Legal Question in Criminal Law in Colorado

Assault Charge....... (2nd degree I guess??)

Well, this happened in the State of Colorado (Denver)... A family member is being held on assault charges. He was arrested on Wednesday (April 22nd) at 3:15am, on a supposed assault that took place a month and a half beforehand. The supposed ''victim'' pointed him out to police and he was arrested after being seen outside the bar where the incident took place, but is still being held without charges pending the investigation. From what I have learned was that the ''victim'' and a friend of his tried to jump the ''offender'' and he ended up getting the best of them. One of them worse than the other. Now I understand that there is a fine line between self-defense and assault, but I was kind of wondering where that line is drawn, and how long he can be held before being charged with a crime. And also, I was wondering if he is allowed to have appointed legal counsel to attend his bond hearing, which he wasn't offered, nor did he have representation of his own.


Asked on 4/25/09, 9:24 pm

1 Answer from Attorneys
Dennis W. Montoya The Law Offices of Dennis W. Montoya

Re: Assault Charge....... (2nd degree I guess??)

If your friend had a bond hearing he is definitely being charged with something, not necessarily the highest degree of crime that the DA's office is thinking of bringing.

Have you tried calling the jail and asking what his charges are? He is entitled to bond, and he is also entitled to a speedy trial. By now, he probably has also been assigned a public defender, although he may not know who it is yet.

Your friend is also entitled to bring a "Motion to Review Conditions of Release" at any time, asking the judge to reduce his bond, or perhaps to let him out on his own recognizance, which means no bond, just conditions he must follow to remain out of jail pending trial. (No contact with the alleged victim is a main one in cases like this.)

Your friend is not necessarily entitled to a Public Defender at the initial bond hearing, but he is entitled to one at every stage thereafter, and as I said, he is entitled to have his bond reviewed by a judge after he has a lawyer.

Read more
Answered on 4/26/09, 8:51 am


Related Questions & Answers

More Criminal Law questions and answers in Colorado