Domestic violence cases involve complicated dynamics, not just legally but emotionally and socially. One important aspect in domestic violence cases is the role of the victim and the rights they have throughout the criminal process.
Colorado Victims’ Rights Act: What It Means
The Victim Rights Act gives victims legal rights, including the right to have their voice heard at critical stages of a case. They can have their own attorney separate from the state, participate in hearings, and be notified about court proceedings. The victims’ rights act in Colorado ensures victims have support and input, but it also adds complexity to the case because victims’ wishes very often don’t align with what the defendant is hoping for as an outcome in their case. It can be particularly complicated when a victim wants to drop the charges or recant their statement.
Victim Cooperation in Domestic Violence Cases
You might think a victim’s desire to drop charges would automatically end the case. However, once the state is involved, the decision to dismiss charges rests with the prosecutor, not the victim. This means even if the victim recants or wants the case dismissed, the district attorney can, and often will, continue prosecution if there is sufficient evidence.
What Happens When Victims Recant or Minimize Their Original Claims?
Domestic violence victims often recant or minimize their statements for many reasons, some of them are not healthy such as fear, love, financial dependence, or pressure from their partner. However, it is not uncommon for a victim to want to recant because they exaggerated or completely fabricated the things they have accused their spouse of doing. They want to set the record straight, so to speak. Colorado law acknowledges this by allowing prosecutors to use both the original statement and subsequent changes as evidence. This can actually make it difficult for defendants when a victim changes their story. Sometimes it is better for victims who feel they have not shared accurate information to remain silent about the case.
District Attorney’s Role for Victims and Defendants
The district attorney’s office represents the state, not the victim personally. Victims have the right to their own legal counsel, and defendants need their own separate attorney to protect their interests. If a victim in one of our cases reaches out wanting to get the charges dismissed, we always refer them to other attorneys, because representing both sides would create a conflict.
Contact A Criminal Defense Attorney Near You
If you are facing domestic violence charges, even if your spouse wants to recant their statement, it is very important to speak with a criminal defense attorney who has experience in domestic violence cases. Because of victims’ rights, these cases can get complicated quite quickly. Reach out to us at the Law Office of Rodemer | Kane for a free case evaluation today.