Facing criminal charges in Colorado? Free consultation, available 24/7.

(719) 259-2012
237 connections
Legal concept

Probable Cause

The legal standard of reasonable grounds to believe a crime has been committed, required for arrest or search.

What Right Law Group attorneys say

From the moment that call comes in, though, it's completely out of his hands, because once law enforcement is aware of an alleged domestic violence incident, they have to take action, they are legally not allowed to just look the other way. So if they believe that there's probable cause for a domestic violence incident, even if the husband is begging them not to charge his wife or take her to jail, he doesn't get a say.
Alexis Austin Litle · Why Am I Being Charged With DV If The Named Victim Wants The Case Dropped? // Right Law GroupWatch clip ↗
once law enforcement is aware of an alleged domestic violence incident, they have to take action, they are legally not allowed to just look the other way.
Alexis Austin Litle · Why Am I Being Charged With DV If The Named Victim Wants The Case Dropped? // Right Law GroupWatch clip ↗
What we have in Colorado is what's called a mandatory arrest law. So, when there is an act of domestic violence committed, there is a mandatory arrest. However, this is where it gets tricky for law enforcement officers. The law does not state that you must make an arrest no matter what.
Alexis Austin Litle · Right Law Group's Criminal Defense Attorney, Alexis Austin, Explains Domestic Violence ChargesWatch clip ↗
Anytime you're charged with a domestic violence crime or the court believes that there's probable cause for domestic violence crime, they're going to require you to complete a firearm affidavit. What that means is that you have to sign a form that says you either own no firearms or that you've relinquished this firearm or transferred it to another individual.
Zoe Levesque · Domestic Violence Charges in Colorado: Mandatory Gun Surrender ExplainedWatch clip ↗
Anytime you're charged with a domestic violence crime or the court believes that there's probable cause for domestic violence crime, they're going to require you to complete a firearm affidavit.
Zoe Levesque · Domestic Violence Charges in Colorado: Mandatory Gun Surrender ExplainedWatch clip ↗
From there, if an officer believes that they have probable cause to make an arrest, um they will arrest the person with a DUI. Um and at that point, express consent takes effect. So, in Colorado, express consent is the idea that by driving in the state of Colorado, you've already consented to a chemical test of your blood or your breath.
Gannon Becker · DUI Evidence in Colorado | How Prosecutors Build Cases Against YouWatch clip ↗
View all 22 clips ›

Frequently asked questions

5 “Common” Police Mistakes That Get Your DUI Dismissed

Right Law Group's guide explains: "If you have been arrested for DUI, the first thing that people want to know is how can I get my DUI dismissed. Facing a DUI charge in Colorado can be scary and overwhelming."

Source · Read guide
5 Possible Defenses for a Domestic Violence Case

Right Law Group's guide explains: "When emotions run high in an altercation between spouses or relatives, things can quickly escalate into a domestic violence charge ."

Source · Read guide
7 Things You Need To Understand About Dealing With The Police

Right Law Group's guide explains: "When dealing with the police, there are several things you should keep in mind in order to help keep the interaction from escalating."

Source · Read guide
Anytime you're charged with a domestic violence crime or the court believes that there's probable cause for domestic vio...

Zoe explains: "Anytime you're charged with a domestic violence crime or the court believes that there's probable cause for domestic violence crime, they're going to require you to complete a firearm affidavit. What that means is that you have to sign a form that says you either own no firearms or that you've relinquished this firearm or transferred it to another individual. That's just because whenever you're under investigation for a domestic violence crime or charged with one, you're not allowed to possess a firearm. If you don't comply with this affidavit or if the prosecution is able to find out that you were lying on this affidavit, you can face new charges such as a violation of protection order or other charges and consequences if you don't complete the firearm affidavit or if you're not complying with it."

Answered by Zoe Levesque · Watch clip
Bail And Pretrial Release

Right Law Group's guide explains: "Bail and Pretrial Release // Right Law Group When arrested and charged with a crime, your Fourth Amendment right requires you to obtain an initial appearance before a district court judge within 48 hours."

Source · Read guide
Can Someone Drop Domestic Violence Charges in Colorado?

Right Law Group's guide explains: "Colorado has extremely strict laws regarding domestic violence. It does not matter if it was your significant other, a neighbor, or another person who made the call; if the authorities believe there is evidence of a violent domestic dispute, they will make an arrest ."

Source · Read guide
Can You Be Charged With DUI Without Evidence?

Right Law Group's guide explains: "Being charged with DUI amounts to a very stressful situation. The fines and penalties of a conviction are harsh, and the social consequences can be even more challenging."

Source · Read guide
Resisting Arrest Lawyer

Right Law Group's guide explains: "If you or someone you love has been accused of resisting arrest, feeling anxious and overwhelmed is entirely understandable."

