QUESTION
Should I take a plea if the DA doesn't have any proof?
Asked on Mar 05th, 2013 on Criminal Law - Colorado
More details to this question:
I am charger with misdemeanor domestic violence. I believe there is not enough evidence to convict me. She had a fat lip and a broken tooth due to what must have been her own fault while going crazy in the house. But yet I am charged for it, but there are NO witnesses and it’s my word vs. hers. There is NO evidence that I caused that damage to her, and she actually wants the charges dropped completely. So the DA has absolutely NO PROOF that I was the person to cause that damage. Should I defend this or take the plea?
8 ANSWERS
Michael J. Breczinski
The proof that the DA has is her word. If she is believed beyond a reasonable doubt then you could get convicted. You have to get an attorney and fight it.
Answered on Mar 11th, 2013 at 8:05 PM
John J. Carney
Retain a good criminal lawyer to handle the case. The evidence they have is her supporting deposition that she originally signed to have you arrested. Just because she is now willing to forgive you or lie to help you does not mean the prosecutor will drop the charges or even offer a reduced plea. They may force her to testify or arrest her for making a false police report if she recants her statement.
Answered on Mar 07th, 2013 at 2:14 PM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
Update Your Profile
You should be talking to your attorney about this. If you do not have an attorney, get one.
Answered on Mar 07th, 2013 at 4:19 AM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
I would need more details and an opportunity to assess the demeanor of the various parties, but, judging from what you have presented, I would tend to attempt to defend the case seeking a full dismissal. After all, if you plea you are guilty anyway.
Answered on Mar 07th, 2013 at 4:18 AM
You need to hire a lawyer before you get duped into a plea that you will regret for life. With a DV conviction, you will lose your gun rights for life, and be forced to attend a long and expensive 52-week DV course, not to mention have a criminal record.
Answered on Mar 07th, 2013 at 4:17 AM
Thomas Edward Gates
You are likely to lose. Often the other party wishes not to prosecute, but the courts are well aware of this after the fact motive. The visual evidence will do you in, as well as the police's observations when they came to the house.
Answered on Mar 07th, 2013 at 12:30 AM
Adoptions Attorney serving Lansing, MI
at
Austin Legal Services, PLC
Update Your Profile
Why would you take a plea if you say you're innocent and they have no proof? That doesn't make sense. If you feel that strongly about it, take it to trial and let a jury decide. However, there are some things you need to consider. She has physical damage would is possible evidence of an assault and the have her testimony that you did it. Testimony is evidence so therefore they do have evidence and proof contrary to your claim. Is that enough proof to convince a jury beyond all reasonable doubt? That's a different story, but it could be. You may qualify for a diversion program if you are a first-time offender that could keep the matter off your public record. Discuss the case with an experienced criminal attorney before you make any decisions.
Answered on Mar 07th, 2013 at 12:22 AM
3 Awards
DV can sit on your record forever. It can cause you problems forever. So, it depends on the offer. A broken tooth could be a felony charge with mandatory prison, so you need to discuss this case with an attorney. It may be that you want to take this deal before the DA realizes this. Since I do not know what the offer is, I cannot advise you at all. I have successfully defended many DV cases - lets discuss representation.
Answered on Mar 07th, 2013 at 12:12 AM