Occasionally, the victim in a pending domestic violence matter may require the advice of an attorney. One circumstance in which the victim may wish to speak to an attorney is if the victim’s Fifth Amendment rights are implicated. In other words, a victim way want to speak to an attorney if they, by testifying in the criminal proceeding against the defendant, may incriminate themselves.
This often is the case in domestic violence cases, where both parties involved may have engaged in some criminal act, or the victim, in the heat of the moment, may not have accurately relayed the facts to the investigating officers.
If your Fifth Amendment rights are in fact implicated, and you do plead the 5th, you may still be forced to testify if the prosecution grants you immunity. Immunity takes one of two forms: use immunity, where a witness may be prosecuted, but his testimony cant be used against him, and transactional immunity, where the witness is immune from prosecution for offenses related to that testimony.
Kimberly Diego has represented victims in domestic violence cases and would be happy to speak with you about your rights and options should you have any concerns.
A new felony charge in Denver can take on a much heavier tone once prosecutors raise the possibility of habitual criminal sentencing. A case that might otherwise be handled like many other felonies can turn into a high-exposure situation if the state claims your prior convictions qualify under Colorado’s habitual criminal laws.
The Law Office of Kimberly Diego defends people facing serious felony allegations and high-stakes sentencing threats in Colorado
Being falsely accused of domestic violence is a uniquely devastating and frightening experience. In Colorado, law enforcement officers responding to domestic disturbance calls are encouraged, and in many cases required, to make an arrest when probable cause exists. This means individuals can face criminal charges based largely on one party’s statement at the scene.
At the Law Office of Kimberly Diego, our Denver criminal defense attorney understands the legal challenges
Not every encounter with law enforcement in Denver is lawful. Police stops must comply with constitutional standards for protection against unlawful searches and seizures. When these standards are not met, your Denver criminal defense lawyer can challenge the evidence obtained during the stop. In some cases, this could result in reduced criminal charges or even dismissal.
If you are charged with a driving criminal case in Denver, the criminal defense