In previous blogs, we have discussed how easy it is to be charged with Domestic Violence – C.R.S. 18-6-800.3, and how it is a label which can be attached to any crime. There is a trend in Denver, Adams, and Jefferson County courts these past few years. The ploy used by District Attorneys is to rush criminal cases which involve Domestic Violence (DV) allegations. This maneuver, called “Fast Track,” means a person who has been charged with DV will be brought before a judge quickly. A plea bargain will be offered to the defendant while still in custody, in exchange for avoiding jail time. This is to catch defendants off guard, before they have time to hire a criminal defense attorney or get out of jail and think things over carefully. By rushing the defendant through the system, they circumnavigate the 6th Amendment of the Constitution – a person's right to counsel. This is a dangerous violation of our rights and freedom.

Why Is the Fast Track Strategy Used?

The case load (called a Docket) for each court has grown over the years across Colorado, in Arapahoe, Douglas, and Larimer County. With the increase in cases, the court must keep numbers down. This is why the Fast Track maneuver is utilized. If they can get someone to accept a plea bargain before they consult with an attorney, they will avoid having to go to court. This is because an experienced criminal defense attorney won't simply accept a plea bargain – he'll want to review the police reports and see discovery. We often interview key witnesses and hire investigators to dig for the truth. Because this thoroughness takes time, the court's docket grows.

Why We Believe the Fast Track Approach is Wrong

As criminal defense lawyers in Denver, Thornton and Centennial, we see the Fast Track approach as a way for the government to take advantage of people while they are vulnerable, confused, and scared. This is wrong. When someone is arrested, they are in a panic – they usually have not been arrested before, and will do anything to get out of jail. They don't have a lawyer to advise them. They don't have time to sit in jail. They are good people with jobs and families to feed. Usually, Fast Track defendants go before a judge within 24 hours of their arrest. After this, the DA proposes a plea deal in order to resolve the case before it goes to court. Unfortunately, when a person pleads guilty to Domestic Violence, it negatively affects their record. They could lose their job, will never be able to own a gun, and are struggling under the weight of a permanent restraining order. Taking a plea deal in a Fast Track case can ruin people's future. The government needs to find another solution to their overcrowding problem – perhaps start charging weak cases where there is no real evidence?

Request a Free Consultation

If you or a loved one has been charged with Domestic Violence, don't take the Fast Track – be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O'Malley Law Office for a FREE consultation at 303-830-0880, or submit the “Get Help Now” form. Together, we can protect your future.

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