REGARDING CIVIL RESTRAINING ORDERS INVOLVING DOMESTIC ABUSE
REFER TO RESTRAINING ORDERS PAGE

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        Statutory privileged communications under CRS 13-90-107 are limited in domestic violence cases and in cases of child abuse or at-risk adults and at risk juveniles, privileges do not exist.  I advise my domestic violence / abuse clients to rely only upon the attorney - client privilege and not to rely upon the communications privileges of husband - wife, clergy-parishioner, patient - physician, nurse or medical providers, psychiatrist, psychologist, professional counselor, marriage and family therapist, social worker, unlicensed psychotherapist or mental health.  Martell v. County Court of Summit County, 854 P.2d 1327 (Colo. App. 1992) - counseling, People v. Covington, 19 P.3d 15 (Colo. 2001) - CRS 12-36-135 which requires physicians to report and testify in episodes of domestic violence or gunshot wounds, abrogated the privilege.

        My clients are advised not to discuss facts, law or trial strategy in a domestic violence case with anyone other than myself as legal counsel or a private investigator retained as my agent, who is covered by the attorney - client privilege.  Statements to the alleged victim may be grounds for additional criminal charges, even if the alleged victim is your husband or wife.  Should you speak to the victim after entry of a restraining order, prosecutors will file a separate violation of a restraining order misdemeanor case against you.  If no restraining order enters after the statutory 72 hour no contact order, the victim may report that you made the wrong statement, and prosecutors will not hesitate to file intimidation of witness felony charges.  Be very careful what you tell or say to other persons - your statements may be used against you at hearing or trial, and the third person's testimony may be involuntarily compelled by subpoena.  Visitors who are not my clients should consult with your attorney before talking.

When the police call or drop by, don't talk to them.  
Simply say at the outset that you wish to remain silent & want an attorney.

        Emotions run high when arrested for domestic violence. It is scary to be taken involuntarily from your home in the middle of the night, booked into jail, left with little sleep or little food and required to face a judge and prosecutor. There is a tendency to feel a need to immediately get back into what you perceive as the safe harbor of your home.

        Do not contact the alleged victim or violate any restraining order.  Every domestic violence criminal case commences with a statutory injunction restraining defendant during the entire pendency of the case from harassing, molesting, intimidating, retaliating against, or tampering with any witness to or victim of the acts charged. CRS 18-1-1001  The injunction may impose other terms as a condition of release on bond.  It is standard practice for judges to impose a 72 hour no contact order in the injunction.  Other restraining orders may enter pursuant to CRS et. seq.: §§13-14-101, §§14-4-101 to 14-4-105, §§14-10-107, §§14-10-108, §§19-2-707, §§19-3-316, §§19-4-111, C.R.Civ.P. 365

        Once the 72 hour restraining order has elapsed, even if no other injunction has entered, I advise my clients do not return home.  Tell your loved one that counsel has recommended that you have no contact during the pendency of criminal prosecution - lay that emotional burden on the attorney. Physical and emotional distance can not hurt you. Close proximity can hurt you - you may make the alleged victim angry, either wanting to prosecute you in this case or initiate another criminal case or a civil injunction. It's time for some distance.

        Spying on the spouse or significant other is not a plan.  Electronic bugging devices or electronic tracking devices will support a domestic abuse restraining order and felony stalking conviction just as fast as physical stalking.  That likely also applies to computer programs which report activity on the spouse's computer.  I spy ==> I cry.  Generally speaking, the truth will out over time - be patient.  However, if there is a need to quickly determine facts, hire a reputable private investigator.

        You'll notice I placed the warning sections regarding exercise of the right to remain silent and victim no contact at the top of this web page.  It is placed in priority position because each is that important.  Clients want to carry on with their significant other as if nothing has happened - same 'ole / same 'ole.  The fact is, initiation of domestic violence criminal charges changes a defendant's life, and it frequently changes his /her perceptions.  Client conduct is the client's decision, but I can't for the life of me understand why clients put themselves at further risk of criminal defense.  If you are in this circumstance, you figure it out.

