Posted On: May 18, 2010

Colorado Court Criminal System Or - Gee, I Was Just Arrested on a Felony Charge, What Happens Next?

by Allen Gasper , the Senior Partner in the Gasper Law Group, Colorado Springs.

Step One:

A complaint is levied against the individual and the – now defendant – is either arrested or receives a Summons to appear in Court

Step Two:

The individual is charged with a crime which now constitutes the “arrest charge” prior to the individual’s appearance in Court.

Step Three:

After the initial advisement of the “arrest charges,” the defendant will appear in Court for the Filing of Charges – at which time the defendant is advised of the actual charges filed in the case. This may also be a “bond return date” – meaning the defendant has bonded out of jail and MUST appear in Court at the date and time specified. Failure to appear while on bond may cause the Court to issue a warrant for the defendant’s arrest and a Show Cause Order to the bondsman for forfeiture of the bond.

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Posted On: May 18, 2010

Sexual Assault Cases - Colorado Statutory Authority

by Allen C. Gasper
Senior Partner
The Gasper Law Group

Unlawful Sexual Behavior is found in Colorado Revised Statutes § 18-3-401 and following. It is important to understand several definitions that are included in the Statutes:

1. “Consent” means cooperation in act or attitude pursuant to an exercise of free will and with knowledge of the nature of the act. A current or previous relationship shall not be sufficient to constitute consent under the provisions of this Part 4. Submission under the influence of fear shall not constitute consent. Nothing in this definition shall be construed to affect the admissibility of evidence or the burden of proof in regard to the issue of consent under this Part 4.

2. “Intimate Parts” means the external genitalia or the pernium or the anus or the buttocks or the pubes or the breast of any person.

3. “Pattern of Sexual Abuse” means the commission of two or more incidents of sexual contact involving a child when such offenses are committed by an actor upon the same victim.

4. “Physically Helpless” means unconscious, asleep or otherwise unable to indicate willingness to act.

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