I am a victim being prosecuted in a DV case!

[jeffperkinstech]

What is the name of your state? CO

Does the State of Colorado have the right to continue prosecuting a Violation of Protection Order after the so-called 'victim' has told them they do not want charges pressed and refuses to show-up or cooperate with the DA's office or can I have the case dismissed because the State can not be the injured party in this instance?

Also are there any rules about gathering a statement from a suspect using a false claim of evidence that is non-existant?

I would be willing to answer any and all questions regaurding this case. To give you just the overview I was beaten and my car dammaged but I am facing DV charges and then after our release (which we were both given Orders of Protection by the state because she was also charged with DV) I have been constantly harassed and threatened and when I called the police they said there was nothing they could do, but when someone else called the police they arrested me and I have been given new charges and I NEVER knowingly contacted her in any way shape or form!

I have absolutely no money and I am in desperate need of help! Can anyone assist me?

 

[CdwJava]

Does the State of Colorado have the right to continue prosecuting a Violation of Protection Order after the so-called 'victim' has told them they do not want charges pressed and refuses to show-up or cooperate with the DA's office or can I have the case dismissed because the State can not be the injured party in this instance?

The state has absolute discretion for prosecution. The victim can cooperate or not. If there is evidence of the crime, they don't NEED the victim to testify.

In more than 75% of all DV cases, the victim recants or refuses to assist the prosecution. The state understands that and is set up to deal with that.

And in the case of the PO the state IS the victim! You violated the order of the court! You disobeyed the judge! So they do not even NEED the victim to testify if there is any other evidence at all that you violated the order.

Also are there any rules about gathering a statement from a suspect using a false claim of evidence that is non-existant?

Yeah - it's called a ruse or a bluff, and it is perfectly legal. The standard would be if the ruse or inducement was such that an innocent man would confess to a crime he did not commit. But if they said they had a neighbor see you inside the home in violation of the order, and you hung your head and said, "Yeah, that was me," then that is perfectly okey-dokey.

I have been constantly harassed and threatened and when I called the police they said there was nothing they could do, but when someone else called the police they arrested me and I have been given new charges and I NEVER knowingly contacted her in any way shape or form!

WHO has been harassing you? Her?

Apparently a third party called and corroborated an account of you violating the order. Maybe in your case you said she did, and she said she didn't. But when you were alleged to violate the order "someone else" called.

The state will appoint you an attorney if you cannot afford one.

- Carl