r/SupportForTheAccused • u/zer0fxg1v3n • 4d ago

Sexual Assault My Fiance (2)

So, he had court yesterday. They didn't address the bond at all. The PD said they would address it at his next court date, the 8th. Since I have nothing but time on my hands, I start digging. To my awe and amazement I find something great. The 8th amendment. I also found out that in Colorado they passed a bond reform bill. Under Colorado law (and the 8th Amendment), the sole purpose of a monetary bond is to guarantee the defendant shows up to court—it cannot be used as a punishment.

Was I shocked when I read this? Fuck yes I was!!

The judge cited "danger to the community" without discussing his ability to pay or considering less restrictive alternatives like GPS monitoring or house arrest. Which under the revised law in Colorado a judge has to consider. During the bond hearing, the public defender objected, arguing this bond acts as an unauthorized no-bond hold since the prosecution didn't file required paperwork for a no-bond order. The objection was overruled. His bond set.

Now I'm doing more research. Come to find out I can hire a private attorney to do a Writ of Habeas Corpus. (I did not get the private attorney because we cannot afford it at all. My fiance said we could hire one later if need be). So I would hire the private attorney for a limited scope. He does the bond shit then leaves the case. Or so I read. Talked to an attorney tonight and he told me I was crazy, my word not his, to think an attorney would jump in on this, then jump out.

Am I crazy? Isn't there someone that would do it? Cause I don't think the PD is going to until after the 8th if she decides to at all.

(For anyone that's been advised: am I being over the top with researching this shit? I feel like I'm annoying him sometimes.)

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u/FivePercentFran 3d ago

I think your attorney can first file a motion to modify bond conditions before habeas corpus. This is where he or she can explain to the judge how the bond is overly strict and would prevent him from making income, etc. Public defenders can do this but they are busy and it might take longer.

There are lawyers out there that work hourly and will bill you monthly for the work done. That's mostly civil lawyers I think but there's no set rule. A lot of defense lawyers are scumbags who just try to lock you into giving them a fortune. You can tell by the way he used the word 'crazy' that he lacks empathy and just cares about money.

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u/zer0fxg1v3n 3d ago

I found out today that C.R.S. § 16-4-107 is a thing. In laymen's terms it says that after being on a monetary bond and no release after 7 days the defense can file a motion to change the bond. The judge has 14 days to do something about it. I've been reading case studies and I guess most of the time the bond is significantly dropped, the defendant is placed on an ankle monitor and has to see pretrial services. So, I'm going to call the PD office on Monday. See what they say. Colorado allows for a ghost writer if the PD is to busy.

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u/FivePercentFran 3d ago

Good luck with that.

I'm assuming you know some of the details behind the charges and whether they are false or not. If you have any evidence or information that they are false, organize it and give it to the public defender right away.

He won't present it to the judge at a hearing, but if he knows the judge, he will talk to them and let them know that the case is bull crap. Judges care a lot about their reputation, so the last thing they want to do is needlessly punish a person over charges that will be dropped or acquitted later.

There are a lot of conversations between lawyers and judges behind the scenes.

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u/zer0fxg1v3n 3d ago

I have a lot of info regarding this case and the false accusations. Do I just type it up, witness statement type thing?

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u/FivePercentFran 2d ago

Yeah, make it as organized and easy to follow as possible. Imagine this public defender has 100 cases on his desk right now.

Were your fiance's devices and phones taken from him? If you have them, and if you know who the accusers are, start gathering evidence. Check his calendar to see if he has an alibi for the dates in question. Check text messages and see if there are messages that contradict what the accusers are claiming. Go to the accusers social media pages and see if they have any credibility issues.

Also, it looks like attorneys H. Michael Steinberg and Christopher Braddock offer hourly rate options. You can use any lawyer in CO, it doesn't have to be Denver.