If you or a loved one is facing a challenging situation regarding the Colorado Red Flag Law, you may be feeling overwhelmed and unsure of where to turn for help. The Colorado Red Flag Law allows for the temporary seizure of firearms from individuals who pose a danger to themselves or others. This delicate legal matter requires a strong and experienced defense.
At the Law Office of Kimberly Diego, we understand the emotional stress that comes with these circumstances, and we are here to provide you with the compassionate guidance and effective defense you deserve. Contact us today to discuss your case, and let us protect your rights.
What Is Colorado’s Red Flag Law?
Enacted in 2020, Colorado’s Extreme Risk Protection Orders (ERPOs) allow a judge to temporarily restrict someone’s access to firearms if they’re deemed a danger to themselves or others. These orders can be filed by law enforcement officers, family or household members, roommates, or mental health professionals in some cases. There are two types of orders: Temporary ERPO, which can be issued without the subject’s presence, and Full ERPO, which is issued after a court hearing. These orders can last up to 364 days and can be extended.
How the ERPO Process Works
The ERPO process involves several steps. First, a petitioner files for a Temporary ERPO, and the judge may issue the order ex parte, without notifying the subject. Once the order is granted, law enforcement can immediately seize firearms. A hearing is then scheduled within 14 days to determine whether to issue a longer-term ERPO. The accused has the right to contest the petition at the hearing, and failing to respond or appear may result in a year-long firearm restriction.
Defending Against an ERPO Petition
If you’re facing an ERPO petition, you need to mount a strong defense. There are several ways to defend against an ERPO petition:
- Challenge the evidence: Petitioners must show clear and convincing evidence that you pose a danger, but this can be disputed. Our experienced Denver, Colorado criminal defense attorney can help you review the evidence and find weaknesses to challenge.
- Cross-examine the petitioner: Showing any motive, exaggeration, or history of conflict that may have influenced the petitioner’s claims is imperative. By cross-examining the petitioner, you can reveal any inconsistencies or ulterior motives.
- Demonstrate lack of risk: Presenting evidence of stability, compliance with the law, mental health treatment, or peaceful behavior can help demonstrate that you do not pose a risk to yourself or others.
- Expose procedural errors: If law enforcement or the court violated your rights during the seizure or notice process, this may be grounds to dismiss the ERPO. Our Denver criminal defense attorney can identify and challenge any procedural errors.
At the Law Office of Kimberly Diego, we are dedicated to crafting a robust, fact-based defense to safeguard your Second Amendment rights and challenge unjust Emergency Risk Protection Orders (ERPOs). We will guide you through the process and ensure your voice is heard.
What Happens If an ERPO Is Granted?
If an ERPO is granted, there are several significant consequences to be aware of. All firearms must be surrendered to law enforcement or a licensed dealer. You may be prohibited from purchasing or possessing any new firearms. Violating the order can result in criminal charges and potential jail time.
In addition, ERPOs can be renewed annually unless successfully contested in future hearings. Furthermore, your name may be entered into background check systems, affecting job opportunities and professional licenses.
Can You Get an ERPO Reversed or Terminated Early?
Fortunately, Colorado law allows you to petition the court once during the ERPO period for a termination hearing. To successfully reverse or terminate an ERPO, you must demonstrate that you no longer pose a risk. Your Denver criminal defense lawyer can do this by presenting compelling evidence and witness testimony. Timing and legal strategy are key, so let the Law Office of Kimberly Diego guide you through the process and fight for the early reinstatement of your gun rights.
Why You Need a Denver Criminal Defense Lawyer for an ERPO
ERPOs involve civil court proceedings, but the consequences are severe and long-lasting. As such, you will want to have a seasoned ERPO defense attorney by your side. At the Law Office of Kimberly Diego, we understand the intricate Colorado legal landscape and are well-equipped to navigate hearings, challenge evidence, and protect your constitutional rights. Your lawyer will advocate for your side at the hearing, dispute false or misleading claims, and protect you from related criminal exposure.
Are You Facing an ERPO? Contact A Denver, CO Attorney Today
If someone has filed a red flag petition against you, time is critical—you may lose your gun rights without ever telling your side of the story. Don’t face an ERPO hearing alone. The consequences can be permanent, but they are defensible with the right legal strategy. Contact the Law Office of Kimberly Diego today at (720) 257-5346 or contact us us online for a confidential consultation and let us protect your rights.
