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What are the laws concerning when they can monitor alcohol when didn't have a alcohol charge

Denver, CO |

ok i was arrested for assault in weld county greeley colorado  i had drank three ours before this so there was alcohol on my breath i dint get charged with any thing to do with alcohol i posted bail and they are monitoring me for alcohol what i don't understand is i haven't been to trial yet so under law iam not guilty of anything and if i was it would be for assault not alcohol how can they legally monitoring me its like there putting me on probation before i have been found guilty  that would be like you getting arrested for not having insurince and they monitor you for alcohol before you go to trial and found guilty i know this probably wont do any good i don't see any law firms willing to go after a county or state that there in but i feel and know somehow somewhere this is ilegal it t

Attorney Answers 5

  1. Having been arrested, you appeared before a judge. The judge , as you recall, found probable cause for yor arrest. There is a good amount the state can do to curtail your liberty based on this finding even though you have not been convicted yet including prevent you from drinking.

  2. It sounds to me like you are on pretrial services as a condition of being released on bond. Mr. Luna is correct that the judge can lawfully impose conditions of bond that he/she believes to be appropriate. You can petition the court in writing or orally at your next court date to modify the conditions of your bond.

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    Kent J. Leier

    The Leier Law Office, LLC, 110 East Oak St. Ste. 220, Fort Collins, CO. Call 970-682-4581 for a free consultation. The answer above does not form an attorney client relationship and does not substitute for advice that can be obtained during an in depth initial consultation.

  3. Because you had alcohol on your breath at the time of the arrest, the court can monitor your sobriety. You can certainly ask to have it taken off at your next court hearing if you do not have any violations before then. The Court may or may not grant your request.

  4. It seems unfair to require you to submit to alcohol terms, when you haven't been convicted of a crime. And you are right, it runs a foul to the presumption of innocence. BUT courts and judges have a lot of discretion to set terms and conditions for release during the pendency of the case. The fact that alcohol was a factor, no matter how slight, in your arrest or the charges allows a court or pre-trial services to enforce those terms, so its not illegal. If you are acquitted of the charges, the court then loses jurisdiction over you and cannot enforce the terms.

  5. Once before you appear before a Judge on your current charge, the Judge has the authority to order you comply with certain conditions while you are pending trial on the offenses charged. It is irrelevant that you were not charged with a crime relating to alcohol. Clearly, alcohol was a factor present during the alleged commission of the assault. Therefore, it is reasonable for the Judge to require you undergo monitored sobriety pending the outcome of your case. The judge has an obligation to ensure that your behavior will not be a safety risk to the community and he apparently believes your alcohol use is a risk factor he cannot ignore. I know it seems unfair, but this is often a standard condition of bond and pretrial release pending trial or disposition of the charges.

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