Greeley Stalking Attorney
New Law Regarding Bail for Stalking and Domestic Violence Crimes

Colorado has passed a new law where people accused of certain Stalking and Domestic Violence crimes will not be allowed bail while their case is pending.

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 person commits stalking if directly, or indirectly through another person, the person knowingly:

(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.

If you or someone you love has been charged with Stalking, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.