Domestic violence is a serious criminal charge with a potentially substantial impact on your life. The immediate effect of a domestic violence charge includes fines or incarceration. It may also result in a restraining or protective order.
Many employers also conduct background checks, and a criminal record may hurt your current or future career opportunities. You should always have a strong defense strategy against any allegations, including seeking a possible dismissal during the pre-trial hearing.
Consult a trusted domestic violence defense attorney in Greeley, CO, for defense representation when facing these charges.
A pre-trial hearing is the next step that occurs after an arrest and your declaration of “not guilty.” Many cases are resolved during pre-trial hearings; some go to trial, and others conclude through pre-trial agreement with the prosecutor called a plea agreement or plea deal.
A pre-trial hearing is a session scheduled by the court, during which the concerned parties discuss any pertinent issues before the case proceeds toward trial. Either a prosecutor or a defense attorney may initiate a pre-trial motion.
A motion is a request by the prosecutor or defense attorney to the court to rule on a particular issue before the trial begins.
Examples of pre-trial motions include:
There are additional options to resolve the case at the pre-trial hearing. The prosecutor may offer a plea bargain to reduce the charge, which you should only accept with advice from your defense attorney..
The law requires Colorado courts to give each defendant due process and uphold the defendant’s rights under the United States and Colorado’s constitution.
As a defendant, you have the following rights:
During pre-trial hearings, a judge can rule if there is a fair cause for trial. The judge will also consider the pre-trial applications submitted by the prosecutor and the defense attorney.
Family conflicts often get out of hand, necessitating the intervention of a law enforcement agency, which may lead to a domestic violence charge. A dismissal might be appropriate if either party believes the charges are unjustified or for other reasons.
The possible reasons for a dismissal include:
A police officer should only arrest someone when there is probable cause. Your charges will probably be dropped if your defense counsel can prove that the arresting officer had no valid reason to suspect the accused of domestic violence.
Your defense attorney may move to dismiss your case if you believe a law enforcement officer illegally stopped you for another reason apart from suspicion of crime.
The prosecutor may apply to dismiss the charges if the accuser stops collaborating with the prosecutor. The accuser is a key witness for the district attorney, and when they no longer cooperate or follow directions, the prosecutor has no option but to drop the charges.
The prosecutor may drop the charges if the evidence demonstrates the accuser was the perpetrator of violence, which prompted the defendant to act in self-defense.
The prosecutor must present objective and factual evidence to support the domestic charges during trial. If the judge rules the evidence is insufficient and doesn’t meet the threshold to build a case, the charges may be dismissed, necessitating no trial.
During an arrest, a police officer should read the accused their Miranda Rights—the right to remain silent, the right to legal representation, and the right to an attorney during questioning.
If the police officer fails to read these rights to the accused, the statements that the police obtain are invalid, which are grounds for dismissal.
Even if the allegations are false, engaging an experienced defense attorney enhances the chances of case dismissal.
Here’s how the input of a defense attorney can make a difference:
An attorney can identify various police actions that amount to misconduct and breach of procedures. One example of police misconduct is denying the accused the right to an attorney during questioning.
An attorney can negotiate with a prosecutor for a reduced charge or dismissal. A suitable defense attorney should have established relationships with the prosecutors, enhancing the chances of a favorable outcome during negotiations.
If there is enough evidence to dismiss your case, your attorney can file a pretrial motion to dismiss instead of going through trial hearings.
Although domestic violence is a criminal offense, it has severe implications for innocent parties who’ve been wrongfully accused. You need representation from an experienced defense attorney who’ll aggressively defend your rights.
McAdams Law Office is a criminal defense attorney with over 20 years of experience, which gives us an advantage in representing you. Contact us online or at (970) 353-0000 for a free consultation.
William T. McAdams, known as Bill, is a highly experienced criminal defense attorney and former prosecutor. Since establishing McAdams Law Office in 2006, he has represented clients in cases including DUI, domestic violence, and theft, handling over 100 jury trials. Bill serves clients predominantly in Weld and Larimer counties, including Greeley, Evans, Windsor, Loveland, and Fort Collins. An active community volunteer and member of multiple legal associations, he is dedicated to protecting his clients’ rights.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partiner, William McAdams who has more than 25 years of legal experience as a personal injury attorney.