When law enforcement responds to a domestic disturbance and both individuals accuse each other of being the aggressor, determining what actually happened can be complicated. In some cases, both parties are arrested, each providing a different account of the incident.
But an arrest is not proof of guilt. And when two people provide conflicting accounts, the prosecution still has to determine whether it has sufficient admissible evidence to prove the criminal allegations.
Recently, I represented a client in a Colorado domestic violence case involving precisely this situation. Both individuals had been arrested, both accused the other of initiating the confrontation, and both alleged property damage.
After carefully evaluating the evidence and presenting the weaknesses in the prosecution's case to the District Attorney, I was able to demonstrate why the allegations against my client could not be successfully prosecuted.
The result? The case against my client was ultimately dismissed.
When Both Parties Accuse Each Other, Who Is Telling the Truth?
One of the challenges in domestic violence cases is that the initial police report does not necessarily tell the entire story.
In this particular case, both individuals accused the other of being the initial aggressor. Each presented a different version of what had occurred, and each alleged that the other had damaged property.
My client maintained that the other individual was responsible for initiating the confrontation.
Rather than simply relying on my client's account, I focused on examining the evidence and identifying the inconsistencies that undermined the allegations against my client.
Examining the Evidence Beyond the Police Report
An effective criminal defense requires more than reviewing the allegations and accepting them at face value. It requires asking difficult questions:
- Are the statements made by the complaining witness consistent?
- Is there physical evidence supporting either person's account?
- Has the alleged electronic evidence actually been produced?
- Did the accused make any admissions?
- Can the prosecution present admissible testimony to support its allegations?
In this case, several important facts worked in my client's favor.
1. My client made no admissions.
There were no incriminating admissions by my client that could be used to establish the prosecution's version of events.
2. The other party made inconsistent statements.
The other individual's statements contained inconsistencies that raised serious questions about the reliability of their account. Those inconsistencies were particularly important because the other party's allegations were central to the prosecution's case.
3. Promised electronic evidence was never produced.
The other individual indicated that electronic evidence existed that would supposedly support their allegations. However, that evidence was never produced.
There is a significant difference between claiming that evidence exists and actually producing evidence that can be examined and potentially introduced in court.
4. My client had physical injuries inconsistent with the allegations.
Perhaps most importantly, my client had physical injuries that did not align with the other individual's description of what had happened.
Those injuries provided an objective piece of evidence that challenged the credibility of the other party's account.
When these circumstances were considered together, the prosecution faced substantial problems in attempting to establish what had actually occurred.
The Fifth Amendment Presented Another Significant Problem
There was another important consideration in this case.
The other individual had also been arrested and was facing potential criminal charges arising from the same incident.
That created a potential problem for the prosecution if it intended to rely on that individual as a witness against my client.
Because the other individual faced potential criminal exposure, there was a legitimate concern that they could invoke their Fifth Amendment privilege against self-incrimination if called to testify and asked questions that could incriminate them.
This is an important distinction in criminal cases. A person who accuses someone else of a crime may also have their own criminal exposure. Their willingness and ability to testify cannot simply be assumed.
The Fifth Amendment does not automatically prevent a witness from testifying. However, when a witness faces their own pending criminal case, the potential invocation of that privilege can create significant evidentiary and strategic complications.
The prosecution must evaluate what evidence and testimony will actually be available at trial.
Presenting the Case to the District Attorney
After reviewing the evidence, I presented my analysis directly to the District Attorney.
I explained that my client had made no admissions, that the other individual's statements were inconsistent, that the electronic evidence they claimed existed had never been produced, and that my client's physical injuries were inconsistent with the other party's description of the incident.
I also addressed the potential Fifth Amendment issues involving the other individual and the difficulty the prosecution could face if it attempted to rely on that person's testimony.
My argument was straightforward: When the evidence was examined as a whole, the prosecution would have substantial difficulty establishing a prima facie case against my client.
It was not enough that someone had made an accusation or that an arrest had occurred. The prosecution needed evidence that could actually support the criminal charges in court.
Ultimately, the District Attorney agreed that the case should not proceed, and the charges against my client were dismissed.
Why Experienced Criminal Defense Representation Matters
This case demonstrates why it is so important to thoroughly investigate domestic violence allegations rather than simply accepting the initial police report as the final version of events.
When both parties are arrested, there may be competing accounts, inconsistent statements, missing evidence, physical injuries, and constitutional issues that significantly affect the prosecution's ability to move forward.
A criminal defense attorney must be willing to look beyond the surface of the allegations, identify weaknesses in the evidence, understand the applicable rules of evidence, and effectively communicate those issues to the prosecutor.
Sometimes the most important work a criminal defense attorney does happens before a case ever reaches trial.
In this case, a careful examination of the evidence and direct advocacy with the District Attorney resulted in the dismissal of the charges against my client.
At Black, Blink and Associates, LLC, we believe that every criminal allegation deserves careful scrutiny and that every client deserves a defense that takes the facts and evidence seriously.
If you have been arrested or charged with domestic violence in Colorado, do not assume that the allegations tell the whole story. The evidence matters. Contact Black, Blink and Associates, LLC to discuss your situation and your legal options.
Clifton Black is a founding partner of Black, Blink and Associates, LLC, and represents individuals facing criminal charges in Colorado.
