Legal Question in Criminal Law in Colorado

I recently got into a altercation with a male friend of mine after drinking while snowboarding, I left him on the Mountain and he drunkenly called the police. He made a statement (that he now does not remember) about us having an intimate relationship and we were both arrested for 3rd degree assault with Domestic Violence. Here is the main problem, I am a lesbian and have been out for over a year. The only "relationship" between myself and this guy was a completely platonic one... what do I do?

Asked on 1/14/14, 8:02 pm

2 Answers from Attorneys

Jason Savela The Savela Law Firm, PC

It is usually good to get a lawyer if you can afford one. He should too. You likely have a self defense case. I would not talk to the police without a lawyer. This thing will not go away just by you telling the police the truth. They will write down some of it, the parts that make you look bad, and the case will still go forward.

A DA will have to sort this out.

At some point, he will want to assert his right to remain silent too. He should fear a false reporting allegation. I represent people in mountain jurisdictions as well as in the front range.

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Answered on 1/14/14, 8:09 pm
Alex Berry Damascus Road Law Group LLC

As Mr. Savela says talking to the Police or the District Attorney will not make this case go away and will only hurt your case.

The domestic violence laws are so strong in this state that the District Attorney cannot dismiss the case unless they cannot even establish a "prima facie" case, which is an incredibly low threshold.

Both you and Him will want to get lawyers if you can afford one, several lawyers will work a case on a sliding scale based on income.

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Answered on 1/15/14, 11:05 am

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