When you’re suspected or accused of domestic violence in Colorado, the impact can be devastating. You get arrested whether or not you actually did anything wrong. Officers can arrest you based solely on any reason they have to believe you may be guilty. The sooner you retain a Colorado criminal defense attorney, the less of an impact false domestic violence charges might have.
When you’re arrested, you get to spend a night in jail, which turns into a weekend if you’re arrested on a Friday. You won’t be able to post bail, and no one can post bail for you, until you appear before a magistrate judge. You won’t be released until you sign a mandatory restraining order, even if you did nothing wrong.
It’s gets worse. In Colorado, persons who are arrested for domestic violence gets listed on Colorado’s Bureau of Investigation and FBI’s National Instant Check system–for life. Even if your charges are dropped, getting your name off these lists will be extremely difficult.
Why would a person make a false domestic violence accusation? The alleged victim may do it out of retaliation for something you did that they didn’t like. Often it is done out of anger or to get the upper hand in an argument. Many times an alleged victim will do it out of fear of being held accountable for their own actions in a domestic dispute. An estranged spouse make a false accusation to gain leverage in a divorce, or to extort money attempt by threatening to press charges. Sometimes the alleged victim may inadvertently make a false accusation while under the influence of alcohol or drugs.
Your criminal defense attorney will thoroughly review all of the evidence presented in your case. He will likely search for inconsistencies in your accuser’s statements to establish credibility or lack thereof. He will also look over police reports specifically to review the conduct of the arresting officers to determine if there was probable cause to warrant your arrest.