The phrase weapons charges encompass many criminal violations, including assault with a deadly weapon, possession of a weapon by a previous offender (POWPO), charges involving concealed weapons, and even some drug crimes where a weapon may have been involved or even merely present.
If a gun or other weapon was involved in the case, the consequences of the crime are increased dramatically. One example is Colorado’s Special Offender law, which provides that when a drug offense is committed and a deadly weapon also is present on the defendant’s person or within his immediate reach during the commission of said drug offense, or when the defendant or his confederate possess a firearm either to which they had access to that firearm in a manner posing a risk to others or simply is present in a vehicle during the commission of a drug offense, then special offender charges can be brought against said defendant. Special offender charges constitute a class 2 felony, and thus are a very serious matter.
Even if a crime is not being committed, possession of a deadly weapon by a prior offender also is a very serious offense. A person commits the crime of POWPO when they knowingly use, possess, or carry upon his or her person a firearm, subsequent to their conviction for a felony, in any state, including Colorado. These charges are serious and can be brought alongside charges such as robbery or drug charges. One possible defense to a POWPO charge is possession of a firearm at the defendant’s home for purposes of self-defense.
When a juvenile is arrested in Colorado, the child may be released to a parent or responsible adult, referred for detention screening, or held for a prompt detention hearing. If the child remains in custody, the hearing generally must occur within 48 hours, excluding Saturdays, Sundays, and legal holidays. The district attorney then decides whether to file a delinquency petition, offer diversion, or decline to prosecute formally. Decisions made during
Short answer: A Denver arrest does not automatically create a Colorado extreme risk protection order. However, allegations or evidence connected to the arrest can prompt an eligible person or agency to file a separate civil ERPO case. That case may move much faster than the criminal charge.
Police reports, witness accounts, alleged threats, statements about self-harm, and information about firearm access may all become relevant to an ERPO petition. The
A report from a mandatory reporter does not automatically mean a parent will be arrested, charged with a crime, or separated from a child. The report is routed to the appropriate Colorado county for screening. The county may screen it out, assign it to a family-focused or high-risk assessment track, or coordinate with law enforcement when the allegations may involve a crime or an immediate safety concern.
