Fort Collins, CO asked in Family Law for Colorado

Q: My boyfriend was charged with DV for accidentally hitting my phone into my face, he was arrested anyway. What do I do?

It was absolutely an accident But he was arrested anyway. I was drunk and crying and they wouldn’t listen to me. He didn’t do anything wrong, he never has and never would hit me but they arrested him anyway. I’m going on Monday to try and talk to the judge is there anything more I can do?

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1 Lawyer Answer
Sean Maye
Sean Maye
Answered
  • Denver, CO
  • Licensed in Colorado

A: You should speak with the DA assigned to the case, as well as the victim's rights advocate. They should know what you've written here. That said, what you've written here could get you in trouble, so I would advise not to post anything further online.

Separately, though, you may decide to go on record in Court if the DA does not drop the case, but you will need to consult with a lawyer before doing that - because there are collateral consequences to recanting testimony in a criminal case. You could be at risk of a perjury or witness tampering criminal allegation, which could affect child custody, employment etc.

Contact a lawyer for more detailed and confidential advice.

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