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Legal concept

Probable Cause

The legal standard of reasonable grounds to believe a crime has been committed, required for arrest or search.

What Right Law Group attorneys say

From the moment that call comes in, though, it's completely out of his hands, because once law enforcement is aware of an alleged domestic violence incident, they have to take action, they are legally not allowed to just look the other way. So if they believe that there's probable cause for a domestic violence incident, even if the husband is begging them not to charge his wife or take her to jail, he doesn't get a say.
Alexis Austin Litle · Why Am I Being Charged With DV If The Named Victim Wants The Case Dropped? // Right Law GroupWatch clip ↗
once law enforcement is aware of an alleged domestic violence incident, they have to take action, they are legally not allowed to just look the other way.
Alexis Austin Litle · Why Am I Being Charged With DV If The Named Victim Wants The Case Dropped? // Right Law GroupWatch clip ↗
What we have in Colorado is what's called a mandatory arrest law. So, when there is an act of domestic violence committed, there is a mandatory arrest. However, this is where it gets tricky for law enforcement officers. The law does not state that you must make an arrest no matter what.
Alexis Austin Litle · Right Law Group's Criminal Defense Attorney, Alexis Austin, Explains Domestic Violence ChargesWatch clip ↗
Anytime you're charged with a domestic violence crime or the court believes that there's probable cause for domestic violence crime, they're going to require you to complete a firearm affidavit. What that means is that you have to sign a form that says you either own no firearms or that you've relinquished this firearm or transferred it to another individual.
Zoe Levesque · Domestic Violence Charges in Colorado: Mandatory Gun Surrender ExplainedWatch clip ↗
Anytime you're charged with a domestic violence crime or the court believes that there's probable cause for domestic violence crime, they're going to require you to complete a firearm affidavit.
Zoe Levesque · Domestic Violence Charges in Colorado: Mandatory Gun Surrender ExplainedWatch clip ↗
From there, if an officer believes that they have probable cause to make an arrest, um they will arrest the person with a DUI. Um and at that point, express consent takes effect. So, in Colorado, express consent is the idea that by driving in the state of Colorado, you've already consented to a chemical test of your blood or your breath.
Gannon Becker · DUI Evidence in Colorado | How Prosecutors Build Cases Against YouWatch clip ↗
View all 22 clips ›

Frequently asked questions

After my arrest in Colorado, how soon must I appear before a judge for my initial appearance?

Right Law Group's guide explains: "Bail and Pretrial Release // Right Law Group When arrested and charged with a crime, your Fourth Amendment right requires you to obtain an initial appearance before a district court judge within 48 hours."

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Can I handle criminal procedure in Colorado on my own, or is it too complicated to manage alone?

Right Law Group's guide explains: "Criminal procedure in Colorado can be complicated and incredibly difficult to manage on your own. People will say that it is our actions that define us, but the fact of the matter is, that’s only partially true."

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Can Someone Drop Domestic Violence Charges in Colorado?

Right Law Group's guide explains: "Colorado has extremely strict laws regarding domestic violence. It does not matter if it was your significant other, a neighbor, or another person who made the call; if the authorities believe there is evidence of a violent domestic dispute, they will make an arrest ."

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Can the police just let it go if they learn about an alleged domestic violence incident?

Alexis explains: "once law enforcement is aware of an alleged domestic violence incident, they have to take action, they are legally not allowed to just look the other way."

Answered by Alexis Austin Litle · Watch clip
Can the police search my car, home, or person without a warrant or reasonable suspicion?

Right Law Group's guide explains: "In the US, the police can only search your property if there is reasonable cause for suspicion. The police cannot search your person, your car, your home, or other property without a warrant or reasonable suspicion."

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Can You Be Charged With DUI Without Evidence?

Right Law Group's guide explains: "Being charged with DUI amounts to a very stressful situation. The fines and penalties of a conviction are harsh, and the social consequences can be even more challenging."

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Do I have a right to a preliminary hearing if I am charged with a serious felony like kidnapping?

Alexis explains: "In other words, when they have a complaint information, let's say you're charged with kidnapping is very high, serious felony in the state of Colorado. So when you're charged with kidnapping, you have the right to a preliminary hearing. In other words, you have the right with your defense attorney to get the DEA to prove that they have even probable cause to bring these charges."

Answered by Alexis Austin Litle · Watch clip
Do I have to give up my firearms if I am charged with a domestic violence crime in Colorado?

Zoe explains: "Anytime you're charged with a domestic violence crime or the court believes that there's probable cause for domestic violence crime, they're going to require you to complete a firearm affidavit. What that means is that you have to sign a form that says you either own no firearms or that you've relinquished this firearm or transferred it to another individual. That's just because whenever you're under investigation for a domestic violence crime or charged with one, you're not allowed to possess a firearm. If you don't comply with this affidavit or if the prosecution is able to find out that you were lying on this affidavit, you can face new charges such as a violation of protection order or other charges and consequences if you don't complete the firearm affidavit or if you're not complying with it."

Answered by Zoe Levesque · Watch clip
Do police have to arrest someone in a domestic violence case, even when they have discretion in other cases?

