Fort Collins Driving Under Restraint and Possession of a Weapon by a Previous Offender Lawyer | Fighting Back Just Makes It Worse

Learn how Possession of a Weapon by a Previous Offender and Driving Under Restraint are charged in Colorado.
Learn how Possession of a Weapon by a Previous Offender and Driving Under Restraint are charged in Colorado.
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This is another story where a reaction to an arrest made it much worse than it could have been. A Fort Collins man was pulled over for a traffic infraction. When the Larimer County Sheriff’s Deputy went to arrest him on an outstanding warrant, things went south. The man refused to leave his car and repeatedly reached down toward the floor boards of his car. Back up was called and when more deputies arrived, the man finally exited the vehicle and was taken into custody. When the car was searched, two loaded handguns were found, one on the floor where the man kept reaching. Now, along with original warrant charge for Driving Under Restraint, he is facing two counts of Possession of a Weapon by a Previous Offender and Resisting Arrest.

Larimer County Driving Under Restraint Attorney: What is the Definition?

The Colorado law definition of Driving Under Restraint – C.R.S. 42-2-138 – is:

Any person who drives a motor vehicle or off-highway vehicle upon any highway of this state with knowledge that the person’s license or privilege to drive, either as a resident or a nonresident, is under restraint for any reason other than conviction of DUI, DUI per se, DWAI, or UDD is guilty of a misdemeanor. A court may sentence a person convicted of this misdemeanor to imprisonment in the county jail for a period of not more than six months and may impose a fine of not more than five hundred dollars.

We have come across many clients who have been charged with this crime in Larimer, Boulder, and Grand County, but they did not realize their license had even been suspended. The DMV can suspend a license when a person has gotten too many points in a certain time frame and the notice is sent to the wrong address. Don’t let a simple address mistake run you the risk of jail time. The attorneys from the O’Malley Law Office can help defend you.

[pullquote align=”center” textalign=”center” width=”95%”]Have you been charged with Possession of Weapons by Previous Offenders or Driving Under Restraint? Contact the experienced attorneys from the O’Malley Law Office to defend you today![/pullquote]

Fort Collins Possession of a Weapon by a Previous Offender Lawyer: What is the Definition?

The Colorado law definition of Possession of Weapons by Previous Offenders – C.R.S. 18-12-108 – is:

A person commits the crime of possession of a weapon by a previous offender if the person knowingly possesses, uses, or carries upon his or her person a firearm as described in section 18-1-901 (3) (h) or any other weapon that is subject to the provisions of this article subsequent to the person’s conviction for a felony, or subsequent to the person’s conviction for attempt or conspiracy to commit a felony, under Colorado or any other state’s law or under federal law.

Wow! What a long sentence. It took the government many words to say: you can’t possess a gun if you have a felony conviction.

While the article did not disclose the man’s criminal history, he must have a felony conviction in order to be charged with this crime. In Fort Collins, Loveland, and Estes Park, Possession of a Weapon by a Previous Offender is a class 6 felony, punishable by 12 to 18 months in the Colorado Department of Corrections and up to $100,000 in fines.

If you or someone you love has been charged with Possession of Weapons by Previous Offender or Driving Under Restraint, be smart, exercise your right to remain silent, and contact the best Christian criminal defense lawyers from the O’Malley Law Office at 970-658-0007 today. Together, we can protect your future.