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PENALTY FOR VIOLATIONS
Sections:
1.16.010 Definitions.
1.16.020 Penalties designated.
1.16.030 Aiding and abetting.
1.16.035 Liability of corporations.
1.16.036 Liability of an individual for corporate conduct.
1.16.037 Administrative processing fee.
1.16.040 Court costs and fines.
1.16.050 Juveniles.
1.16.060 Deferred prosecution.
1.16.070 Deferred judgment and sentencing.
1.16.080 Protection order against defendant.
1.16.090 Identity theft victims.
1.16.010 Definitions.
Unless the context otherwise requires, the following words where used in this
chapter shall have the meanings and constructions given in this section:
"Accomplice" means any person who knowingly and voluntarily unites
with the principal offender in the commission of any violation, either as a
principal or as an accessory, before, during or after the fact.
"Child" or "Juvenile" means any person under eighteen years
of age.
"Person" means any natural person, firm, association, joint venture,
joint stock company, partnership, organization, club, company, corporation,
business trust, or their manager, lessee, agent, servant, officer or employee
of any of them.
"Violation" means failing to comply with any of the mandatory requirements
of this code or of any other ordinance of the city, including failure to take
affirmative action, or the doing of any act prohibited by this code or by any
other ordinance of the city. (Ord. O-96-44 § 1, 1996; Ord. O-73-90 §
1, 1973; Ord. O-72-107 § 12 (part), 1972; Ord. O-72-25 § 1, 1972).
1.16.020 Penalties designated.
A. Whenever in any section of this code, or of any other ordinance, rule or
regulation of the City, with the exception of Title 10 of the Code entitled
"Vehicles and Traffic," or unless otherwise stated by a specific ordinance,
the doing of any act is required, prohibited or declared to be unlawful, any
person who pleads guilty or nolo contendere, or who is convicted of a violation
of any such section shall, for each offense, be fined in a sum of not more than
one thousand dollars or shall be imprisoned for a term of not more than three
hundred sixty-five days, or shall be both so fined and imprisoned. As part of
such sentence, the court may order restitution to any aggrieved party for actual
damage or loss caused by the offense to which a defendant pled guilty, nolo
contendere, or was convicted. The municipal judge may suspend all or part of
a sentence or fine of any defendant, and/or place him on probation for a period
not to exceed one year.
B. Any person who is convicted of any act prohibited or declared to be unlawful
by any section of Title 10 of this code shall be subject to the following penalties,
which are based on the classification of each offense as set forth in Title
10.
Class Maximum Sentence
1 There are no Class 1 traffic offenses contained
in Title 10 of this code
2 365 days imprisonment or $1000 fine, or both
3 $400 fine, no imprisonment
4 $200 fine, no imprisonment
C. Any child who is convicted of any act prohibited by any ordinance, rule
or regulation of the City, with the exception of Title 10 of the Code entitled
"Vehicles and Traffic," or unless otherwise stated by a specific ordinance,
shall be subject to any penalty or sanction described in Subsection 1.16.020A
except imprisonment. This chapter shall not apply to any child under ten years
of age. Any child who fails to comply with a lawful order of the Municipal Court,
including an order to pay a fine or restitution, may be confined to a juvenile
detention facility operated or contracted by the Department of Human Services.
Any confinement of a child for contempt of Municipal Court shall not exceed
forty-eight hours. The court may require in-home detention for a child who fails
to comply with a lawful order of the Municipal Court. The in-home detention
shall not exceed ten days time and shall be monitored by a designee of the court.
The court may order the costs associated with the in-home detention to be paid
by the child.
D. A defendant who has been granted probation may be required to make restitution
to any aggrieved party for actual damage or loss caused by the offense to which
the defendant plead guilty, nolo contendere, or was convicted.
E. 1. If facts are presented to the court upon application of the city attorney
or the probation division from which it reasonably appears that the conditions
of probation have been violated by any person on probation, the court shall
issue a warrant for the arrest of the person and require that person to be brought
before the court to show cause why the probation should not be revoked.
2. At or prior to the commencement of the probation revocation hearing, the
court shall advise the probationer of his rights pursuant to the Colorado Municipal
Court Rules of Procedure as applicable to the probationer the charges against
him, the possible penalties therefor, and shall require the probationer to plead
guilty or not guilty. There shall be no right to a trial by jury in proceedings
for revocation of probation. If the probationer is in custody, the court may
admit such probationer to bail conditioned upon his appearance before the court
on a day certain. Such bail may be continued from time to time until final order
of the court. If the probationer remains in custody and unable to post bond,
the hearing shall be held within fifteen days after the filing of the complaint,
unless a continuance is granted by the court at the instance or request of the
probationer, or for other good cause found by the court justifying the continuance.
