Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
Gun Laws » Can I have guns in my home if I'm on probation in Colorado?
Defendants on probation for a Colorado felony or class 1 misdemeanor may not possess a gun. In most cases, this means they may not have a gun in their home. A defense attorney can ask the judge to make an exception if the gun belongs to someone else and is locked away so it is inaccessible to the defendant, but chances are the judge will not agree.
Defendants on probation for class 2 or 3 misdemeanors or petty offenses might be able to keep a gun in their home depending on the specifics of their case. The judge should specify whether the defendant is ordered to give up their weapons. For instance, defendants on probation for a domestic violence-related offense are not allowed to possess guns and probably would not be allowed to live somewhere with guns.
When a gun owner is charged with a crime in Nevada, the gun owner is advised to retain an attorney to try to get the charges dismissed or reduced to a misdemeanor that does not jeopardize his/her rights to possess a gun. Otherwise, the gun owner will probably be forced to surrender all his/her firearms and avoid possessing firearms for the rest of his/her life. And as discussed below, even momentarily possessing a gun while being a convicted felon is another felony crime that potentially carries several years in prison.
The following people are legally prohibited from possessing guns in Colorado:
Colorado Revised Statutes 18-12-108 C.R.S. prohibits people who have been convicted of felonies to then possess guns. This crime is called “possession of a weapon by a previous offender” in Colorado, abbreviated “POWPO.”
Being a felon in possession of a firearm in Colorado is a class 5 felony, carrying:
A second or subsequent POWPO conviction is a class 4 felony, carrying:
The most effective defense to a Colorado POWPO charge turns on the facts of the case. Some common strategies include the following:
Michael Becker has over a quarter-century's worth of experience as an attorney and more than 100 trials under his belt. He is a sought-after legal commentator and is licensed to practice law in Colorado, Nevada, California, and Florida.
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