Domestic Violence Fast Track Program
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The Fast Track program was developed to accelerate the prosecution of misdemeanor crimes involving domestic violence. This program allows for early intervention and treatment of the offender as well as safe participation of the victim. Victims are notified of their right to appear and participate in the legal process.
The Process:
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When a law enforcement officer finds probable cause to believe that a crime has occurred involving two persons who are, or who have been, involved in an intimate relationship, the offender must be arrested and transported to jail (Colorado Revised Statute 18-60803.7). This mandatory arrest serves to protect the life of the victim and to prevent further contact or continued aggression between the parties involved. After the offender is arrested, he/she is held in custody until the next business day, then advised of the charges being filed against him/her and the amount of the bond. During the arrest of the offender, the victim may be served a subpoena to appear in court 72 hours after the arrest for a bond review hearing. A subpoena is a mandatory court order for a person to appear in court on a designated day. If the victim is served a subpoena, they will be required to appear for court the same day as the defendant will be present for his/her arraignment hearing.
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In order for the defendant to post bond, he/she must agree to the conditions of a Mandatory Protection Order (MPO) which includes a “No Contact With the Victim” condition. Colorado law requires a no-contact order be in effect between the defendant and any named victims or witnesses on the case. Often, the MPO will prohibit contact between the Defendant and the named victims and may require the Defendant vacate any shared residences. The MPO will remain in place for the duration of the case or until modified (changed) or vacated (removed) by a judge at a court hearing. If a modification is desired to allow for things such as contact regarding children or the continued payment of shared bills, a Victim Protection Order Modification Request Form must be submitted to our office 48 hours in advance of the next court date. Both parties to the case must be present in court in order for the judge to consider making a modification to the No Contact Order.
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At the first court hearing, the defendant may have an opportunity to speak with a deputy district attorney (DDA) about a possible plea agreement. The DDA will speak directly with the victim, review the police reports from the incident and review the defendant’s criminal history before considering a plea agreement.
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If the defendant enters a “guilty” plea at this hearing, the judge may sentence the defendant immediately or may choose to set a hearing at a later date for sentencing.
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If the defendant enters a “not guilty” plea at this hearing, the case will be set for another court hearing. The judge may also consider making changes to the bond or to the bond conditions at this hearing. The victims have the right to be present at this hearing and provide input to the judge about any changes.