We were fighting because we have a newborn and were both beyond stressed out. I got so mad I called the cops but hung up before saying anything. By the time they showed up anyway we had calmed down and starting talking. Cops wanted to interfere anyways and separated us. I thought I heard my fiance talking bad about me to cops so I said I was holding the baby and he grabbed my arm. For this he got child abuse, obstruction of telephone, and domestic violence. But I told them after that I was pissed and that's not what actually happened. He never even touched me except tried to move my arm cause I was blocking him from leaving the room n I was not holding the baby. There is a protection order n he got a violation because he was with us. Hes pleading not guilty will this most likely be droped
Criminal Defense Attorney
You can contact the officer that arrested your fiance and file a report that you exaggerated the story. You can also contact the district attorney's office and notify them of the errors in your original statement; however, you could be charged with False Reporting, a class 3 misdemeanor, if you lied to the police to begin with. In my experience, law enforcement and the Weld County District Attorney's Office won't file a False Reporting charge against you, but nonetheless you should be aware of the possibility of the filing. I can also tell you from experience that the Weld County District Attorney's will not drop the charges against your fiance if you recant your original story, because it happens quite frequently in domestic violence cases and they look at such things with a great deal of skepticism. Domestic violence charges carry significant life long consequences, but they are also very defensible. Your fiance should contact an attorney in the Fort Collins or Greeley area and fight the charges.
The Leier Law Office, LLC
Kent J. Leier
The Leier Law Office, LLC, 110 East Oak St. Ste. 220, Fort Collins, CO. Call 970-682-4581 for a free consultation. The answer above does not form an attorney client relationship and does not substitute for advice that can be obtained during an in depth initial consultation.
You do not have the power to get the charges dropped. If the District Attorney believes there is sufficient evidence to proceed, the state can continue the prosecution. If you are served with a subpoena, you will be required to attend trial and testify and the D.A. can use your earlier statements to police in order to impeach your current version of events. Then the jury will be asked to decide which version they believe. On the other hand, if you are not served a subpoena and do not appear for trial, it will be very difficult for the prosecution to move forward since there were no other witnesses to the events and your fiance is not required to testify.
Your fiance needs an attorney and the case may need to be set for trial before it can be resolved.
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.
I agree with my colleagues in their analyses of your question. I will point out that your story has been falsely told thousands of times, with many people being wrongfully charged and consequently wrongfully convicted for crimes they did not commit. Those wrongfully convicted, in turn, must live with lifelong consequences. Sometimes too, so do their false accusers.
The information provided in this answer does not create an attorney-client relationship. If you are interested in a free consultation with Mr. Bryans, call The Bryans Law Office at (303) 832-2930.