Currently, in Greeley, Erie, and Evans, when a person is accused of and arrested for a crime, the Weld County Court will set a bail amount, allowing that person to remain in the community while the case is pending. There are some felony crimes, though, where a person will not be allowed bail. Recently, the governor signed a bill into law (HB 17-1150) adding certain Domestic Violence and Stalking crimes as a non-bailable offense. Specifically, if the Stalking is a second or subsequent conviction that occurs within 7 years of the first offense, or if there is a protection order or another condition preventing contact with the victim when the Stalking occurred, then the person will be held without bail (on a mere accusation). Also, if there is an accusation of Domestic Violence and the accused has been previously convicted of 3 or more separate DV acts, then the person is to be held without bond (at some point, it appears, you are presumed guilty).
Weld County Stalking and Bail Lawyer: What is the Definition of Stalking in Morgan County?
The Weld, Morgan, and Logan County, Colorado law definition of Stalking – C.R.S. 18-3-602 – is:
(a) Makes a credible threat to another person and, in connection with the threat, repeatedly follows, approaches, contacts, or places under surveillance that person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship; or
(b) Makes a credible threat to another person and, in connection with the threat, repeatedly makes any form of communication with that person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship, regardless of whether a conversation ensues; or
(c) Repeatedly follows, approaches, contacts, places under surveillance, or makes any form of communication with another person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship in a manner that would cause a reasonable person to suffer serious emotional distress.
Stalking is a class 5 felony for a first offense and a class 4 felony for a second or subsequent offense. Often, we see Stalking charged as an act of Domestic Violence when the victim and accused have been in an intimate relationship together.