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What can I do about domestic violence charges that are a misunderstanding? Obstruction of phone service and harassment.

Greeley, CO |

A three minute argument with my wife ended up being a jail stay and soon to be worse. While trying to avoid an argument, I pushed past my wife and knocked a phone out of her hands when leaving the house. Neither of us realized it had called 911. But because the battery had popped lose after it dialed, 911 couldn't reach her. When the police arrived, she let them in against her better judgement and told them about the argument and the phone after being bullied into discussing the incident. The police contacted me and got upset when I told them I didn't have to discuss anything with them. They made charges of harassment and obstruction of phone service (both domestic violence charges) against me and said to turn myself in. My wife disagreed with these charges & spoke with the DA also.

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Attorney answers 4

Posted

You need an attorney. Your wife cannot force the District Attorney to drop the charges. If they have enough evidence to move forward (which her statements give them) then the D.A. will not just drop the charges. The case needs to be set for trial.

Now, if your wife is not compelled to appear in court then the case may be dismissed as there is probably insufficient evidence to proceed without her testimony. If she is subpoenaed to testify then you may still be able to obtain an acquittal. However, you cannot do this by yourself. You need to hire an attorney.

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.

Posted

The Weld County District Attorney will pursue the charges even if your wife wants them dismissed. The situation you have described happens all the time. You should contact an attorney and fight the charges.

The Leier Law Office
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.

Posted

Greeley,

Your best bet is to call the Leier Law Office. He is a former DA in Weld and he will zealously represent you.

Brandon

Posted

My colleagues are absolutely correct. You nee a defense attorney. The DA will not simply drop the charges and these charges may impact you for the rest of your life.

The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.