F. 1. At the probation revocation hearing, the prosecution has the burden of
establishing by a preponderance of the evidence the violation of a condition
of probation; except that the commission of a criminal offense must be established
beyond a reasonable doubt unless the probationer has been convicted thereof
in a criminal proceeding. When, in a revocation hearing, the alleged violation
of a condition is the probationer's failure to pay probation fees, court costs,
or restitution, evidence of the failure to pay shall constitute prima facie
evidence of a violation. The court may, when it appears that the alleged violation
of conditions of probation consists of an offense with which the probationer
is charged in a criminal proceeding then pending, continue the probation revocation
hearing until the termination of the criminal proceeding. Any evidence having
probative value shall be received regardless of its admissibility under the
exclusionary rules of evidence if the defendant is accorded a fair opportunity
to rebut hearsay evidence.
2. If at the probation revocation hearing the judge determines that such probationer
is not guilty of a violation of the conditions of probation, the judge shall
enter an order in accordance therewith and forthwith order the probationer's
release, if in custody. If the judge determines that the violation of the conditions
of such probation has been committed, the judge shall either revoke or continue
the probation within five days after the hearing. If probation is revoked and
no sentence has been previously imposed, the court may impose any sentence which
might originally have been imposed. If probation is revoked and sentence has
been previously imposed, the court may vacate the suspension of sentence and
reinstate the sentence originally imposed. Any person who has been admitted
to probation and against whom proceedings for the revocation of probation have
not been commenced within the term of probation shall be conclusively presumed
to have satisfied the sentence or fine imposed. Upon a specific court finding
that a defendant has not fully complied with a court order or that the defendant
has failed to appear during the period of probation or the period of a suspended
or stayed sentence, the court may extend such period not to exceed one year.
(Ord. O-96-44 §§ 2-5, 1996; Ord. O-89-86 §§ 1-5, 1989; Ord.
O-84-87 § 1, 1984; Ord. O-83-83 § 2, 1983; Ord. O-82-54 § 1,
1982; Ord. O-75-96 § 138, 1975; Ord. O-74-72 § 1, 1974; Ord. O-73-90
§ 2, 1973; Ord. O-72-107 § 12 (part), 1972; Ord. O-72-25 § 2,
1972).
1.16.030 Aiding and abetting.
Every person who commits, attempts to commit, conspires to commit, or aids or
abets a commission of any act declared to be in violation of this code or of
any other ordinance of this municipality, whether individually, or in connection
with one or more persons, as a principal or accomplice, is guilty of such offense
and subject to penalty or penalties therefor; and every person who fraudulently
or willfully induces, causes, coerces, requires or directs another to violate
any provision of this code or any other ordinance of this municipality is likewise
guilty of such offense and subject to the penalties therefor. Such penalties
shall be applicable to any child only as set forth in Section 1.16.020(c). (Ord.
O-82-54 § 2, 1982; Ord. O-74-72 § 2, 1974; Ord. O-73-90 § 3,
1973; Ord. O-72-107 § 12 (part), 1972; Ord. O-72-25 § 3, 1972).
1.16.035 Liability of corporations.
A corporation is guilty of an offense if the conduct constituting the offense
is engaged in, authorized, solicited, requested, commanded or knowingly tolerated
by the board of directors or by a managerial agent acting within the scope of
his employment or in behalf of the corporation. As used in this section, "agent"
means any director, officer or employee of a corporation, or any other person
who is authorized to act in behalf of the corporation, and "high managerial
agent" means an officer of a corporation or any other agent in a position
of authority with respect to the formulation of corporate policy or the supervision
in a managerial capacity of subordinate employees. (Ord. O-93-24 § 15,
1993; Ord. O-77-107 § 2, 1977; Ord. O-74-1 § 1 (part), 1974).
1.16.036 Liability of an individual for corporate conduct.
A person is criminally liable for conduct constituting an offense which he performs
or causes to occur in the name of or on behalf of a corporation to the same
extent as if such conduct were performed or caused by him in his own name or
behalf. (Ord. O-74-1 § 1 (part), 1974).
1.16.037 Administrative processing fee.
An administrative processing fee, in an amount set by the Presiding Municipal
Judge, shall be imposed against every person charged with a violation of this
code or any other ordinance of this city who is eligible to pay his fine via
U.S. mail or other process and elects to do so or chooses to pay his fine to
the clerk of the court without first appearing before a Municipal Judge. This
administrative processing fee shall be paid by the defendant in addition to
the fine imposed for the ordinance violation. Only one such administrative processing
fee shall be assessed per each summons and complaint, except a processing fee
shall be assessed for each parking violation charged on a summons and complaint.
(Ord. O-93-68 § 1, 1993; Ord. O-91-21 § 1, 1991; Ord. O-87-66 §
1, 1987).
