QUESTION

What can be done after I pushed an ABCA employee and I was charged with battery and obstructing?

Asked on May 29th, 2013 on Criminal Law - Colorado
More details to this question:
On March 23rd at closing time there were two women and a man who forced their way through the door with no identification showing about thirty minutes prior. I had trouble trying to get two female customers to leave I was behind the bar trying to close out the credit card machine so I could pay my employees out so they could leave when I hear the door man saying were closed three times and the women put her hands on the doorman and was pushing him back. The door man then yelled for another contractor to come. I was behind the other contractor and we got there simultaneously and I pushed the women toward the door and stated that we were closed not until then. The man pulled out his badge and revealed he was a state trooper and the women were ABCA agents. They showed no identification until after I had pushed her. I have had a liquor license for five years and have never had any violations. If I knew it was a state trooper and ABCA agents, I would have not had a problem with them entering. I thought it was the same lady I had trouble with earlier. I was arrested and charged with battery and obstructing. I went to a preliminary hearing and they are pushing for the maximum penalty a year jail time on each misdemeanor or six months home confinement. I am 42 years old and I have never been in any trouble. I have never even gotten a ticket in my life. Before they took me to jail and once I realized that I had made a mistake, I apologized repeatedly to the lady but she wasn't letting me explain what had happened. She just kept threatening me by saying she was taking this as high as she had to and make sure I was done. I even called the next day and left her a message telling her that I was sorry. The next step is going to a jury trial and I am scared to death.
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4 ANSWERS

Michael J. Breczinski
They did not identify themselves and tried to force their way in at closing time. You have a right to bar people from coming in at that time. Go to trial and fight the charges.
Answered on Jun 03rd, 2013 at 12:59 PM

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You need to hire a good lawyer.
Answered on Jun 03rd, 2013 at 12:59 PM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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If you are in the stage of proceeding that you are, you probably, at minimum, have a public defender. If not, hire an attorney to help you, and listen to their advice as they would know more about your case than I would.
Answered on May 31st, 2013 at 2:02 AM

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Domestic Violence Attorney serving Denver, CO
Partner at 5280 Law Group
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You should retain the best criminal attorney that you can afford. You cannot explain or try to mitigate what happened to the DA or court, neither will listen to you. As a general rule, call about 3 or 4 attorneys and go with the one that makes you feel comfortable.
Answered on May 30th, 2013 at 12:41 PM

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