The Weld County justice system should not discriminate based on someone’s disabilities. Awareness for this injustice in our justice system around the county including the cities of Greeley, Keenseburg, and Milliken has been raised because of a recent incident of domestic violence between two handicapped individuals. A deaf man was arrested and charged after a domestic violence disturbance involving a woman who is also deaf. The arrest report states that he was uncooperative and not listening or following directions given by his arresting officers. To borrow the colloquialism, “No duh.” Following the arrest, he was kept in the county holding cell for over three weeks and had no way to converse with any of his jail guards. They made no extra efforts to accommodation for his disability. Did they know or even care that he was deaf?
Domestic Violence (DV) is not a crime in itself, but a sentence enhancer with severe consequences. Police will add a domestic violence enhancer when an argument or physical fight involves someone with whom the defendant has been intimate. Usually, this enhancement is to charges of Assault (18-3-204), or Harassment (CRS 18-9-111) in Erie, Hudson, or Berthoud.
The only advantage this man had in the justice system was that he acknowledged his constitutional right to remain silent. When questioned by police, he could not communicate or speak with them and had no choice but use his Miranda Rights. After experienced criminal lawyers started working on his behalf, charges were dropped and the deaf man was allowed to return home. Hopefully, awareness has been raised concerning the plight of people with a hearing impairment or other disability who have been arrested.
The justice system should provide justice for everyone, including those with disabilities. They need to be aware of the dangers of assuming everyone is disability free, just because people look normal. Remember, if you are contacted by police for a criminal charge and they add the sentence enhancer of Domestic Violence, be smart, exercise your right to remain silent, and contact the experienced criminal defense attorneys at the O’Malley Law Office at 970-616-6009. Together, we can protect your future.