Legal Question in Criminal Law in Colorado

My boyfriend was arrested on Wednesday night because I had called the cops. I was upset because he had locked me out of my apartment on accident and it was late and I had had a few drinks. The cops were called because the situation escalated and I wanted someone to mediate and just to ask him to leave for a little while. When i was shuffling around his things he had grabbed my arm and had swung a towel at me. I do not believe that this was intended to hurt me, however the cops arrested him and he spent the night in jail. We will be going to court on Wednesday and I am curious as if there is anything I can do so he does not have to deal with this. I know that even if I don't press charges the state still will. Is there anything I can do to get this dismissed or dropped. Really anything I can do. He is not a violent person nor is he mean really in anyway the situation just escalated and neither of us took the time to breathe, calm down and just step away from the situation. I know better next time. Please anything I can do to help.


Asked on 7/05/10, 8:16 am

2 Answers from Attorneys

Dennis W. Montoya The Law Offices of Dennis W. Montoya

Assuming you have not made any statements to the police or prosecutors, DON'T MAKE ANY NOW if you want to help your boyfriend. If you have made any statements to the police, you have the right to refuse to answer any further questions, including any questions put to you on the stand, if you think that due to your intoxicated condition you may have made false statements to the police or if you might have participated in any physical altercation to the point where you might be prosecuted for domestic violence yourself. In my experience, girlfriends (and once in a while boy friends) do a lot of damage by trying to talk too much while intending to help. (For example, "Sure, Johnny hit me, but he didn't mean to ... and I want him home.") Making statements like that to a prosecutor or police officer is a serious mistake if you really don't want the person prosecuted. You will not succeed, in all likelihood, in getting the DA's office to "just drop it," but they cannot obtain a conviction against your boyfriend without your testimony. You also have the right to hire your own attorney to advise you if you think that there is any danger that you might be prosecuted, yourself.

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Answered on 7/05/10, 11:45 am
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

The advice given above is spot on, but may even be understated. Not only should you make no statements, the best thing that you should do is not even go to Court with your boyfriend. Simply by being there, you are making yourself available. DO NOT GO. If you want to know why, or if you otherwise want to help your BF, get counsel. And get counsel BEFORE his next Court appearance.

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Answered on 7/05/10, 12:48 pm


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