        When a criminal suspect voluntarily gives permission for police or law enforcement to search, items found in that search will likely be admissible as evidence.  Conversely, searches without a warrant are presumed unlawful with some exceptions.  Evidence found as a result of an unlawful search may be suppressed (excluded from admission) as a fruit of the poisonous tree.

        Every citizen has the constitutional right to be free from unreasonable search and seizure.  Never consent to a search or seizure without advice of legal counsel.  Let law enforcement procure a warrant or face possible constitutional challenge to the evidence.

        Similarly, no other rights should be waived by any criminal suspect or defendant without advice from counsel.  If you aren't certain what your rights are at the time of the police request, simply say no - I need to speak to an attorney.

        Defense attorneys frequently see the police report phrase: "suspect was cooperative."  Law enforcement officers will do what they will do regardless of your cooperation - it won't help and may likely hurt your court case defense.  This attorney advises clients to remain silent and be courteous, calm and in control of your emotions.  Politely decline any police requests, making the statement you need to consult with legal counsel before giving a response, and request presence of an attorney.  You have the right to presence of and advice of defense counsel.  Exercise your rights.

        Since you're here, chances are you were booked into jail and have bonded, or alternatively you have a loved one currently sitting in jail shortly after an arrest.  You are likely familiar with the beginnings of the domestic violence "fast track" procedure - arrest and hold for court advisement.  Pending trial, the fasted way to get out of jail is to procure a bail bond.

Notice the order in which the beginning of this web page is laid out.
        1.  Keep your mouth shut - exercise your rights to remain silent and presence of counsel.
                    Make no statements to anyone other than counsel.
        2.  Temporarily move out and have no contact - get some distance between you and the alleged victim.
        3.  Bail bond - how to obtain your freedom pending trial.  
                    Freedom pending trial is an immediacy to most people, but ranked 3rd on this list.

The order was intentional.  Domestic violence cases have very serious, long term consequences.  Clients frequently ignore this advice saying:  "That doesn't apply to me."  Clients frequently regret their decisions.  

Warning given - take heed.

        If you are looking at this page, you or a loved one has likely been charged with a crime which is classified as domestic violence. Domestic violence is not a charge against a defendant, nor a crime at all. It is a sentencing enhancer that affects sanctions which may be imposed.

CRS 18-6-800.3  Definitions. Criminal Law

        (1) "Domestic violence" means an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. "Domestic violence" also includes any other crime against a person or against property or any municipal ordinance violation against a person or against property, when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship.

        (2) "Intimate relationship" means a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time.

The underlying crime(s) alleged may be misdemeanor or felony.

        a. Misdemeanor offenses are tried in county court; the maximum number of jurors you may have is 6. If convicted, the court's maximum sentencing jurisdiction is 2 years county jail and $5,000 fine. If granted probation, other conditions reasonably related to rehabilitation may be imposed; usually domestic violence classes or therapy, or anger management classes.

        b. Felony offenses are tried in district court; the maximum number of jurors you may have is 12. District court has no per se jurisdictional limitation on prison term or fine as exists for county court.  District court limitations in felony sentencing are set by the statute of the offense convicted or the class of felony convicted and the sentencing statutes.  Felony classes range from F-1 being the most serious to F-6 being the least serious.  Incarceration is to the Colorado Department of Corrections (prison - penitentiary). If granted probation, other conditions reasonably related to rehabilitation may be imposed; usually domestic violence classes or therapy, or anger management classes. Supervised probation is more likely in felony cases than misdemeanor.

CRS 18-6-801.5(7) conversion of misdemeanor to felony
habitual domestic violence offender

if a defendant is convicted of a misdemeanor domestic violence crime and 

has three times previously been convicted of prior domestic violence crimes

prosecutors may apply for adjudication as habitual domestic violence offender

defendant shall be sentenced pursuant to the presumptive ranges set forth in CRS 18-1.3-401 for a class 5 felony (F-5)

Note: In the information or indictment (charging document), prosecutors must set forth the former convictions and judgments - notice of felony prosecution must be given.

