When a man was mistakenly released from Jefferson County Jail custody, 9News reporter Ryan Haarer sat down with Attorney Terry O’Malley to get some answers. According to the news report, a man accused of Sexual Assault on a Child, Unlawful Sexual Contact, and other unlawful sexual behaviors, bonded out of jail before seeing a judge to receive his Protection Order. A new house bill signed this year made theis procedure mandatory, yet it was overlooked with this gentleman. He bonded out the same day he was arrested and was not required to appear in court until 12 days later. Let’s look at this new House Bill and how it affects the bonding out of jail process.
House Bill 1060 Sex Offenses and Protection Orders in Weld County
While issuing Mandatory Protection Orders prior to a defendant being released is not a new issue, including those accused of unlawful sexual behaviors is. Originally, the two statutes concerning this matter – C.R.S. 16-4-105 and 18-1-1001 – included only those arrested for Stalking or a crime with a Domestic Violence enhancer. House Bill 1060 has amended those statutes to add sex crimes:
Conditions of Release on Bond – C.R.S. 16-4-105(4) – was amended as follows:
The amendments added to C.R.S. 18-1-1001 – Protection Order Against Defendant – add unlawful sexual behaviors to the list of crimes, which require a person “acknowledge the protection order in court and in writing prior to release.”
Have you been charged with a Sexual Offense? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
Have you been charged with a Sexual Offense? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
This procedure could make it harder for a person to bond out of the Weld County Jail. Even if all the finances for bail are in line, a defendant accused of one of the above crimes is at the mercy of the court and it’s schedule. If the arrest occurred on a Friday, it would probably be Monday or Tuesday before the person gets in front of a judge to follow the above new rule on bonding out.
If you or a loved one has been charged with Stalking, a Domestic Violence Offense, or a Sex Crime where a Protection Order is mandatory, let us help you navigate the complicated rules controlling your release. Call the best Greeley, Evans, and Erie criminal defense lawyers from the O’Malley Law Office at 970-616-6009 today. We can even set up a Weld, Morgan, or Logan County Jail visit. Together, we can protect your future.