Legal Question in Criminal Law in Colorado

wrongfully charged

My friend who was arrested for passesion of marajuanta( less than an ounce) having his pipe on him, reckless driving because he swerved to miss a pot hole in the road, and driving under the influence of drugs. the officers also searched his van without a cause and his bail is set for $20,000 does he have any rights with this being his first affence can he request to see the jugde before the 16 of June to ask for a PR bond because the did not give him that option when he went before the Jugde the first time


Asked on 6/19/08, 10:45 pm

2 Answers from Attorneys
V. Iyer Iyer Law Office, L.L.C.

Re: wrongfully charged

The amount set for bond do not match the facts as told by you. Something is missing. It appears he is charged with a very serious felony or he is a flight risk or has a very bad criminal history or was out on parole or probation and was charged with these crimes while out on bond in another case or on probation or parole.

You do not have an absolute right to a PR bond although all the court has to do is require you to post a reasonable bond. Reasoable bond is fact and circumstances driven. Bond hearings are a bit complex so it would be advisable to have an attorney represent you just in case the DA opposes your request for a PR Bond.

However, you do have a right to ask the judge to review and set bond to a reasonable amount including a PR Bond but that does not mean the judge has to grant your request.

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Answered on 6/20/08, 11:38 am
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: wrongfully charged

He has a right to REASONABLE bond. In this case, he (or his attorney) should move for bond reduction hearing. $20k bond is too high based on the facts presented. However, past FTAs, flight risk/danger to community/serious offense would support high bond.

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Answered on 6/20/08, 3:07 pm


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