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Does colorado keep a DV offender in jail for an automatic 3 day hold or are they kept only until first advisement.

Denver, CO |

Not sure of details. No arrest at scene. Warrent issued after the fact & the accused is the one that was injured. However the police never saw the accused at the time of the incident. I wld like to know if there is anyway for it to be an F3 or F4 without being a repeat offended. This is first offense.

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Attorney answers 3

Posted

Yes, it can be a F3 or F4 (first or second degree assault) regardless of the prior criminal history. That is just the charge level. There is no mandatory hold for 3 days for a DV case. A standard bond is usually set, and the charged is able to bond out immediately. However, there is a mandatory 7 day no contact requirement for the charged person and the alleged victim, and this includes any contact negotiated through a third part. These are very serious charges, and this person needs an attorney as soon as possible. If they are unable to bond out, they can request the public defender be appointed at their first court date. If not, use this site to find an experienced defense attorney. Most, my firm included, offer free one hour consultations.

Asker

Posted

Thank you. He has a private attorney & a bondsman. He turned himself in when he learned of the warrant. He was told his bond would be 30,000 however after booking they set a no bond. I figure it will be set at his video advisement at the county jail.

Posted

Mr. Greenwood is correct. It could either be an F3 or an F4 depending on the nature of the injuries and the type of weapon used in a First Degree Assault. There is no 3-day requirement for a hold. They need to advise you at the first available time and set bond according to the bond schedule or possibly reduce it based on ties to the community and a lack of criminal history. However, he will be served with a mandatory protection order under CRS 18-1-1001 to have no contact with the victim. Hire Mr. Greenwood for him. He is an exceptional attorney.

The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.

Asker

Posted

Thank You he has a good one. There wasn't any weapon & he was the one that was hit on by the "victim". He shoved her to get out & away from her. It was bout a month ago. He does have her crazy VM messages threatening him so I hope they will help. Oh and he doesn't have a criminal record. He's a disabled service vet.

Posted

Both of my colleagues are correct.

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

Asker

Posted

Thanks, not me, not my rights. Tho I have been the victim of major DV & spent time in a safe house. I also know that there is the small percentage that call wolf & get away with it, because society doesn't think the male partner can also be the victim of a female.

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