1.16.040 Court costs and fines.
Upon the rendition of judgment against any defendant for violation of any provision
of this code or of any other ordinance of this city, the Municipal Judge shall
make an order and enter the same upon his docket.
A. When the court imposes a fine upon an individual, the court may direct as
follows:
1. That the defendant pay the entire amount of the fine at the time sentence
is pronounced;
2. That the defendant pay the entire amount of the fine at some designated later
date;
3. That the defendant pay a specified portion of the fine at designated periodic
intervals, in the manner specified by subsection (F) of this section; or
4. That payment of the fine ordered be a condition of probation, if the defendant
is sentenced to a period of probation as well as ordered to pay a fine.
B. In addition to ordering the defendant to pay a fine, the Municipal Judge
shall assess court costs against any defendant who is found guilty or who pleads
guilty or nolo contendere to an ordinance violation; provided, however, that
upon application and a showing of indigency by the defendant, a Municipal Judge
may, in his discretion, adjust the amount of costs or suspend costs entirely,
as authorized by subsection (E) below. The Municipal Judge may order:
1. That the defendant pay the entire sum imposed as court costs at the time
costs are imposed;
2. That the defendant pay the entire amount at some designated later date;
3. The defendant pay a specified portion of the court costs at designated periodic
intervals in the manner specified in subsection (F) of this section; or
4. That court costs be imposed in addition to any conditions of probation, if
the defendant is sentenced to a period of probation.
5. The presiding municipal judge shall prepare and maintain a schedule of court
costs. If court costs are assessed, they shall be assessed by each judge according
to the established court cost schedule.
C. 1. When the court imposes a fine, the sentence shall provide that if the
defendant fails to pay the fine in accordance with the direction of the court,
the defendant shall be imprisoned until the fine is satisfied or the defendant
is released pursuant to subsections (D) and (E) of this section. This provision
shall be included at the time sentence is pronounced. If defendant fails to
pay a fine or costs of suit or both as directed, the court may issue a warrant
for his arrest.
2. Subsection (C)(1) of this section shall not apply to penalties, costs, and
other court fees imposed for traffic infractions. Any failure to pay such amounts
for traffic infractions shall be governed by Chapter 10.76 of this code.
D. 1. When the defendant neglects or refuses to satisfy any fine or costs of
suit or both ordered by the court, the defendant shall be confined to the Jefferson
County Jail or other place of confinement provided for that purpose, subject
to the limitations of subsection (E). of this section, and during such confinement
the defendant may be required to labor upon the streets or to do other work
of the City under the supervision and direction of the municipal court to the
limitations of subsection (E) of this section, and during such confinement the
defendant may be required to labor upon the streets or to do other work of the
city under the supervision and direction of the municipal court.
2. When the fine or costs of suit or both are imposed for a traffic violation
or penal offense, the period of confinement shall not exceed fifteen days.
3. There shall be no imprisonment for failure to pay a fine, a penalty, or costs
of suit imposed for traffic infractions or in those cases in which the possible
sentence does not provide for imprisonment.
4. When a sentence of imprisonment was imposed, the aggregate of the period
of confinement for failure to pay the fine or costs or both and the term of
the sentence shall not exceed the maximum term of imprisonment authorized for
the offense.
E. 1. If a Judge of the municipal court, upon application and a showing of indigency
by the defendant, finds a defendant to be indigent (i.e., without means to pay
the fine or costs or both), the Municipal Judges shall do one or more of the
following:
a. Adjust the terms of payment;
b. Lower the amount of the fine or costs or both;
c. Revoke the order imposing costs of suit;
d. Revoke the portion of the sentence imposing the fine if the sentence consists
of probation or imprisonment and a fine; or
e. Revoke the entire sentence imposed and resentence the defendant. Upon a resentence,
the court may impose any sentence it could have imposed originally, except that
the amount of any fine imposed shall not exceed the amount the defendant is
able to pay.
2. If it satisfactorily appears to the court that an indigent defendant is confined
in jail or in a correctional facility or other place of confinement, for failure
to pay any fine or costs or both for any criminal offense, and has no estate
whatever with which to pay the amount owed, it is the duty of the court to discharge
such person from further imprisonment for the failure to pay. Nothing in this
subsection (E) shall authorize any person to be discharged from imprisonment
before the expiration of the time for which he may be sentenced to be imprisoned
as part of his punishment. The court shall hear without delay any application
made under this subsection (E).
F. 1. If the Municipal Judge orders that the defendant pay the fine or costs
or both imposed in installments, the Judge may order that the amount owed is
payable to the municipal court in equal monthly installments of twenty-five
dollars, or multiples thereof, as may be determined by the court, commencing
on the date of the imposition of the fine or of the order to pay costs or such
date thereafter as the court shall determine, and continuing thereafter until
the amount owed is satisfied in full.