        I have included an abbreviated summary of statutes regarding criminal sentencing.  It is not intended to be all inclusive, however does contain a summary of basic information pertaining to a range of relevant sentencing penalties.  You may determine the class of felony or misdemeanor charged against you from the Domestic Violence Offenses page and locate the sentencing range below. 
        Refer to the Sentencing page for a summary.
                Sentencing - Felony
                Sentencing - Misdemeanor

        I have included an abbreviated summary of statutes regarding several offenses commonly charged in domestic violence criminal cases.  It is not intended to be all inclusive, this website contains external links where you may read the statutes verbatim.  You may wish to review the particular charges pending against you.  Refer to the Domestic Violence Offenses page for a summary of offenses and CRS link to read the statutes.

General Concepts

        a. Statute of Limitations. After a criminal violation, the state may only bring criminal charges for a limited time. For most crimes, the statute of limitations is as follows: Misdemeanors - 18 months. Felonies - 3 years. CRS 16-5-401  Refer to the above link for more detailed information.  Once a person has been arrested or given a summons and complaint, the statute of limitations no longer applies. In most domestic violence cases, the arrest occurs shortly after the alleged criminal act, thus negating the statute of limitations. If you fail to appear for court, a warrant is issued to preserve the court's jurisdiction. The statute of limitations does not then apply.  

        b. Speedy Trial. Once a plea of not guilty is entered, the court must hold your trial within 6 months or dismiss the case. We are all entitled to resolution of criminal charges. Given fast track settings, this will not likely apply in domestic violence cases. If you fail to appear for court, a warrant is issued to preserve the court's jurisdiction; speedy trial does not apply.  Refer to the above link for more detailed information.

Classification
Special Treatment for Domestic Violence Crimes

        A crime of domestic violence is treated differently than the same crime allegedly committed against a stranger. Fast track, CBI central registry reporting, employment limitations and weapon possession or ownership are major differences. Many people think the O.J. Simpson case in California was the impetus for domestic violence harsh prosecution as it now exists. In fact, the movement got underway and coalitions were formed in the mid 1980's - long before Simpson.

        FAST TRACK. The El Paso County District Attorney's Office worked for several years with surrounding area law enforcement agencies, hospitals, mental health professionals and T*E*S*S*A (fka the Center for Prevention of Domestic Violence) to establish a system to rapidly prosecute domestic violence cases. Visit their website -  DIVERT Partners - pretty impressive list of adversaries against each individual domestic violence defendant.  The local court also established "fast track" procedures which dovetail.  "Fast track" common circumstances are indicated below.  

        a. In most cases, the altercation or argument which underlies the criminal charge(s) occurs late at night or in the early morning hours. Law enforcement are called on scene by yourself, your significant other, or a neighbor. Law enforcement will come even if you call but never speak (911 traps all phone numbers, including non-published.) One or both of you will likely be charged with a crime under state policy; police will arrest regardless of your desires or your spouse's desires. Law enforcement will arrest on the basis of the alleged victim's statement alone - law enforcement officers arrest with no physical injury or supporting evidence.

        b. When arrested, the suspect (defendant) will be held in jail overnight without bond until he or she can be advised by the court of a statutory temporary 72 hour restraining order prohibiting contact with the alleged victim, return to the residence or return to the victim's place of employment. CRS 18-1-1001   Pending advisement, bail bond is not permitted.  I believe that is a violation of constitutional rights, but not yet tested in the Colorado appellate courts.

        c. After booking in the early morning hours, the suspect barely drops off to sleep before the personal recognizance bond eligibility investigator arrives. The defendant may miss breakfast. The suspect is taken to the courthouse for advisement in the early afternoon.

