Photo Of Kyle B. Sawyer
Photo Of Kyle B. Sawyer

Charged With A Crime? It Doesn’t Mean You’re Guilty.

Colorado Consequences of NOT Being Charged with Menacing

On Behalf of | Jul 3, 2012 | Menacing |

We recently were hired to defend a client who had been arrested for Felony Menacing (C.R.S. 18-3-206) in one of the “tough on crime” Colorado jurisdictions. This client had no criminal record, and was incredibly freaked out by these allegations and the possibility of being convicted of a felony. He had been hauled into jail on the date of the alleged offense, and a ridiculously high bond was set on his case. Luckily, he was able to use a bondsman to post bond, and hired the O’Malley Law Office to start advocating on his behalf, talking to detectives, and preparing subpoenas.

About a week later, we received wonderful news. The District Attorney’s Office had looked at the case a little bit closer, and decided not to file charges. Great news, right? Well, yes, but unfortunately, even NOT being charged with a crime in Adams, Douglas, or Denver County has unforeseen collateral consequences.

First of all, no one is going to apologize for the agony they caused you by arresting you based on a meritless accusation. The Thornton or Aurora police are not going to send you a letter of apology or offer to refund your legal fees.

Secondly, the money you or your family spent on paying a bond premium to a bondsman will likely not be refunded (although there are a few exceptions to this rule, and we are arguing for a refund on our client’s behalf).

Thirdly, you will have to jump through hoops in order to get any of your firearms back that were seized by the Denver or Westminster police. They are not going to just bring you your property back, and no one will apologize for taking your property in the first place.

Finally, you will need to Seal Your Record of your arrest.

The fact is, when the government starts going after you, there will be consequences, even if the Adams, Arapahoe, or Weld County District Attorney eventually realizes they don’t have a case against you. Luckily, we were able to help our client untangle himself from this unforeseen web of consequences. At the O’Malley Law Office, we will stand by your side and fight against the charges you are facing, and we will also help you pick up the pieces of your life. We are compassionate and experienced Colorado attorneys who care about how accusations will affect every aspect of your life. If you are contacted by the police regarding Felony Menacing, Child Abuse, Harassment, or any other Colorado crime, be smart, exercise your right to remain silent, and call us today at 303-731-0719. Together we can protect your future.