In Weld County, when someone is accused of a felony, they must be given their charges and basic facts of the case – this information is contained in a Felony Complaint. When charged with a felony, you are facing a possible prison sentence. That is the difference between a misdemeanor and a felony. So you must find a criminal defense attorney who you have confidence in. We can help you in navigate the charges against you in the court system. Read below to learn more about Felony Charges and a Felony Complaint.
In Greeley Colorado What is a Felony Complaint – C.R.S. 16-5-101?
Felony Complaints are defined in Greeley, Colorado by C.R.S. 16-5-101:
(a) By the return of an indictment by a grand jury;
(b) By the filing of an information in the district court;
(c) By the filing of a felony complaint in the county court;
(d) Prosecution of a misdemeanor or petty offense may be commenced in the county court by:
(I) The issuance of a summons and complaint;
(II) The issuance of a summons following the filing of a complaint;
(III) The filing of a complaint following an arrest; or
(IV) The filing of a summons and complaint following arrest; or, in the event that the offense is a class 2 petty offense, by the issuance of a notice of penalty assessment pursuant to section 16-2-201.
What is the Purpose of a Felony Complaint in Greeley Colorado Courts?
Simply put, after someone is arrested, they need to learn what their charges are and who the witnesses of the crime are. This occurs by serving the arrested person with a Complaint and Information document. It also common to include the name of the victim and the class of crime. You will read F1, F2, F3, F4, F5, or F6, corresponding to the seriousness of the felony charge. The Complaint contains a statement of the essential facts of the offense to be charged, made by a law enforcement official. The purpose of the Complaint is to make sure accusations aren’t hidden and people don’t face serious charges which are kept secret. Usually, the person charged with a felony will not see their Complaint and Information until they’ve been arrested.
What Happens When Felony Charges are Started in Weld County? Indictment, Complaint and Information
When a Felony Charge is initiated by the Greeley Police or Weld Sheriff in Weld County, a felony complaint is prepared by the District Attorney and filed with the court. A Complaint, Indictment, and Information, all operate the same – they start a criminal case and inform the defendant of the charges against him. This also serves to confirm the District Attorney’s belief that there is sufficient evidence of probable cause that a crime has been committed. Unlike a Complaint however, an Indictment requires a grand jury’s vote to decide if there is probable cause. A Complaint needs a judge to decide if there is enough evidence of probable cause to move forward with the charges.
Will I be Arrested After a Felony Charge in Greeley, Colorado?
In Greeley, Colorado, after an Arrest Warrant is issued, a Felony Complaint is soon to follow and be filed. Judges must decide whether there is probable cause that you committed a crime for the judge to sign the Arrest Warrant. Then, you will be arrested for the charges against you. A felony case cannot go forward on just an accusation. After an arrest, the prosecution will have to prepare their Complaint and tip their hand a bit on what they have as evidence. If they don’t want to ask a judge to decide on probable cause, they can go to a grand jury and obtain an indictment.
Have you or someone you loved had a Felony Complaint and Information filed against you? Be smart, exercise your right to remain silent, and do not talk to the Greeley Police. They do not have your best interests in mind. Contact Weld County’s best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 today. Together, we can protect your future.
Image by David Mark from Pixabay