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Can I get an felony assault charge dropped?

Littleton, CO |
Filed under: Felony crime

4 years ago my husband got into an altercation with someone. He was taken to the drunk tank and his mother picked him up a few hours later. He was told that he was not arrested and if anything was to come out of the situation that he would be notified by phone or in person at our residence. Neither happened. He was picked up on an unrelated offense 10 days ago in another county and found out that he had a warrant for FTA for this offense. We had no clue there was even a charge brought against him. I called the county for this offense and was told that there was a court date set and that it had been continued by the parties and that my husband didn't show up for the continued case. He has never been to court regarding this. Can it be dropped?

Attorney Answers 3

Posted

If your husband was charged with FTA it means that he was either given a summons (ticket) or he was arrested. No court date gets set until the defendant is served or arrested. In fact, if the case was continued by the parties it means that your husband appeared in court at least once on this case in the past. There may be something that your husband isn't telling you - or doesn't remember.

The charges will not be dropped based on the passage of time. Your husband needs an attorney to review the case file and determine what evidence there is to support the charge. He has been charged with a felony and needs a defense.

You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.

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Asker

Posted

Thank you for your response. That is the reason I was wondering if it could be dropped. I know for a fact that he was never given a ticket or made any kind of court appearance. That is why it doesn't make sense to me that he could have a failure to appear charge. My husband has admittedly in the past gotten into trouble but he has never shirked his responsibility. He has always shown up for court and paid all fines associated with any kind of legal trouble he has gotten into. If we had known about all of this we would have gotten it cleared up 4 years ago and not ignored it. He was appointed a public defender last week. Can I speak with her about it? I just don't know how to proceed. I've never had to deal with anything like this before. Thanks for your time

Stephen Clark Harkess

Stephen Clark Harkess

Posted

With your husband's permission his attorney could talk to you. In reality, the FTA is less important than the actual charges. If he appears and posts bond, the FTA will be over. However, he still needs to deal with the felony assault charge and whatever evidence there is to support that charge.

Posted

He needs to hire a criminal defense attorney. An attorney will get him a bond/released (if he's not already out) and will enter a not guilty plea. The attorney will then see what evidence exists and develop defenses that may lead to getting the case "dropped".

This content is informational only and does not establish an attorney-client relationship.

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Posted

Unlikely. You need to hire a local defense attorney as soon as possible. Shop around and find out the attorney who is a good fit as well as experienced. I felony assault charge in Colorado is a class 4 felony and carries 2 to 8 years of prison and a fine of $2,000 to $500,000. It is also a crime that carries mandatory prison if he is convicted. As such, do not expect it to be dropped. Additionally, the judge and the DA will likely be upset because they believe that he has not taken accountability and responsibility for the past 4 years. I am not sure what happened initially. However, that is not the primary issue. The primary issue is getting great legal representation now. I am not sure if this is an Arapahoe County case (you are in Littleton) or another jurisdiction. However, many of us on Avvo are very skilled defense attorneys with prior histories as judges, prosecutors, public defenders, etc. with a strong commitment to our clients and a lot of skill in handling criminal defense cases. So, I would start your search hear on Avvo. Good luck.

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Asker

Posted

Thank you for your response. My husband has admittedly gotten into trouble in the past(nothing except this in the 8 years we have been together) and has never shirked his responsibilities. He has always shown up for court and paid all fines associated with any kind of legal trouble he has gotten into. If we had known about all of this we would have gotten it cleared up 4 years ago and not ignored it. He was appointed a public defender last week. Can I speak with her about it? I just don't know how to proceed. I've never had to deal with anything like this before. Thanks for your time

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