When a person is accused of a crime in Larimer County, a warrant for his arrest may be issued, or he may instead be given a summons. Like traffic tickets, summons are papers that inform the suspect of the charges against him and when he is required to appear in court. Even so, that does not mean that receiving a summons is not confusing or anxiety-inducing. If you have been issued a summons, you will need to hire an experienced Fort Collins lawyer to explain your charges to you and represent you at the Larimer County Courts. Below, the top criminal defense attorneys at the O’Malley Law Office discuss the differences between summons and arrest warrants.
Larimer County Definition of Summons in Lieu of a Warrant, C.R.S. 16-5-206
The circumstances in which a summons may be issued instead of an arrest warrant are defined as follows in Summons in Lieu of a Warrant, C.R.S. 16-5-206:
Essentially, provided that the accused is not charged with a high-level felony crime, the Larimer County Courts have the option of issuing a summons instead of an arrest. C.R.S. 16-5-206 further dictates other criteria in which a summons may be issued to a defendant in lieu of an arrest, such as a reasonable likelihood that the defendant will appear.
Contents of an Arrest Warrant in Fort Collins
Arrest warrants in Fort Collins contain relevant information for the defendant’s arrest. Such information generally includes:
- The defendant’s identifying information – name, birthdate, physical description, address, social security number, and so forth
- Crime(s) for which the defendant is being arrested
- Protection order issuance, if applicable to the case – this prevents the defendant from contacting or visiting the victim(s)
- Bond amount – the amount of money the defendant will need to pay to be released from incarceration at the Larimer County Jail, with the condition that he will return for all future court appearances. This may be predetermined, or it may be set by a judge during the defendant’s advisement hearing. In Domestic Violence (DV) cases or cases where a deadly weapon was involved, there may be a “no bond” hold, which requires the defendant to see a judicial officer for the bond amount and conditions for release.
Arrest warrants do not contain any other information beyond what is necessary for the arrest. Usually, it is the affidavit of probable cause for arrest warrant that offers further background on the reason for the accused person’s arrest.
Larimer County Affidavit of Probable Cause for Arrest Warrant
Any time law enforcement in Larimer County wants to make an arrest, they must demonstrate that there is sufficient probable cause to do so. An affidavit of probable cause for arrest warrant is a document written by one or more law enforcement officers (LEOs) that contains a summary of the investigation that was conducted. This affidavit is presented as a request to the Court to issue an arrest warrant for the suspect.
Unfortunately, the LEOs who write these affidavits tend to only favor one side – that of the alleged victim. Police seldom – if ever – sense the necessity of interviewing other parties involved in the investigation to uncover the truth. Law enforcement is always eager to speak with the accused person in a case, but only ever to gather evidence that can be used to incriminate him in court. If a judge issues an arrest warrant, the accused person is arrested and detained at the Larimer County Jail. Later, the District Attorney at the Larimer County Courts will also use this affidavit as evidence against the defendant, even though it does not contain his account or other evidence that demonstrates his innocence. These affidavits underscore just how crucial it is to hire an experienced criminal defense lawyer. Law enforcement and the District Attorney are never on your side, as evidenced by affidavits of probable cause for arrest warrants.
What is in a Loveland Summons?
Summons are substantially different from arrest warrants, and are usually delivered by a Loveland Police officer after he or she has conducted an investigation on the allegations. Summons generally contain:
- The defendant’s name, address, and birthdate
- The case number and charges
- Location of the Court and courtroom where the defendant must appear
- Day and time of the court appearance
Upon receipt, the defendant must sign the summons, which serves as an agreement that she will appear in court to answer for her charges.
What is the Difference Between an Arrest Warrant and Summons in Estes Park?
There are several differences between arrest warrants and summons in Estes Park. One primary difference is that an arrest warrant is issued by a judge, whereas a law enforcement officer (such as a sheriff or police officer) issues a summons. Each document is also different in that it is provided to different people: the arrest warrant is used by law enforcement, whereas a summons is served to the accused person. Finally, the process following issuance of an arrest warrant versus that of a summons is different. A suspect who is arrested is booked into the Larimer County Jail and detained there until she can bond out. By contrast, a suspect who is given a summons is never taken into custody, and is expected to appear in court or face potential incarceration.
It is essential to understand that receiving a summons instead of being arrested is never guaranteed. It is up to the Estes Park Police officer’s discretion as to whether you should be issued a summons or arrested.
What to Do if You Have Received a Summons in Larimer County
If you have received a summons in lieu of an arrest warrant in Larimer County, the first thing you need to do is hire an experienced Larimer County criminal defense lawyer. A top defense lawyer is essential to receiving the best possible outcome in your case. Your lawyer will advise you of your rights, represent you at all court appearances, and engage in negotiations with the District Attorney on your behalf. Never skip court appearances or try to take on your charges without the help of an experienced lawyer. Receiving a summons can be frightening, but a skilled lawyer can make all the difference in your case.
Have you been charged with a criminal offense? Be smart, and exercise your right to stay silent. Then get in contact with a criminal lawyer with decades of experience at the O’Malley Law Office today at 970-658-0007 to schedule a free initial consultation. Together, we can protect your future.
The location for the Larimer County Courthouse is 201 Laporte Avenue, Fort Collins, Colorado. We’ll see you there!
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