        d.     The alleged victim is brought in to the prosecutor's office at approximately 9 am for a conference to determine the facts, document evidence and provide input regarding punishment he or she would like to see imposed. The alleged victim does not have the ability to withdraw criminal proceedings.  If uncooperative, the alleged victim is confronted with impeachment by statements he or she made which are contained in police reports (sometimes inaccurately recorded or embellished by investigating officers), mandatory court appearance by subpoena (non-appearance punishable by jail) and the possibility of being treated as an adverse or hostile witness by prosecutors.  

        e. During the morning hours following the offense, prosecutors receive the victim's statement, witnesses statements, police reports, photographs, medical reports or other evidence.. In court it may appear to a lay person that the state has its case together in an iron clad fashion.

        f. After being shown a movie concerning rights, the defendant is taken into a courtroom in handcuffs (possibly leg irons also) and placed in the jury box, isolated from family or support who may be sitting in the gallery. Subsequent to court advisement, while still cuffed, the prosecutor may stand or hover over the defendant while negotiating. If occurring, this skews the power structure even further.

        i. If a defendant pleads not guilty, a trial date is scheduled in 60 days or sooner with a trial readiness hearing set in less time. Hopefully you didn't waive your jury trial right.

        j. Defendant bonds out in the late afternoon or early evening hours.

        k.  Each of the above circumstances have existed in cases I personally have defended.  It happens.

Amendment of Charges

        Regardless of the charges initiated on a summons and complaint by a law enforcement officer, the District Attorney's Office ultimately has total authority to charge, amend or dismiss. Any one of the following actions will likely result in charges..

                a. You block your spouse's path of exit or movement (frequently standing in a doorway or in front of your spouse)
                b. You shove or touch your spouse in anger
                c. You throw items in anger or break property
                        even your own property
                d. You threaten your spouse
                e. You argue with your spouse and swear
                f. You repeatedly insult, taunt or challenge your spouse or communicate using offensively coarse language a manner likely to provoke a violent or disorderly response (in other words, your argue vehemently or are vulgar
                g. You are ordered not to contact your spouse and you later do
                        That includes a phone call to see if he / she is ok
                        Yes, I've defended that too when a client didn't take my no contact advice
                h. Without consent, you listen in on your spouse's conversations or tape record your spouse's conversations (felony punishable in the state penitentiary)
                i. You hang up the phone or pull the cord from the wall when your spouse is attempting to place a call
                j.  Refer to the Domestic Violence Offenses page for a summary of offenses frequently charged.

Prosecution Preparation

        a. Prior Bad Acts. Prosecutors will attempt to introduce prior transactions (domestic violence or abuse incidents). By law, prosecutors must provide you notice by filing a notice of intent to introduce similar transactions and state the purpose of the evidence. They usually cite common plan, scheme or design, motive, modus operandi, lack of mistake, knowledge or evidence to negate an affirmative defense you may claim such as self-defense. The defendant may file an objection, in which case a hearing is held outside the presence of the jury to determine admissibility. That's a court fight with important effect on the potential outcome of your trial. When deciding guilt, you do not want a jury to hear this type of evidence. Although the jury would be instructed of the limited purpose for which they may consider the evidence, human tendency may be to subconsciously think... bad actor - did it before - did it again.

        b. Cycle of Domestic Violence. Prosecutors will likely endorse an expert to testify regarding the cycle of violence and symptomology. That type of evidence may be the subject of dispute.

        c. Improper Testimony Inducement - 
                Threat to Prosecute Recanting Alleged Victim
 
                1.  In cases where I did not represent the DV defendant, alleged victims who wished to retract have called seeking advice for themselves.  Such alleged victims have informed me they have been intimidated by local prosecutors who stated that if the alleged victim recants (denied the DV allegation), he / she (alleged victim) would be charged with false reporting to authorities, a Class 3 Misdemeanor.  CRS 18-8-111 or perjury.  Perjury in the first degree is a Class 4 Felony.  Perjury in the second degree is a Class 1 Misdemeanor.  False Swearing is a Class 1 Petty Offense.  
 
