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.
In Colorado, the law permits self-defense, but only under specific conditions. What begins as a self-protection claim can easily spiral into a criminal charge if the facts are misread or misrepresented. That’s why understanding how self-defense is treated under Colorado law can be the key to protecting your freedom.
At the Law Office of Kimberly Diego, we’ve represented clients in cases where force was used for one reason only: survival.
If you or a loved one is facing a challenging situation regarding the Colorado Red Flag Law, you may be feeling overwhelmed and unsure of where to turn for help. The Colorado Red Flag Law allows for the temporary seizure of firearms from individuals who pose a danger to themselves or others. This delicate legal matter requires a strong and experienced defense.
When carrying the weight of a criminal record, it doesn’t just sit in the background. It shows up in places that matter – job applications, apartment hunting, and even volunteer opportunities. If you’ve served your sentence, completed probation, or had your case dismissed, it’s fair to wonder whether Colorado allows you to clear the slate. The answer is yes, but not always – and not without strategy.