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

Q: Are police officers required to report monetary gain for a reporting victim?

My ex has falsely reported me for DV several times. After I was charged and some cases convicted she filed for Spousal Transitional Compensation through the military. This is a payout of over $100,000 over a three year period and free healthcare.

2 Lawyer Answers
Sean P. Harrell
Sean P. Harrell
Answered
  • Criminal Law Lawyer
  • Fort Collins, CO
  • Licensed in Colorado

A: A benefit to the named victim in a case for filing an allegation against you would be considered a possible motive to lie. This information, particularly if known by the government, should be discovered to the defense.

Each case and scenario must be reviewed individually in relation to current case law, statutes and rules of criminal procedure.

Hope this is helpful.

Sincerely,

Sean Harrell

970-658-0007

Sean Maye agrees with this answer

Sean Maye
Sean Maye
Answered
  • Criminal Law Lawyer
  • Denver, CO
  • Licensed in Colorado

A: The police are not obligated to report this necessarily, but the DA's have a good-faith obligation to consider all inculpatory and exculpatory evidence in a criminal case - so they would be obligated to "consider" what you've presented here. In my experience, this won't result in a dismissal necessarily but it certainly gives you plenty of fodder for defending yourself at trial. That is, as Mr. Harrell noted, there are plenty of motives to lie inherent in someone's motive for financial gain.

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