My question for you lawyers out there. How can one be charged in a domestic case when I'm not in a relationship with a woman and how can one be charged with obstructing telephone telegraph service demestic violence enhancer unknowingly when I never broke a phone or disrupted a service. The woman that was staying the night at my friends house broke many items in his house, such as a tv and laptop. We were forced to remove her from the apt. After her being kicked out. a officer told me I needed to come out of my apt for questioning. After the questioning I was charged with crminal mischief and obstructing telephone telegraph service. Her story was that I had hit her, which the police said she quickly changed the story to me breaking her phone. I'm innocent and wrongly charged.
The quick answer is that the named victim convinced the police you hit her and / or broke her phone during the incident. You need an attorney to fight for your rights. In Colorado a Domestic Violence "tag" can be added to underlying charges if you are deemed to have had an “intimate relationship” (which does not have to be long-term or sexual) with the named victim, defined as a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time. Call an attorney about the specifics of your case.
You can contact WeedenLaw by phone or email. This answer is for general information only and does not create an attorney client relationship between Jeffery L. Weeden or WeedenLaw and any person. Schedule a consultation with an attorney to discuss your specific legal issue..
You were charged with domestic violence because the police were convinced that you had at some time been involved in an intimate relationship with the complainant. If that is not true then the DV portion of the charges can be dropped. You were charged with criminal mischief and obstructing telephone service because the complainant told the police that you broke her phone. If a jury does not believe that you did that, or if you are able to convince a jury that you were legally justified, then you will not be convicted, but there is little mystery as to how you got charged.
You need an attorney. You cannot handle a criminal trial yourself even if you are a licensed attorney and an experienced litigator. The dynamics are different when the Defendant tries to present a case on his own. Get an attorney immediately.
Robert Salter 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 Robert Salter or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.
Lawyers frequently defend the innocent and wrongly charged. We can't prevent the police from making an inappropriate arrest after the fact, but we can make a prosecutor, judge, or jury see the arrest was inappropriate.
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