                2.  Attorney comment..

        In 1997 my investigator obtained an admission on tape from an alleged victim that she had reported false allegations against my client (former boyfriend); that my client had not been present at the alleged location on the alleged date or time.  She freely admitted the charges were initiated to please her current boyfriend who was jealous of my client.  The circumstances of false reporting were credible and had the indicia of reliability.  The tape was offered on a silver platter to the El Paso County DA Office for prosecution.  DA Office management declined to prosecute, indicating as a policy determination there were simply inadequate resources to prosecute initial allegations plus subsequent recants, and if the DA Office prosecuted this case, they would have to prosecute all recants.
        On July 31, 2003 counsel confirmed with the chief prosecutor the policy of the El Paso County DA Office has been and remains to call the alleged victim to the witness stand, then put on expert testimony regarding the cycle of domestic violence to discredit the victim witness' recant.  The chief prosecutor was adamant that the prosecution's policy not to file criminal charges against the recanting alleged victim would remain unchanged while he is management.  This is based upon tragic circumstances of a former case.  The county court chief prosecutor referenced above has been promoted and is no longer involved in county court domestic violence prosecutions.  Policy may have changed.
        If the El Paso County DA Office in fact has a no prosecution policy, yet subordinate, individual deputy district attorneys are threatening prosecution of the alleged victim to obtain testimonial evidence, that may be prosecutorial misconduct which may support dismissal motion, motion for a special prosecutor, could affect an appeal, could be misconduct which may subject the individual deputy prosecutor to disciplinary proceedings - C.R.P.C. §§ 3.4(b), 4.1(a), 4.4, 8.3(a) - and may constitute extortion - a class 4 felony (F-4), CRS 18-3-207.  Tell your defense attorney if prosecutors or law enforcement officers have made threats of criminal prosecution to the alleged victim in order to induce testimony.
        This attorney has never seen a prosecution for false reporting or recant perjury, but who knows what charges may be brought by zealous prosecutors.
        Refer to Affirmative Defense- Perjury - Retraction .

Defense Preparation

        a. Motions. 
            1.  Defense counsel frequently files a discovery motion to learn the facts alleged in the prosecution's case. Counsel may also a motion to suppress alleging the defendant's rights were violated, claiming evidence which is fruit of the poisonous tree should be suppressed (excluded). Motion in limine may be filed alleging evidentiary exclusion on other than constitutional .grounds. If relevant, your attorney may also file a motion to gain access to medical, mental health or other confidential records of the alleged victim or if relevant, to require psychiatric or psychological evaluation of the alleged victim. Access to confidential records or victim evaluation is not standard procedure. You must be present in Court for motion hearings.
            2.  We are all human - periodically the law enforcement officer(s) make(s) an error charging the offense(s).  Some errors are sufficient to deprive the court of jurisdiction to hear the case.  If an error exists, it may be worth making a big ta-do because it may result in dismissal or a more favorable plea offer.

        b. Victim Prior Bad Acts or Aggression. Refer to link for information.

        c. Victim or Witness Credibility for Truth. Credibility of an alleged victim or witness may be impeached by testimony of reputation in the community for truth or veracity. Specific instances of lying are not admissible except on cross examination regarding inconsistent statements made in the course of this case or relevant to this case.

        d. Private Investigation. You should not discuss this case with any witness or the alleged victim. Prosecutors will not hesitate to file intimidation of witness felony charges. I request a trust deposit to cover expenses for a private investigator.  Witness statements should be taken from any law enforcement, medical or paramedic or lay witnesses who may testify. A transcript of the witness' statement is useful in trial preparation, as well as for impeachment purpose at trial or hearing. Counsel can not testify in any case in which representation is provided. It is also common for the investigator to photograph the scene. An investigator looks for all evidence - favorable and unfavorable. Your attorney does not wish to be surprised at trial.

