Can i reopen a DV Harassment case? Was this entrapment?

Asked over 3 years ago - Denver, CO

I had gotten a dv harassment case for calling several times over the phone to an ex. Her co-worker had been threatening me so i had gotten angry and was speaking very negatively towards him. I had called again and a police officer answered the phone, didn't address himself and told me, " Bring your punk a** down here so i can arrest you!" I said come to my house to arrest me and no one did. The next morning a detective had called and said she needed to see me for questioning, I went in and she arrested me on the spot and charged me for dv harassment.

Attorney answers (1)

  1. Stephen Clark Harkess

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Entrapment requires evidence that the police caused or enticed you to commit a crime that you would otherwise not have committed. Under the facts you have outlined, you had made several calls before you ever spoke to a police officer. Even if the discussion with the officer had not happened, you were likely already guilty of the charge.

    Further, even if you could establish entrapment, you have to bring those allegations forth at a motions hearing or at trial. If you have already plead guilty, the Court will not reopen the case to allow you to pursue a defense that you have already waived.

    Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general... more

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