Q: Can DA threaten to charge my wife with DV charge if I take my charge to trail and win?
My wife has severe PTSD from her first husband( held captive for 3 years cult police rescued her). We lost everything and came to Co for my son who has a half a heart left side.My son and I said the same statement. I wasn't allowed to contact my paid lawyer. But even my PD said I would win, but said that the DA said to him to tell me that if I go to trial and win, he would charge my wife with DV and put her in jail.
A:
Assuming all the facts stated in your question are accurate (it is always possible something was misheard), then the answer to your question is no; a defendant's decision to proceed to trial or accept a plea offer, must be knowing and voluntary. A threat to penalize a defendant if they go to trial and the decision to forego trial because of the threat would render the decision to forego trial involuntary.
That said, an allegation that a prosecutor threatened a defendant if he/she exercises their constitutional right to a trial should be thoroughly investigated before deciding whether to make the allegation.
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