Legal Question in Criminal Law in Colorado

Not Charged, Released, Now Again?

My step dad was picked up on two warrants, when he arrived to the jail they said they picked him up to question him about an accusation of molesting my niece. They interrogated him and then told him they didn't have anything to hold him on and then released him. Now, my sister is coming back and saying they are going to arrest him for because they now have probable cause. Is this possible to do, they already investigated and let him go.


Asked on 3/12/08, 10:41 pm

4 Answers from Attorneys

Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Not Charged, Released, Now Again?

The police did it right in that, if no PC, they must let him leave. They can arrest him if they get PC. So, yes, they can do this.

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Answered on 3/13/08, 8:08 am
Marc Milavitz The Alternative Law Office of Marc Milavitz

Re: Not Charged, Released, Now Again?

Yes it is, they questioned him to get evidence to charge him with. He needs an attorney immediately. You should hire one that has experience in doing trials in this area of the law, as it is very specialized and he is facing a potential life sentence. I have such experience and would be glad to help if I can. Good luck.

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Answered on 3/13/08, 10:44 am
Jason Savela The Savela Law Firm, PC

Re: Not Charged, Released, Now Again?

This happens. Tell him to demand a lawyer immediately upon seeing police again. Tell him not to speak with police at all. If you can afford a lawyer (20-100 thousand), then get one. If you cannot, get the public defender.

This is a life imprisonment case and no matter what the actual facts are, he needs a good lawyer.

I do these cases. I would be happy to help.

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Answered on 3/13/08, 1:52 pm
Philip Rosmarin Rosmarin Law Firm

Re: Not Charged, Released, Now Again?

Yes.

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Answered on 3/13/08, 12:38 am


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