors
- Colorado Domestic Violence – When the Wrong Person Is Arrested
