When an individual is arrested on a domestic violence charge, the person who gets arrested is going to be searched, handcuffed, put in the back of a police vehicle, and taken to the police station or local booking facility.
That person will be then processed in with fingerprints, background checks, and issued a jail uniform. Though the rules say that the police can keep you in jail, the law also says that they can’t keep you for long until you go before a judge, typically this is within 48 hours of the arrest.
Facing the Judge: Your First Court Appearance
The next time the court calendar convenes, you’ll find yourself standing before the judge, either in person or perhaps via video link from the jail. The judge's role is to ensure you understand the charges against you, your rights, and to inquire about your plea: guilty, not guilty, or no contest.
This initial appearance is known as the arraignment. However, this isn’t the time to present your case; simply stating "not guilty" suffices. Even if you believe the evidence against you seems clear-cut, it's wise to plead "not guilty." Predicting legal outcomes is complex, and at this point you’re best served talking with an experienced domestic violence attorney near you about the details of your case.
Pleading "not guilty" doesn’t imply a lack of cooperation. You have the right to review the evidence and seek counsel, either through your own attorney or a court-appointed one if finances are tight. The option for a public defender exists for those in financial need. Regardless of financial standing, accessing funds for legal representation may be challenging initially, hence the provision of a public defender until alternative arrangements are made.
Addressing Bail in Domestic Violence Cases
Once you step into the courtroom for your arraignment, the topic of bail swiftly arises. It’s a fundamental principle of the law that you are presumed innocent until proven guilty. However, there's a recognition that despite this presumption, certain individuals pose a potential threat to society or might try to evade the legal process.
Bail serves as a mechanism for the court to assess two important factors:
- Are you a danger to others?
- Are you likely to flee?
Following this evaluation, the court determines a specific amount of money that you must provide as a guarantee of your appearance in court while your case progresses. This figure, like $15,000.00, might seem daunting at first glance. It's natural to feel overwhelmed, especially if you don't have such a sum tucked away in your rainy day fund. However, with bail, you're only required to come up with 10% of the total amount.
For instance, if your bail is set at $1,500.00, you would need to produce $150.00 to secure your release. Alternatively, you can explore the option of enlisting the services of a bail bondsman.
While they do charge a fee for their assistance, they can expedite the process and alleviate some of the financial burden associated with bail.
Conditions for Release in Cases of Domestic Violence
When the judge grants your release, they'll lay down some rules to follow. Typically, there are three conditions they'll set.
First off, you'll likely be told to steer clear of the victim until the legal process is done. This "stay away" rule is no joke – breaking it might land you in more trouble than the initial offense. Otherwise known as "stay away from PW as a condition of bond," this order comes from the judge, not the victim.
This means that even if the victim reaches out to you, like through a call or inviting you over, responding would still breach the judge's order. It doesn't matter if the victim initiated contact; the order stands firm.
The second condition often involves abstaining from drugs and alcohol during your release. This is especially true if substances were involved in the incident.
Lastly, there might be a requirement for an ankle monitoring device. While some folks find this invasive, it can actually work in your favor. Having a clear record of your whereabouts at all times means all you have to do is stick to the judge's orders to stay out of trouble. If someone accuses you of being somewhere you shouldn't have been, say, at 10:17 p.m. on a Tuesday, you've got solid evidence to prove otherwise – just check the tracking data from the ankle bracelet.
What Does Stay Away from PW as a Condition of Bond Mean?
"Stay away from PW as a condition of bond" typically means that the individual who is under bond (usually for legal reasons) is required to avoid contact or proximity to a specific person or place referred to as "PW."
In a domestic violence case, the PW can be the victim, or the victim’s workplace or residence, for example. This condition is often imposed to prevent potential conflicts, harassment, or further legal issues involving that person or place.
Failure to comply with this condition can result in consequences such as revocation of the bond or additional legal penalties, including fines and jail time.
Pre-Trial, Motion Hearings, and Trial
Before your trial starts, the court will hold a pre-trial status conference. This meeting happens after a request for discovery has been made and allows you and your attorney to review the state's evidence against you.
During this conference, you can discuss the evidence and present any mitigating circumstances. There is a possibility that the charges against you could be reduced or even dropped at this stage. However, if there are disputes about any of the evidence, a motion hearing may be scheduled, during which the judge will make a ruling on the evidence.
If there are no issues with the evidence, but the case can't be resolved during the pre-trial status conference, it may proceed to trial.
The Colorado Domestic Violence Court Process
To recap, in Colorado, the domestic violence court process typically follows a series of steps:
Arrest: When law enforcement officers respond to a domestic violence call and determine that there's probable cause, they may arrest the alleged perpetrator.
Protection Order: Upon arrest, the court may issue a temporary protection order (TPO) to protect the victim. This order can include provisions such as prohibiting contact between the parties involved.
Advisement Hearing: Within a short time after arrest, usually within 48 hours, the defendant is brought before a judge for an advisement hearing. During this hearing, the charges against the defendant are formally presented, and they are informed of their rights.
Arraignment: At the arraignment, the defendant enters a plea of guilty, not guilty, or no contest. If they plead not guilty, the case proceeds to trial.
Pre-Trial Conference: Before trial, there may be a pre-trial conference where the prosecution and defense discuss the case, potentially negotiate a plea deal, or address any procedural issues.
Trial: If the case goes to trial, both sides present evidence and arguments, and the judge or jury decides the defendant's guilt or innocence.
Sentencing: If the defendant is found guilty or pleads guilty, the court will impose a sentence. This may include fines, probation, counseling, or incarceration.
Probation/Parole: If the defendant is sentenced to probation or parole, they must comply with the conditions set by the court, which may include attending counseling or anger management classes, refraining from contact with the victim, and regularly meeting with a probation or parole officer.
Throughout this process, victims may have access to victim advocates for support and guidance, and they may be called to testify as witnesses in the case. It's important for both the defendant and the victim to understand their rights and options within the legal system.
The Colorado court process in domestic violence cases can be confusing and arduous. It is important to have an experienced, trial proven criminal defense attorney working on your case to work skillfully on each step of your case from arraignment to trial.
