No-Drop Prosecution in Colorado Domestic Violence Cases: What It Means for Defendants
Even if the alleged victim wants to drop the charges, Colorado law may not allow it. Here’s how no-drop prosecution affects your rights—and why early legal defense is critical.
In a previous article, we explained how mandatory arrest laws require Colorado law enforcement to make an arrest when they believe domestic violence (DV) has occurred. But the legal challenges don’t end there. Once charges are filed, “no-drop” prosecution laws control how the District Attorney (DA) proceeds—and they leave almost no room for discretion.
These laws directly affect whether the DA can drop a case, offer a reduced plea, or dismiss charges even when the alleged victim no longer wants to cooperate.
What Is No-Drop Prosecution?
In Colorado, no-drop prosecution refers to legal limits placed on prosecutors once a domestic violence charge is filed. Specifically, § 18-6-801(3), C.R.S. requires that:
If the prosecution can make a prima facie case—meaning there is enough evidence on its face to suggest an act of domestic violence occurred—the DA cannot dismiss the case or offer a plea deal that excludes the DV designation.
This applies even before trial, and even if the evidence wouldn’t meet the “beyond a reasonable doubt” standard required for a conviction.
How This Impacts Defendants
Colorado’s no-drop policy has far-reaching consequences for individuals accused of domestic violence:
✅ Victim Recantation Doesn’t End the Case
Even if the alleged victim recants or asks the DA to drop the charges, the prosecutor must continue if they believe the case meets the prima facie standard.
✅ Self-Defense May Be Ignored
Prosecutors may interpret an act of self-defense as domestic violence. Without early, skilled legal advocacy, they may pursue charges against individuals who lawfully protected themselves.
✅ Limited Plea Options
DAs are not allowed to offer plea deals that remove the DV enhancement if the prima facie standard is met. This limits options for negotiation—even in cases where DV wasn’t the intent or context of the alleged act.
✅ Permanent Loss of Gun Rights
A misdemeanor DV conviction—even without jail time—can trigger federal firearm bans under the Brady Act and the Lautenberg Amendment. This can result in lifelong consequences, including:
- Ineligibility for firearm ownership
- Loss of employment in careers involving firearms or security
- Restrictions on military service or law enforcement work
We cover these consequences in more detail in another article.
Why Early Legal Representation Is Essential
Colorado’s domestic violence laws are designed to be aggressive. Between mandatory arrest policies and no-drop prosecution rules, even a minor or false accusation can spiral into a permanent criminal record and the loss of constitutional rights.
At Pav Law, we specialize in defending individuals accused of domestic violence. We understand how prosecutors evaluate cases and how to challenge weak or unsubstantiated allegations before they lead to conviction. Our team is deeply familiar with the legal standards that apply to both police officers and district attorneys, and we know how to intervene early—often before formal charges are filed.
Arrested or Charged with Domestic Violence in Colorado?
Don’t wait for the system to take over. If you’ve been arrested—or if you believe an accusation is coming—contact Pav Law immediately. Our team will evaluate your case, explain your rights, and begin building a strategic defense from day one.
👉 Call now or request your free case evaluation today.