        e. Subpoena or Subpoena Duces Tecum. A subpoena is a document which requires attendance at hearing or trial and attendance. A subpoena duces tecum requires someone to appear and produce a specified document or item of evidence. Your witnesses will generally be given a subpoena to appear. Law enforcement 911 and dispatch call screens (aka computer assisted dispatch - CAD) will likely be placed under subpoena duces tecum. Your attorney may issue others for production of evidence from any agency, medical provider or person. I utilize the services of a reputable private process server.

        f. Endorsements and Jury Instructions. Your attorney will likely file the following documents in preparation for trial: witness endorsement, exhibit endorsement, theory of defense endorsement, affirmative defense endorsement (if relevant) and jury instructions.  Defendant in a criminal case is entitled to an instruction based on his theory o defense so long as the tendered instruction is in proper form and based upon evidence in the record. People v. Jones, 635 P.2d 904 (Colo. App. 1981).

Trial

        At a trial, your guilt or innocence will be determined, and it must be decided unanimously. If charged with misdemeanor, you have the right to a trial by jury of six (6) persons, or to the judge alone. Felony gives right to a twelve (12) person jury, or court trial. The right to trial by jury should never be given up without advice of counsel; it is an important right. At trial, the prosecution must prove each and every element of the crime(s) charged beyond a reasonable doubt. You are presumed innocent unless and until the prosecution proves you guilty. You may remain silent, or you may testify if you choose. You may call witnesses and make them come to court by subpoena. You may confront and cross-examine witnesses against you. This will be a criminal trial with all rights attached. If you are found not guilty, the case is concluded. If you are found guilty of any charge, including a lesser charge, the case is set for sentencing. You must be present in court for a trial or a sentencing hearing.

Assessment or Evaluation for Sentencing

        An assessment or evaluation is conducted by one of the treatment agencies before sentencing to determine the extent (if any) of domestic violence / anger in your life, and your history. A report is made to the court.  The Court is free to accept or reject the recommendations when imposing the sentence. At sentencing, the Court has the options of imposing a fine, court costs, jail, domestic violence counseling classes or therapy, anger management classes or therapy, marital counseling, alcohol or drug education or therapy, public service, alcohol anonymous meetings, or any other condition reasonably related to rehabilitation. You must be present in court for sentencing.

Sentencing

        Each case is different; judges impose sentence based upon the facts of each case. In El Paso County, jail can be but is not usually imposed on a first misdemeanor offense if the case is properly presented and the facts are not aggravated. On a second misdemeanor offense, it is common for a sentence of 30+ days jail to be imposed. A third misdemeanor offense can draw 4-9 months jail. However, bear in mind these are generalizations, and may change in any case based upon the facts and circumstances surrounding the case. Felonies are more serious, much more so if crime of violence is charged against you. 
    Misdemeanor Cases - Jail Sentence
    a.    You may qualify for work release.  That means you would be released from custody in time to go to work and would be due back to the detention facility shortly after finishing work.
            1.  You must provide a letter on company letterhead verifying days and hours of employment.
            2.  The local jail (CJC) has a maximum release policy - 12 hours per day, 6 days per week.  COMCOR work release facility did not have a maximum release policy the last I checked.
            3.  To verify your employment status you must be available by land line telephone - not cell phone.
            4.  To be able to drive to and from work, you must provide a current driving record reflecting valid driving privileges plus insurance currently in effect.
            5.  The cost is approximately $15 per day.
    b.    You may qualify for home detention - also known as ankle bracelet.  Courts have generally left ankle bracelet determination to the sheriff's office or COMCOR, but that is changing with jailhouse overcrowding due to DUI first offense mandatory jail sentences and some judges are imposing direct sentences to home detention.
    c.    You may qualify for day reporting.  That means you would report between 1 - 5 times per week to an agency which monitors your compliance with conditions of probation and may request random breath, blood or urine samples to check for alcohol or drugs.
            1.  To verify your employment status you must be available by land line telephone - not cell phone.
            2.  To be able to drive to and from work, you must provide a current driving record reflecting valid driving privileges plus insurance currently in effect.
            3.  The cost is approximately $6 per day report.
    d.    The El Paso County DA Office has taken a posture in misdemeanor cases that second offenders should spend at least 30-60 days straight jail time or 1.5 - 2 times the number of days with work release or some other combination with day reporting.  Based upon the shift in El Paso County DA Office settlement policy to imposition of straight jail without work release, this attorney believes settlement negotiations are no longer worthwhile in any misdemeanor case unless conducted within the context of motion and trial settings.  This is unfortunate as trial posture increases fees and costs, but unavoidable based upon El Paso County DA Office policy.

