According to Colorado law, domestic violence is not a separate crime but an add-on charge to any other crime. Domestic violence is an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. Domestic violence also includes any other crime against a person, or against property, including an animal, or any municipal ordinance violation against a person, or against property, including an animal, when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship.
Once the designation of domestic violence has attached to your case, it cannot be removed unless the prosecutor makes a good faith representation that he would be unable to prove the existence of domestic violence if you were brought to trial on the original offense.
In many cases, the alleged victim may say that they do not want to prosecute a case and may seek to reconcile with the defendant even though the Court has imposed a restraining order. Unfortunately, the alleged victim has no absolute right to demand that a domestic violence case be dropped. The prosecution may proceed with the case regardless of the alleged victim’s wishes and simply “let the courts decide” whether or not you are guilty.
If you violate probation in Colorado, your probation officer files a complaint with the court, and a revocation hearing is scheduled before a judge, not a jury. The burden of proof is lower than in a criminal trial, and the range of outcomes is wider than most people expect. The Law Office of Kimberly Diego defends people facing probation violation allegations throughout Denver and surrounding Colorado courts.
An unconstitutional search can result in drug evidence being thrown out of court entirely, and without that evidence, prosecutors in Colorado often cannot prove the case.
Both the U.S. Constitution and the Colorado Constitution protect individuals from unreasonable searches and seizures, and Colorado courts have at times interpreted the state constitution to provide broader protections than those required by federal law. At the Law Office of Kimberly Diego, our Denver
Colorado’s habitual criminal law allows prosecutors to triple or quadruple the maximum sentence on a new felony when a defendant has prior felony convictions, and in some scenarios it mandates life in prison with no parole for 40 years. Two prior felonies within ten years can turn a class 4 felony with a six-year maximum into an 18-year sentence. The Law Office of Kimberly Diego has defended Colorado criminal charges
