Did you know the court can restrict you from being in certain places? It’s not a legal statute like a Protection or Restraining Order, but it is happening all over the state of Colorado, especially in Denver. A recent location which has been the focus of these area restrictions is the 16th Street Mall. Apparently, these area restrictions are put in place to cut down on crime. The idea is that these bans help stop repeat offenders from committing an offense (like Theft, Shoplifting, or Trespassing), going to jail, and then going back to the same area to commit another offense. These restrictions tend to apply mostly to the homeless population.
How Does an Area Restriction Work in Greeley?
According to the article, a judge has to sign off on an area ban based on a request from the Greeley Police or City Attorney. No one has a comprehensive list of those who have been banned: not the police department, city attorney, district attorney, nor the courts. It is only when police run a background check that an area restriction will show up.
What is the Punishment for an Area Restriction Violation in Weld County?
If a person violates the imposed area restriction, they can face up to one year in Weld County Jail and a fine of up to $999. Area restrictions are not handed out after one instance. They are only requested after a person displays a pattern of problem behavior in a certain area in Weld, Morgan, or Logan County.
Area Restrictions – Are They Legal?
Judges only have powers granted to them by our legislature.
Obviously, if the courts are mandating area restrictions they are not against the law in certain circumstances. Remember, judges only have powers granted to them by our legislature. If a person is not on probation or charged with a crime, courts cannot legally restrict where a citizen can and cannot go. There are even advocacy groups that are questioning the policy. There are issues with the fact that a person can be arrested for simply being in a public place. The 16th Street Mall, along with Colfax Avenue, and Cherry Creek path, are all public places. Basically, because these restrictions tend to apply to the homeless, it is another way these advocacy groups feel the law is criminalizing homelessness. Because there are no comprehensive lists, tracking the area restrictions and who is under these restrictions, there is no way to know if they are being applied fairly, or targeting certain groups of people.
If you or a loved one has been charged with a crime in Greeley, Evans, or Erie, be smart, exercise your right to remain silent, and call the best criminal defense attorneys from the O’Malley Law Office at (970) 658-0007 to schedule a free consultation. Together, we can protect your future.
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