Legal Question in Criminal Law in Colorado

Verbal Harrassment

A person was accused of Verbal Harrassment x2 - the accuser went to the police station and filed two complaints several months apart - the police officer found the complaints to be warranted and issued warrants for the accused, however the warrants were never sent to the person - during a driving violation the accused was then aware of the warrant - arrested and then set up a trial instead of making a deal with prosecution because the accused did not make the verbal harrassment phone call, or leave the things on the accusers door step - at the trial the judge threw out one of the harrassment charges (object left on door step), however, found that the telephone calls to the accuser were justified (the judge stated that the accuser would know the accused voice) no telephone records were pulled, just simply the judge stating guilty without any real proof. The accused was sentenced to one year probation, 36 weeks harrassment classes, alcohol screening & random breath tests and 45 days in jail. The question/s is: Can this case somehow be re-opened, and also - can the probation officer revoke the probation because the accused refuses to write a letter of apology to the accuser assigned by the class, because he did not do the crime?


Asked on 5/06/04, 5:49 pm

1 Answer from Attorneys

Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Verbal Harrassment

When was: the offense, the complaint, the arrest, the trial, the sentencing? As for re-opening the case, you really can't. You can try, but it will likely be a waste of effort and money. If you pleaded guilty you can move to withdraw the plea. If you were convicted, you can't. The probation officer can't revoke probation, only the judge can. More importantly, how will probation revocation hurt you? You do not mention any part of the sentence was suspended upon compliance, but I bet there was. More info, more specificity and you might get an answer.

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Answered on 5/06/04, 6:47 pm


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