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Compared to many other states, Colorado has especially harsh rules for convicting, sentencing, investigating, and arresting individuals accused of domestic violence. An accusation alone can alter the course of your life, even if you are ultimately found not guilty.
For this reason, it is especially important to have support from a seasoned defense lawyer as early as possible in the case process following domestic violence arrests in Denver. A legal professional with past experience as a prosecutor could provide guidance to protect your rights and navigate the legal process.
Whether someone calls 911 to report domestic violence they are personally experiencing, reports domestic violence they suspect someone else is experiencing, or seeks help at a hospital or police station for domestic violence, the police are required by state law to take the allegation seriously and investigate. In addition, in accordance with Colorado Revised Statutes § 18-6-803.6, a police officer who responds to an explicit allegation of domestic violence must arrest at least one person involved in the alleged incident if there is probable cause that an incident of domestic violence occurred.
In practice, many arrests related to domestic violence in Denver are based on little more than speculative evidence—sometimes even on what involved parties might consider hearsay. Additionally, police can enter private residences without a warrant to investigate domestic violence allegations, and they cannot release individuals with a summons to appear in court later. Instead, they must take the person into custody and the person must spend at least one night in County jail.
Once someone is arrested on suspicion of committing domestic violence in Denver, they will be held in jail until they can appear before a magistrate. If the courts are not open, this initial appearance could take several days. While the magistrate may grant bail at this initial hearing. Additionally, the arrested individual must sign off on a restraining order meeting the criteria outlined in C.R.S. § 18-1-1001 before they can be released.
This restraining order prohibits all forms of contact with the alleged victim and also prohibits the arrested party from possessing a firearm or other deadly weapon. In this context, “possessing” can be interpreted as even being in the same room or household as a prohibited item. Any violation of the restraining order, even accidental, is a misdemeanor, which may be added to any punishments resulting from a domestic violence conviction.
Every person accused of a criminal offense in Denver has certain rights afforded to them under the U.S. Constitution, including people accused of domestic violence. However, protecting your rights after a domestic violence accusation can be extremely difficult.
Working closely with a defense lawyer experienced in handling cases of domestic violence arrests in Denver could be essential to securing the best outcome possible from your ensuing legal proceedings. Call today to discuss your situation and explore your legal options.