Client's Preparation for Sentencing

        If you plead guilty to or are found guilty of a domestic violence crime, you will be ordered to commence domestic abuse counseling classes or therapy. Please refer to the Domestic Violence Classes page for a summary list of state certified classes in the local area regarding domestic violence and anger management.

        Although useful public service or alcohol education may likely not be ordered, agency or class information can be found at the links.

        If alcohol or drugs have been problematic in your relationship for either yourself or your significant other, don't hesitate to contact a relevant agency for assistance - refer to Remedial Quick Links.  If you have been the spouse of a substance abuser, seek support for yourself - stop attempting to modify your spouse's behavior. Support is available.

    If a defendant has an alcohol or drug problem, he / she  should also immediately commence attending at least 1 AA or NA meeting per week. Support is available.  Refer to Remedial Links. and Completion Certificate Forms.

QUICK SENTENCING GRID   CRS 18-1.3-401 Felony and CRS 18-1.3-501 Misdemeanor

        Given the El Paso County DA Office fast track policies, your defense attorney's role in domestic violence cases is trial attorney, not negotiator.  To learn the facts from your viewpoint, the attorney will discuss the facts of your case with you.  The factual interview frequently takes 1 - 3 hours.  To learn of evidence of which you may not be aware, I will investigate your case prior to trial

        Your case will be investigated and prepared for trial. During investigation in the criminal case:
                a.  Counsel looks for evidence
                                1.    exculpatory.  tends to negate guilt or to reduce punishment
                                2.    inculpatory.   tends to establish or support guilt or to increase punishment
                b.  Defense counsel uses a private investigator to uncover facts and potential testimony - both favorable and unfavorable.  
                c.  Being detached and uninvolved, defense counsel can then sift through the information with an unconvoluted and clear mind looking for patterns, defenses or persuasive arguments and devise a trial strategy.

        Plea negotiations are impacted by evidentiary or legal weaknesses. If a favorable settlement offer is made, it is usually on the eve of trial or as the jury panel is being brought to the courtroom from the jury commissioner.  Chances are very slim that domestic violence cases will settle within parameters acceptable to the client unless it is not problematic for you that records reflecting that you are a convicted spouse abuser will be retained and will be available:
                a.   potential subsequent use against you in the event of future domestic violence allegations
                b.   guaranteed impact upon your civil liberties, such as weapon ownership
                c.   potential impact upon future educational or employment opportunities
                d.   don't expect negotiation to disposition - jury trial is likely

        Judges want opposing counsel to communicate in order that docket time can be avoided in cases which may settle.  After litigation preparation and without expectation in a domestic violence case, this attorney usually calls or emails the prosecutor to inquire of any final plea offer.  Unless it appears the state may have pigeon-holed their case and state agents have forgotten to prepare, it doesn't hurt to communicate with opposing counsel.  At any time a settlement offer is received, the client is advised of the offer, facts, applicable law, consequences and options in order that he / she may make intelligent decisions.  It is the client's case and consequences, therefore he / she must always be able to decide freely, voluntarily and intelligently.  Counsel may make recommendations, but the client's decision regarding settlement offer acceptance or rejection is always honored.  If the client rejects a plea offer, counsel again takes control of the case regarding trial strategy and presentation.

        Where relevant, I utilize the services of independent professionals.  Rates of independent providers of professional services change periodically and billings are not controlled by counsel.

        If retained by counsel as an agent of the attorney, such independent service providers are bound by the attorney-client privilege.  If retained privately by the client, no such agency or confidentiality exists.