Domestic Violence and Misdemeanors

DOMESTIC VIOLENCE AND MISDEMEANORSNext to traffic offenses, these types of cases are most prevalent on the El Paso County Court dockets.  Unfortunately that means these instances are entirely too common.  In all but the most extreme circumstances, violence of any type is never advisable or appropriate.  Nevertheless, a police report of two or three paragraphs written by an officer who has no firsthand knowledge of what actually happened cannot always describe what really went on or accurately show the culpability/fault between you the suspect and alleged victim.  In fact, in many cases, the police officers’ testimony about the arrest is the only evidence the district attorney has supporting the charges, making the officers’ credibility at trial highly relevant to the issue of guilt or innocence of you the defendant.

As a deputy district attorney, Brian Boal tried numerous county court cases against defendants’ who were charged with a variety of crimes including assault; harassment; criminal mischief, violation of civil and criminal protection/restraining orders, domestic violence, child abuse, trespass, possession of a dangerous weapon, as well as other charges.  He knows from experience that trial takes preparation including preparing and admitting exhibits into evidence, the subpoena and production of witnesses in your defense, selecting the right jury, cross examination of prosecution of arresting police officers experts and other prosecution witnesses, presenting evidence for the defense, and openings and closings.  This is normally an overwhelming task for the unrepresented defendant who, on top of having no time to prepare, typically has no knowledge or just vague familiarity of the rules of evidence, criminal procedure and applicable case law construing the same.  While TV shows like Law & Order and CSI may be highly entertaining, they do not prepare their viewers for the pressures and difficulties of litigating a real-life court case.

Having tried and won many cases on his own in the district attorney’s office without the benefit of co-counsel, Brian Boal is equipped with the tools to represent you at every stage of your criminal proceeding, diligently working towards the best possible outcome for you and the people you care about.  Sometimes that means trial and sometimes that means accepting a plea offer.  Either way you will have the confidence of knowing that your decision is based reliable legal advice from an experienced lawyer with a winning record and a unique insight into how the prosecutor is handling the case and why he or she is doing so.

THE DEPUTY DISTRICT ATTORNEY AT YOUR FIRST APPEARANCE IS NOT YOUR ATTORNEY, AND PROBABLY NOT YOUR FRIEND:  As a former deputy district attorney I strongly believe that, by and large, those presently serving as deputy district attorneys in the Fourth Judicial District of Colorado are persons of the highest character and ethical standards who on a daily basis perform an extremely difficult job but essential service for the residents of Colorado Springs and Teller County in the noble pursuit of justice for the victims of crimes, their families, and the community at large.  That being said, as a prosecutor in the first appearance center I was regularly asked by unrepresented defendants, “What should I do in my case?”

My answer was always the same.  “I am not your attorney, and not your friend under the circumstances.  You should get a criminal defense attorney immediately.”  This harsh reality is not easy for most people to hear, but crucially important for every criminal defendant to understand.

In my experience, it has nothing to do with the deputy district attorney disliking you personally or harboring a vendetta against you.  Rather, the DA’s sworn oath is to uphold the laws of the State of Colorado which from their perspective usually means seeing you, the arrested suspect and defendant, are ultimately convicted of some type of criminal offense(s) related to your charges.”

-          Brian B. Boal

You need an attorney who will zealously represent YOU AND YOUR LEGAL RIGHTS, not the legal interests of government being carried out by the district attorney.  Brian Boal will work diligently advocating to the district attorney and judge on your behalf for the best possible disposition of your charges, and keeping you informed about your case every step of the way to help you achieve the best possible outcome in your criminal case.

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