Possession of a Weapon by a Previous Offender (POWPO) is charged in Greeley and Weld County when a person is accused of having physical control over a weapon after being restrained from doing so due to a pervious felony conviction. I recently watched a Preliminary Hearing in Weld County where a defendant was charged with this offense, amongst some others. For a Preliminary Hearing, the District Attorney’s Office is responsible for presenting evidence to prove that there was probable cause to charge each offense. The DA seemingly forgot to address the Possession of a Weapon by a Previous Offender charge- as they provided no proof to the judge of the defendant’s prior felony conviction that would make him eligible for this charge. Because no proof was provided, that charge was dismissed.
What is Possession of Weapons by Previous Offenders in Weld County?
The Weld County, Colorado law definition of Possession of Weapons by Previous Offenders – C.R.S. 18-12-108 – is:
This also applies to a juvenile who was adjudicated for a crime that would be a felony offense, if convicted as an adult. It’s important to note that not all felony convictions apply to this crime. Any felony crime that is a Victim Right’s Act crime would apply. If you’ve been charged, an experienced criminal defense attorney can review your criminal history and verify if your particular felony conviction would apply to this charge.
Sentence for Possession of a Weapon by a Previous Offender in Johnstown and Milliken
In Johnstown and Milliken, Possession of a Weapon by a Previous Offender is a class 5 felony. This level felony is punishable by 1 to 3 years in the Colorado Department of Corrections. If the POWPO charge results from contact during the commission of another crime where the defendant used or threatened the use of a firearm, then the defendant WILL be sentenced to the Colorado Department of Corrections.
Proof of Previous Conviction in Key in POWPO Cases in Greeley
There have even been Colorado Supreme Court cases filed, where the defendant questions the proof of a previous conviction. Is having the same name and birth date enough to prove a previous felony conviction? I wouldn’t think so, especially if you have a common name. Things like comparing fingerprint records from both cases and accessing as much information as possible to verify a person’s criminal history should be done in these cases. Now, if you, as the defendant, admit that the previous conviction is in fact your conviction, the DA still needs to do their job in providing sufficient proof that those convictions are yours.
If you or someone you love has been charged with Possession of Weapons by Previous Offenders, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to schedule a free initial consultation. Together, we can protect your future.
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