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My son (25) is facing a felony burglar and domestic violence…

My son (25) is...

My son (25) is facing a felony burglar and domestic violence charge on Tuesday in Adams County Colorado. I'm trying to find out how he can best be represented in such a short time-frame.

Lawyer's Assistant: Does your son have any upcoming court dates on the domestic violence charges?

I believe all charges will be addressed on Tuesday 5/15

Lawyer's Assistant: Has he talked to a CO lawyer about this yet?

No - that is the problem. He was released from jail late Friday night. He has tried to leave some messages this morning, but being Sunday he's not heard anything.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He was represented by a public defender in court on Friday morning, but he doesn't k now her name

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Answered in 4 hours by:
5/13/2018
James Daloisio
Category: Criminal Law
Satisfied Customers: 877
Experience: 30 years experience in criminal law, continuing education.
Verified

Hi, my name is ***** ***** welcome to Just Answer.

It sounds like your son was brought to court on Friday morning for arraignment, and the public defender continued the arraignment to Tuesday, most likely so the case could be assigned to someone who handles domestic violence cases. But he was released on Friday evening...did he post bail? When he appeared on Friday morning they probably weren't expecting him to be released, so the arraignment (they call it the "advisement") was set for Tuesday. He will have to appear in court on Tuesday, and ask to speak with the public defender. He may be arraigned on Tuesday, or his arraignment may again be continued, depending on whether the public defender's office has assigned someone to his case.

After he's arraigned, the case will be set for either (1) Disposition Hearing, or (2) Preliminary Hearing. If the parties believe they can resolve the case, it may go to a dispo hearing. If not, he'll have a preliminary hearing where the state will have to put on some evidence that he committed the crimes that are alleged, and then, if the judge finds sufficient evidence, a new charging document will be filed and he will be arraigned again. From that point, the state will have a set number of days to bring him to trial. Generally, a defendant must be brought to trial within six months of entering a not guilty plea.

The point is, nothing is going to happen with this case in three days. What he will need to deal with is (A) the protective order for the victim that I can guarantee was issued; (B) complying with the terms of his release. Don't worry about the time frame.

Hope that clears it up for you. If so, please don't forget to rate this answer. You may always return here with follow up questions on this topic at no additional charge. Thank you for using Just Answer.

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Customer reply replied 3 months ago
Thank you for your quick response! Justin was released on Friday with a $20,000 PR bond, so no money was required. This is his first & only offense. The burglary he did when he knew they wouldn't be home, and the items he took (laptop & $$) was returned the next day. The domestic violence was just in regards ***** ***** call harassment - there was no violence and no violence was ever threatened. He has apologized to this ex-girlfriend and her family. He spent 3 days in jail and at this point he is TERRIFIED he will be incarcerated. He is extremely remorseful and would actually like to move back to Minnesota if/when he can. Being this is his first offense, what is the likelyhood he will have to he will have to spend any further time in jail? That is really what he is most concerned about.Thank you for your explanation of what this hearing on Tuesday will cover - that makes sense.Thank you again!

Hi again,

He really needs to sit down with his attorney to understand what the potential consequences might be.

1. Burglary of a residence is Second Degree Burglary but it is a Class 3 felony. This is a serious offense; Class 3 felonies are punishable by a minimum of 4 years and a maximum of 12 years in prison and fines of $3,000 to $750,000.

2. You can't minimize any domestic violence offense in today's culture. And you probably haven't seen the reports so you don't know exactly what he's being accused of doing. If, as you say, this was telephone harassment, then he's probably charged with a misdemeanor punishable by up to 6 months in jail and/or a fine of $50 to $750. But he'll need to have his attorney explain the charges.

Be aware that while he returned the stolen property, burglary is complete once the person enters the premises with the requisite intent, i.e., entry with intent to steal or to commit a felony. He probably wasn't even charged with the theft. And don't lose sight of the fact that the prosecution's job is to exact some punishment.

He needs to put his best foot forward. He needs to dress appropriately for court, make sure he's groomed, and yes, remorse is pretty high up on the list. As a first offender he has some equities going for him. Courts want to punish criminal offenders but they also want assurances that the person won't re-offend. He's probably a good candidate for probation. Items to consider: You said he "knew they wouldn't be home." Is he acquainted with the victims? Had he ever been in that residence, with permission, in the past? And you also said the items he took were return the next day; voluntarily, or because he got caught? Voluntarily returning property and accepting responsibility will weigh in his favor.

I don't have enough facts to give an accurate opinion but based on what you've said, if I were the prosecutor in this case I'd be looking for something a bit more than 3 days in custody. Maybe probation and some substantial community service; I don't think more jail time would serve any purpose but depending on the facts I wouldn't completely discount the possibility. It would depend on the facts and circumstances of the case. If I were your son I'd be more concerned with my criminal record. He should discuss plea alternatives with his attorney. Being convicted of 2nd degree burglary isn't going to look good. Like I said, he should put his best foot forward on this...actually both feet! Good luck.

James Daloisio
Category: Criminal Law
Satisfied Customers: 877
Experience: 30 years experience in criminal law, continuing education.
Verified
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