Aurora, CO asked in Criminal Law and Domestic Violence for Colorado

Q: Will the DA still press charges if the victim had a medical issue and thought they were attacked when they actually not

The victim had a hypoglycemic episode that causes them to be irrational, aggressive and talked about killing themselves. Original report was that the victim was attacked but after time realized what happened and was not attacked. The defendant actually stopped the victim from hurting themselves. A new statement has been submitted and the victim has been to a doctor to address the medical issues. She knows she was not attacked now and has clearly stated everything she can remember from that night. There was an injury to the side of her jead, but it happened when she blacked out and fell to the ground. The victim asked the officer for the statement back shortly after it was given because she knew that what she thought happened at that time didn't happen. After a week and going through the night several times she realized what really happened. Updated statement was given to DA investigator once she figured out what happened.

1 Lawyer Answer
Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Fort Collins, CO
  • Licensed in Colorado

A: Only the DA can make the decision whether or not to proceed with the case. Your actions may weaken the DV case (which may result in the DA dropping charges), but the DA can proceed with or without your participation.

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