Understanding Domestic Violence and Criminal Law in Boulder

By J. Scott McComas | Published on December 2, 2011 | 0 Comments

Heated, tense or volatile situations between spouses or family members often cause a spouse, family member, neighbor or even passers-by to call the authorities simply because they want a police presence to calm things down. However, in such situations, much to the caller’s surprise, someone will be hauled off to jail; even if it’s against the wishes of the alleged victim.

As Boulder Criminal Attorney J. Scott McComas explains, Colorado has a mandatory arrest policy: if there’s probable cause, the police have no discretion other than to arrest the suspect. The consequences of such arrests are enormously disruptive to families. Therefore, in many domestic violence cases handled by J. Scott McComas, P.C., the alleged victim often seeks to get the case dismissed or bond conditions lifted.

In Colorado, being charged with a domestic violence offense almost always results in a restraining order forbidding the suspect from going back to the family residence or from making any attempts to communicate with the alleged victim. One of the first things the Boulder criminal attorney advises his clients not to do is try to reach the victim, as this will further complicate their situation. Making this mistake can trigger a revocation of their bail bond, introduce new charges by violating the provisions of their bond, and add a minimum of six months of jail time in misdemeanor cases and one year in felony cases. McComas insists that this is a critical mistake that can confound what may have been a very defensible case.

In addition to not talking to the victim, the criminal attorney in Boulder has more sound advice for those charged in a domestic violence case: “don’t talk to anybody about anything.” Anyone whom the defendant speaks with about the case can be made into a prosecution witness against the defendant.

Often the alleged victim will want the “no contact” provisions of the bail bond modified or removed.  The procedures that most metropolitan area courts follow require the alleged victim to address any requests to modify or lift bond conditions through the district attorney’s office.  Unfortunately for alleged victims, the district attorney’s office is not an advocate for them and will seldom agree to lift bond conditions in response to victims’ requests.  When the district attorney requires the victim to provide a statement in support of their request for bond condition relief, victims often unintentionally make statements which can further complicate the case and not result in the desired outcome.  Because of these obstructions and potential complications, McComas suggests that the alleged victim contact the defendant’s attorney prior to communicating with the district attorney.

The best defense witness in a domestic violence case is often the alleged victim. With this in mind, it’s important that both the suspect and the victim follow McComas’ careful steps in the event an arrest was not anticipated or desired, even by the victim.

Obviously, not all domestic violence cases are alike and needs differ between individuals, yet in all domestic violence cases, consultation with reputable counsel is critical.  When advisable, you should engage a Boulder criminal attorney to defend your case and avoid missteps which may result in incriminating you or create more penalties, probation requirements or jail time. J Scott McComas, P.C. is committed to providing the best counsel and representation in this as well as other facets of criminal law such as burglary, vehicular homicide, child abuse, sexual assault and DUI to ensure protection of your rights and interests to the fullest extent.

*Disclaimer: This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.

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