false police reports and lying DA

[runinsilence]

Charged with DV don't know how to proceed

What is the name of your state (only U.S. law)?
Colorado

i need help.
i am currently being charged with domestic violence for sending a text message. the victim and her boyfriend have both lied and said i sent three, and i have proof that there was only one sent(via my phone records), it is my belief that this qualifies as a false police report. in a previous incident i had gone to their home to apologize to the boyfriend for sleeping with his girlfriend, which had resulted in them screaming at me, him pushing her then threatening to stab me, and me being brought into custody for a dangerous blood alcohol level. i had told the police of him pushing her and threatening me, and they did nothing about it. at this time they had told the police that i had only knocked on the door and asked to talk, yet in the moist recent incident they had told the police that at that time i had attempted to break into their house.
it is my belief that the victim feels bad for the outcome of this most recent police report, or is scared of getting charged with lying to an officer. whichever it is she is refusing to talk to the DA or to show up to any of my court dates. On that note, before my last hearing the DA had informed me that she was still unable to contact the victim and had left her a phone message. she then proceeded to tell the judge that she had spoken with the victim, lying to either me or the judge. on top of that she had been a month in giving me my discovery pack, her reasoning that she had needed to hold on to it to study it, and her office assistants hadn't had it to make copies. Yet when i went to speak with her the next day she couldn't answer any questions i had and had been wrong with most of the information in it, things i was able to find within 5 minutes of having it. which leads me to believe that she had not even looked at it, and is trying to prosecute me without even looking at the evidence of the case.
i am now trying to get an attorney with very little luck. so any advice would be a great help to me at this time. i do not want to plead guilty to crime that i have not committed, which is what i believe the DA not only wants me to do, but expects.What is the name of your state (only U.S. law)?

 

[CdwJava]

i need help.
i am currently being charged with domestic violence for sending a text message. the victim and her boyfriend have both lied and said i sent three, and i have proof that there was only one sent(via my phone records), it is my belief that this qualifies as a false police report.

Only if they knowingly and intentionally made a false report to the police. if they contend it came from an alternate number, or swear it came from your number, there may not be a lot that can be done in that area because it is easy to spoof text messages.

whichever it is she is refusing to talk to the DA or to show up to any of my court dates.

Your attorney can have her subpoenaed. If she fails to show, he or she can ask the court to hold her in contempt and compel her appearance. I assume that this is an available practice in your state. If not, then I don't know what you can do to compel her to show.

On that note, before my last hearing the DA had informed me that she was still unable to contact the victim and had left her a phone message. she then proceeded to tell the judge that she had spoken with the victim, lying to either me or the judge.

Lying to you is not actionable. Lying to the court IS actionable. There could be many reasons for the perceived disparity.

What did your defense attorney do about it?

which leads me to believe that she had not even looked at it, and is trying to prosecute me without even looking at the evidence of the case.

That would be an outstanding boon to the defense. You should hope that is the case because it will come out at trial and she will look like a twit to a jury.

i am now trying to get an attorney with very little luck.

Why no luck? If you have too little income or assets, the state will assign you one. If you have the money, then you should be able to hire one without trouble. get one soon, or you could find yourself on your own and that could be very, very bad for you.

 

[runinsilence]

thanks for the reply.

the two had said that all three came from my phone. a while after i sent the text message i had received two rather insulting message from a number i did not know which i responded to. i believe that someone had put their SIM card in her phone in hopes i would respond, then deleted the messages they had sent and switched the cards back.

i have not yet had luck with an attorney because i either cant get a hold of any or they already have a full case load, it has become very distressing seeing that my next court date is on Tuesday. The DA has already asked the judge for 2 continuances the first because she had not yet talked with the victim, the second because she had failed to give me my copy of the discovery. i have not yet asked for one my self, and have said next to nothing in court, because anytime i am asked a question by the judge, for instance if i would like an attorney, the DA jumps in and pretty much answers for me. i am a very nervous person in front of people and have a hard time with these kind of situations. the judge had asked me if this tuesday would be enough time to do what i needed to do, i had assumed at the time that i would be able to find an attorney in the time period allotted so i said yes. i later found out that the DA will not be attending the hearing. If i were to ask the judge for more time to find an attorney given my situation, do you think he would allow it, or would that make things worse? should i file for a public defender on tuesday if i have not yet found an attourney, even if i believe that i make to much money to be allowed one, or is it already too late? if by tuesday i do not have an attourney, should i tell the judge about my beliefs of the DA lying or mention anything about the false police reports or should i wait until i have an attorney?