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Photo Of Kyle B. Sawyer

Charged With A Crime? It Doesn’t Mean You’re Guilty.

Can a Domestic Violence Victim Get a Case Dismissed? Denver Criminal Lawyer Explains

On Behalf of | Mar 9, 2016 | Domestic Violence |

When the Victim Who Called Police Wants the Domestic Violence Case Dismissed in Denver

It is very common that a man or woman calls the Denver Police, and then after their friend, spouse or loved one is arrested, changes their mind and wants the police to let him or her go. This usually happens in a domestic violence case. If the case involves kids in the house, Social Services or DHS will be involved in the case as well, and they will become very angry with the mother who wants her husband out of jail. In some cases, we have heard of Social Services workers who threaten to take the children away if their mother wants to dismiss charges. It is tough to get a case dismissed just by asking.

A Victim Cannot Get a Criminal Case Dismissed in Arapahoe County

It is very difficult for a victim to recant their story or get charges dismissed. Typically what happens is that someone in an argument or fight calls police to come and calm things down. The caller wants a cooling off period – not for someone to go to jail. But, when police come, the alleged victim who called police is shocked when their loved one is taken to the Arapahoe County Jail. Merely asking for a criminal case to be dismissed will not make it happen.

Why an Adams County Victim Can’t Get Charges Dismissed

Once a criminal allegation or charge of domestic violence is made by a person, the government takes over the case and it belongs to them. The victim is merely a witness in the case, and the government will use what the accuser said before to police to prosecute. The DA will argue that the accuser who made the accusations is either being forced to change their story and request the case be dismissed, or that they have lost their nerve. Police and prosecutors (DAs) assume the person who is their victim just wants to get their loved one back home and will try to make that happen. Victim advocates will often tell a victim that this is simply not possible. There are never happy endings when someone calls police and then later tries to get them out of jail or back home. The government has very little compassion, once an accusation is made. You have given them a criminal case and they will make the most of it. A criminal defense lawyer can talk with an alleged victim about the truth of what occurred and try to persuade a judge, jury or District Attorney to let the case go.

How Families are Harmed by Criminal Charges in Douglas County Court

In many cases, the accused person is not allowed to come back home. In other cases, if they don’t have money for a bail / bond, they will be required to sit in jail. While they sit in jail, they lose their job. Without a job, they cannot pay for their rent, groceries, or medical expenses. Often, they cannot have any contact with their children or spouse, due to a Protection Order or Restraining Order. Many destructive things occur with domestic violence allegations. How does the District Attorney respond when you let them know you might soon be a homeless family? They don’t care. Read why we have so many domestic violence cases.

In Jefferson County, never call the police just to calm a situation down. That is always a bad idea. Leave the house or room instead. Never speak with police if you are charged with a crime. If the police are called, contact our defense lawyers at 303-731-0719 immediately. Together, we can protect your future.

Image Credit: – David Castillo Dominici