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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4502
Experience:  Almost 12 years of legal experience, primarily in criminal law
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My son is in Colorado springs, co. and was just arrested

Customer Question

hi.. my son is in Colorado springs, co. and was just arrested for getting in a fist fight with 3 people at a home where he had gone to visit his child. evidently they wouldn't let him see her and he flashed out. we live in Louisiana.
what is going to happen now?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 2 years ago.
Hello. I'm sorry to hear about your son's situation. He should be brought before a judge or magistrate for an initial appearance, where he will be advised of the charges against him and bail will be set. This usually takes place within a day or two of the arrest. As long as he does not have a bad record and the assaults were not that serious (i.e., just bruising rather than broken bones or other serious injuries), then he should get a reasonable bail. Presuming the injuries are not serious, he will likely be charged with three counts of third-degree assault (the lowest level of assault), which is a Class 1 misdemeanor (punishable by up to 2 years in jail per count). The court will then set a court date for him, and what happens at that point will depend on whether he wants a trial or if he wants to enter into a plea. It is a good idea because he is facing possible jail time (even if he has a good record and jail time is unlikely) to get a lawyer as soon as he can. If he can't afford one, he can ask the court to appoint one or apply for the public defender. The lawyer will help protect his rights throughout the process and can try to negotiate a fair plea deal on his behalf. The lawyer will also be able to keep him advised of what is going on through the process so he understands everything. But he doesn't necessarily need a lawyer for the first appearance...he should just get one as soon as possible so the lawyer has enough time to prepare for the case.