Source · Read guide
Colorado Criminal Law Guide – Searches Of Your Car

Right Law Group's guide explains: "Being pulled over can be a scary experience. Out of fear, you cooperate and comply with the officer’s requests. But what if the officer asks to search your vehicle?"

Source · Read guide
colorado law says that the police must make an arrest if there's a probable cause in a db case

Alexis explains: "colorado law says that the police must make an arrest if there's a probable cause in a db case"

Answered by Alexis Austin Litle · Watch clip
Disorderly Conduct Lawyer

Right Law Group's guide explains: "Facing disorderly conduct charges in Colorado? At Right Law Group, our experienced disorderly conduct defense lawyers are ready to help you."

Source · Read guide
Constructive Possession: When Drugs Aren’t Actually Yours

Right Law Group's guide explains: "“Those aren’t mine. ” Police hear this phrase hundreds of times a day in Colorado. Sometimes it’s true. Sometimes it’s a desperate lie."

Source · Read guide
Criminal Mischief in Colorado: How a Moment of Frustration Can Threaten Your Future

Right Law Group's guide explains: "A flash of anger, a slammed door, or a tossed phone. In the heat of a high-stress moment, property sometimes gets broken."

Source · Read guide
Criminal Procedure in Colorado

Right Law Group's guide explains: "Criminal procedure in Colorado can be complicated and incredibly difficult to manage on your own. People will say that it is our actions that define us, but the fact of the matter is, that’s only partially true."

Source · Read guide
Defending Against a Wrongful DUI Charge: Your Options

Right Law Group's guide explains: "The consequences of being charged with a DUI can be debilitating. From fines to jail time, having any kind of criminal record can haunt you long after the incident has passed."

Source · Read guide
Domestic Violence in Colorado: Is Domestic Violence a Felony Charge?

Right Law Group's guide explains: "Domestic violence is a serious crime. It can be physical, sexual, emotional, economic, or psychological actions that impact the other partner in a relationship."

Source · Read guide
Drug Paraphernalia Charges in Colorado: What Items Can Get You Arrested?

Right Law Group's guide explains: "Under C. R. S. § 18-18-428, it’s illegal to possess any item that you know or should reasonably know could be used to consume, store, measure, or distribute controlled substances."

Source · Read guide
Drugs Found at Home – Who Gets Charged?

Right Law Group's guide explains: "Imagine police knocking at your door, claiming to have discovered drugs on the property. Before you know it, an officer states, “You’re under arrest for possession."

Source · Read guide
DUI Blood Tests Legal Rights and Consequences

Right Law Group's guide explains: "Understanding your rights and the potential consequences is crucial. This article aims to shed light on the complex world of Colorado DUI blood tests."

Source · Read guide
DUI Defense: 20 Ways To Beat A DUI in Colorado (As Told By A DUI Lawyer)

Right Law Group's guide explains: "How to Beat A DUI In El Paso, Douglas, Arapahoe and Surrounding Counties Stuck dealing with a DUI arrest and wondering how to beat a DUI in Colorado?"

Source · Read guide
DUI Plea Bargain: How to Get A DUI Reduced to Reckless Driving

Right Law Group's guide explains: "DUI Plea Bargain: How to Get A DUI Reduced to Reckless Driving Should I take a DUI Plea Bargain? Pleading guilty can have lasting consequences, so before you take a deal, talk to an attorney."

Source · Read guide
During a DV incident, once the police arrive, someone is probably going to jail.

Alexis explains: "During a DV incident, once the police arrive, someone is probably going to jail. Arrest is mandatory if the police believe they have probable cause."

Answered by Alexis Austin Litle · Watch clip
Facing a Preliminary Hearing? Everything You Need To Know About Prelims

Right Law Group's guide explains: "If you are navigating the legal system and facing criminal charges , you may find yourself overwhelmed by the process. There can be many steps involved, and each stage comes with its own expectations, rules, and responsibilities."

Source · Read guide
From the moment that call comes, though, it's completely out of his hands, because once law enforcement is aware of a...

Alexis explains: "From the moment that call comes in, though, it's completely out of his hands, because once law enforcement is aware of an alleged domestic violence incident, they have to take action, they are legally not allowed to just look the other way. So if they believe that there's probable cause for a domestic violence incident, even if the husband is begging them not to charge his wife or take her to jail, he doesn't get a say."

Answered by Alexis Austin Litle · Watch clip

Each answer links directly to the source where a Right Law Group attorney addressed this question.

24 answers grounded in Right Law Group sources

Related charges

Related concepts

What clients say

The situation

Got into a DV case because of an ex I let back in the home and made my life very hard

What changed

he fought hard for me

The result

they dismissed the whole case

Jacob D. Gannon Becker★★★★★Google verified
What changed

their belief of my side and story and their knowledge in the legal system they were able to get my case dismissed

The result

get my case dismissed

Cristina W. Zoe Levesque★★★★★Google verified
View all testimonials ›

Related blog posts and resources