Alexis explains: "the domestic violence cases are always an interesting one because that's the one where i think it's the most biased that it comes in because that is the one where the police go in there and they literally have someone that they want to arrest um i think we've talked about this on some of the previous ones colorado law says that the police must make an arrest if there's a probable cause in a db case um you know a lot of these sort of cases you know shoplifting you know you talk to the police and it's like oh my god you know i've never done this before the police actually have the discretion whether or not they're going to really charge you the crime domestic violence cases no mandatory law says they have to make an arrest"

Answered by Alexis Austin Litle · Watch clip
Does Colorado law require police to arrest someone if there's probable cause in a domestic violence case?

Alexis explains: "colorado law says that the police must make an arrest if there's a probable cause in a db case"

Answered by Alexis Austin Litle · Watch clip
Does Colorado require police to arrest me if there's probable cause for a domestic violence charge?

Alexis explains: "in the state of colorado there is a mandatory arrest law that says if there is an allegation of domestic violence and there's probable cause that a domestic violence charge has occurred the person must be remanded in other words they must be taken into jail taken into custody immediately there are no ifs and buts mandatory arrest laws says if there's a db charge and there's probable cause for it that person's getting arrested"

Answered by Alexis Austin Litle · Watch clip
Does Colorado's mandatory arrest law mean police have to arrest someone in every domestic violence call?

Alexis explains: "What we have in Colorado is what's called a mandatory arrest law. So, when there is an act of domestic violence committed, there is a mandatory arrest. However, this is where it gets tricky for law enforcement officers. The law does not state that you must make an arrest no matter what."

Answered by Alexis Austin Litle · Watch clip
Does the DA have to prove me guilty beyond a reasonable doubt at the preliminary hearing?

Alexis explains: "So the DA does not have to prove beyond a reasonable doubt that you're guilty of them, they just have to prove that they have enough evidence and probable cause to charge you."

Answered by Alexis Austin Litle · Watch clip
Domestic Violence in Colorado: Is Domestic Violence a Felony Charge?

Right Law Group's guide explains: "Domestic violence is a serious crime. It can be physical, sexual, emotional, economic, or psychological actions that impact the other partner in a relationship."

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Drug Paraphernalia Charges in Colorado: What Items Can Get You Arrested?

Right Law Group's guide explains: "Under C. R. S. § 18-18-428, it’s illegal to possess any item that you know or should reasonably know could be used to consume, store, measure, or distribute controlled substances."

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Drugs Found at Home – Who Gets Charged?

Right Law Group's guide explains: "Imagine police knocking at your door, claiming to have discovered drugs on the property. Before you know it, an officer states, “You’re under arrest for possession."

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How can an argument between spouses or relatives turn into a domestic violence charge?

Right Law Group's guide explains: "When emotions run high in an altercation between spouses or relatives, things can quickly escalate into a domestic violence charge ."

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How can I beat a DUI,, and surrounding Colorado counties?

Right Law Group's guide explains: "How to Beat A DUI In El Paso, Douglas, Arapahoe and Surrounding Counties Stuck dealing with a DUI arrest and wondering how to beat a DUI in Colorado?"

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How can I get my DUI charge dismissed in Colorado?

Right Law Group's guide explains: "If you have been arrested for DUI, the first thing that people want to know is how can I get my DUI dismissed. Facing a DUI charge in Colorado can be scary and overwhelming."

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How do I navigate the criminal justice system after being arrested in Colorado?

Right Law Group's guide explains: "We have put together a complete guide to surviving arrest in Colorado. Below you will find all the information you need in order to successfully navigate the criminal justice system in Colorado."

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How should I handle being pulled over for a DUI to stay calm during the stop?

Right Law Group's guide explains: "Getting pulled over for a DUI can be a frightening and distressing situation. Knowing ahead of time how to manage the interaction calmly can give you some tools to better address what has the potential to be a stressful event."

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I am a good person facing my first DUI arrest and I am horrified, what are my odds of getting the charges dropped?

Right Law Group's guide explains: "This is your first run-in with the law. In fact, it’s your first DUI arrest, and you’re horrified. You’re a good person."

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I am facing criminal charges and feel overwhelmed - what steps and stages should I expect in the process?

Right Law Group's guide explains: "If you are navigating the legal system and facing criminal charges , you may find yourself overwhelmed by the process. There can be many steps involved, and each stage comes with its own expectations, rules, and responsibilities."

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I am facing disorderly conduct charges in Colorado - can Right Law Group help me?

Right Law Group's guide explains: "Facing disorderly conduct charges in Colorado? At Right Law Group, our experienced disorderly conduct defense lawyers are ready to help you."

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Each answer links directly to the source where a Right Law Group attorney addressed this question.

24 answers grounded in Right Law Group sources

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What clients say

The situation

Got into a DV case because of an ex I let back in the home and made my life very hard

What changed

he fought hard for me

The result

they dismissed the whole case

Jacob D. Gannon Becker★★★★★Google verified
Read the full review ›
The situation

a DUI case

What changed

knows the law and helps represent you to the best of their ability

The result

helped me get a DUI case dismissed in El Paso county

Jason M. Zoe Levesque★★★★★Google verified
Read the full review ›
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