In Weld County courts, Greeley Police can issue a Summons for the defendant to appear before the court in lieu of an Arrest Warrant. Receiving a legal document like a Summons after being accused of Harassment or Assault, can be confusing and overwhelming. Let our defense lawyers help you understand what a Summons is, and how to prepare for court. Below, our criminal attorneys discuss the difference between a Summons and an Arrest Warrant.
Colorado Definition of a Summons in Lieu of a Warrant, C.R.S. 16-5-206
The Definition of a Summons in Lieu of a Warrant, C.R.S. 16-5-206
Except in class 1, class 2, and class 3 felonies, level 1 and level 2 drug felonies, and in unclassified felonies punishable by a maximum penalty of more than ten years, if an indictment is returned or an information, felony complaint, or complaint has been filed prior to the arrest of the person named as defendant therein, the court has power to issue a summons commanding the appearance of the defendant in lieu of a warrant for his or her arrest unless a law enforcement officer presents in writing a basis to believe there is a significant risk of flight or that the victim or public safety may be compromised.
What is Contained in a Summons Document in Greeley, Colorado?
A Summons Document in Greeley and the rest of Colorado is normally delivered to the defendant by a police officer who has performed a brief investigation into the allegations. This law enforcement officer is usually from the county where the crime occurred, and from the city where it occurred. In Greeley, this translates to a Greeley Police Officer writing and serving the Summons to appear in the Weld County Court. A Summons is a legal document that typically has the same information in all instances. The most common things are:
- The Court name, jurisdiction and address
- The date and time to appear in court
- The defendant’s name, address and date of birth
- The case information, including case number and charges
- The defendant’s signature and promise to appear in court
What is Contained in an Arrest Warrant for Weld County Court?
An Arrest Warrant contains the basic identifying information for the defendant, such as his or her name, aliases, and date of birth. It also contains the name of the crime alleged and the amount of bond needed in order to get out of jail. Next, it is a form of order where the judge commands police officers to take the named person into custody and hold them until they post a predetermined bond, or appear before a judge for the determination of a bond amount. Warrants are generally short and to the point, with almost no facts of the case. In domestic violence cases or more serious cases with weapons or violence, an Arrest Warrant will generally be issued as a “no bond” hold, where the defendant must see a judicial officer to get a bond amount and conditions of bond for release.
Affidavit of Probable Cause for Arrest Warrant to be Issued by a Judge
Judges normally need to make a finding of probable cause before issuing an arrest warrant. These probable cause determinations are based on an Affidavit of Probable Cause, made by a Greeley Police Officer or Weld County Sheriff. Here, these law enforcement officers make a one-sided recitation of what their witnesses or accusers have to say. The officers have no need or desire to test the allegations for the truth of the matter and often won’t even speak with witnesses for the defendant – even if they are standing in front of the officer. It is all about getting the accused arrested and passing the case on to the District Attorney for prosecution. Then, District Attorneys rely heavily on the facts as presented by the officers in order to “support” them and their filing decision. The sad part of this is that with just a flimsy accusation by an enemy of the defendant, he or she can be arrested and held in the Weld County Jail. While in jail, they may lose their job, their apartment or house, or their chances at an education. In our opinion, the one-sided nature of the Arrest Warrant process is way to easy for an accuser to allege, and it is treated far too much with a presumption of guilt.
Difference Between an Arrest Warrant and a Summons in Weld County
In Weld County, an Arrest Warrant is issued when a defendant is accused of a crime by an ex-girlfriend or angry neighbor, who wants to hurt the defendant. On the opposite side, a Summons is a document containing an order that a defendant appear in court. The defendant is not arrested with a Summons, and many of the terrible consequences of being arrested do not occur. The Summons is issued by an officer and an Arrest Warrant is issued by a Judge. In many cases, an arrest warrant is totally unnecessary, but is still used in order to punish the defendant if the police officer feels the defendant did not “cooperate” enough, since he or she exercised their constitutional right-to-remain-silent. Officers are just people, and many of them make decisions for an Arrest Warrant in order to feel important or get revenge.
What to Do if You Have Received a Summons in Lieu of a Warrant in Fredrick, Firestone, or Windsor, Colorado?
Are you facing a Summons in Lieu of a Warrant in Fredrick, Firestone, or Windsor? Once you receive and have read through the summons, hire a top Weld County attorney who can help you to navigate the Weld County Court process. The attorneys at the O’Malley Law Office have over 30 years of experience helping our clients. Every case is different, and the Summons or Arrest Warrant Affidavit will need to be studied by a skilled criminal defense attorney to get you the best outcome.