Stuart & Ward LLP obtained a dismissal of domestic violence charges one day before the case was scheduled for trial. The prosecution moved to dismiss after nearly a year of litigation, during which the firm secured a partial victory on a motion to suppress the client’s statements.
A Case Built Over a Year, Not a Week
The dismissal was the result of sustained work rather than a single hearing. Over the course of the litigation, the defense filed and argued motions challenging the admissibility of the client’s statements, and prevailed in part. That ruling narrowed what the prosecution could put in front of a jury.
By the time the trial date arrived, the case the state had planned to try was no longer the case it had charged. The prosecution dismissed rather than proceed.
Why Motions Practice Matters in Domestic Violence Cases
Colorado treats domestic violence as a sentence enhancer attached to an underlying offense rather than a standalone charge, and the consequences begin immediately. A mandatory protection order issues at first appearance. Many defendants face removal from their homes and restrictions on contact with family before any evidence has been tested.
The pressure to resolve these cases quickly is real, and it comes from every direction. But a plea in a domestic violence matter carries consequences that outlast the sentence, including a permanent record, firearm prohibitions under federal law, and effects on employment, housing, and professional licensing.
This matter came to the firm after prior counsel had recommended accepting a plea offer that would have significantly limited the client’s future employment. No motions had been filed. The defense that produced this dismissal started with the work that had not yet been done: testing the admissibility of the statements and preparing the case to actually be tried.
Trial-Ready Defense
A prosecutor evaluating a case weighs what they can prove and who they are facing. A case that has been investigated, motioned, and prepared for trial changes that calculation. Most matters still resolve short of a jury, but they resolve on different terms.
If you are facing domestic violence charges in Colorado, call (303) 832-8888 or learn more about our domestic violence defense practice.
Past results do not guarantee a particular outcome in any future matter. Every case turns on its own facts.