2. If the defendant fails to pay any such monthly installments, the entire balance
of the fine or costs shall immediately be due and payable by the defendant.
3. a. The Municipal Judge upon receipt of a report of any failure to pay a fine
under this section, may issue a warrant for the defendant's arrest and the defendant
shall be imprisoned until the amount owed, either fine or costs or both, is
satisfied in full. The Municipal Judge shall sentence the
defendant to imprisonment in the Jefferson County Jail or other place of legal
confinement for a term not to exceed the limitations set forth in subsection
(D) of this section.
b. Subsection (F)(3)(a) of this section shall not apply to penalties, costs,
and other court fees assessed for traffic infractions. Failure to pay such amounts
for a traffic infraction shall be governed by Chapter 10.76 of this code.
G. In the case of a child, the penalties imposed by this section shall be applicable
only to a child who is convicted of any act prohibited or declared to be unlawful
by any section of Title 10 of the Lakewood Municipal Code. Any other violation
of any provision of this Code or of any other ordinance of the City by a child
shall be subject to the provisions of Section 1.16.020C. and 1.16.050 of the
Lakewood Municipal Code. (Ord. O-2003-11 §§ 1, 2, 3, 2003; Ord. O-2003-6
§§ 1, 2, 3, 2003; Ord. O-96-44 §§ 6, 7, 1996; Ord. O-93-68
§§ 2-4, 1993; Ord. O-91-21 § 2, 1991; Ord. O-87-66 § 2,
1987; Ord. O-86-9 § 1, 1986; Ord. O-84-69 § 1, 1984; Ord. O-82-54
§ 3, 1982; Ord. O-74-72 § 3, 1974; Ord. O-73-90 § 4, 1973; Ord.
O-72-107 § 12 (part), 1972; Ord. O-72-25 § 4, 1972).
1.16.050 Juveniles.
A. The Municipal Judge, upon the conviction of a child for any violation of
any provision of the code or any other ordinance, other than a violation of
any of the provisions of Title 10, "Vehicles and Traffic," of the
Lakewood Municipal Code may, if the evidence warrants, place the child on probation
and as one condition of said probation order the child to attend a counseling
program, to be administered by the court. The Municipal Judge shall have the
authority to establish such programs to be administered under his authority
for the purpose of assisting and counseling children convicted of violating
any provision of this code or any other municipal ordinance.
B. Court records of proceedings concerning a juvenile charged with violation
of the Lakewood Municipal Code or any other ordinance, other than Title 10,
"Vehicles and Traffic," shall be identified as juvenile records and
shall be open to inspection without a court order as allowed by the Colorado
Children's Code, Title 19, C.R.S. A juvenile probation officer's records and
all other reports of social and clinical studies, whether or not part of the
court file, shall not be open to inspection except as allowed by the Colorado
Children's Code, Title 19, C.R.S.
C. The Municipal Judge may order the general public to be excluded from any
hearing, trial or other proceeding involving a child charged with any violation
of the Lakewood Municipal Code, or any other ordinance, other than Title 10,
"Vehicles and Traffic," on its own motion or the motion of any party,
and if the interest of the child so requires, and in such case only such persons
shall be admitted, including persons whom the parents or guardian wish to be
present, as to have a direct interest in the case or in the proceeding before
the court.
D. Upon the request of the municipal court, the City Attorney's office, or the
defendant, the clerk of the municipal court shall issue a subpoena for the appearance,
at any and all stages of the court's proceedings, of the parent, guardian, or
lawful custodian of any child under eighteen years of age who is charged with
a municipal offense.
E. The municipal court shall relinquish jurisdiction over any juvenile upon
an order for such relinquishment duly entered by a District or Juvenile Court
of the State of Colorado having jurisdiction over such child; as evidenced by
a certified copy of such order filed with the municipal court.
F. In addition to any of the provisions specified in this section, any sentence
imposed pursuant to this section may require the juvenile's parent, guardian,
or legal custodian to perform certain acts, so long as the parent, guardian,
or legal custodian is a party to the proceedings, and the parent, guardian,
or legal custodian has received notice of the hearing. The court may require:
1. The juvenile or both the juvenile and his or her parent, guardian, or legal
custodian to perform volunteer service in the community designed to contribute
to the rehabilitation of the juvenile or to contribute to the ability of the
parent, guardian, or legal custodian to provide proper parental care and supervision
of the juvenile;
2. The parent, guardian or legal custodian of a juvenile or both the parent,
guardian, or legal custodian and the juvenile to attend a parental responsibility
training program. The court may make reasonable orders requiring proof of completion
of such training course within a certain time period.
3. The juvenile or both the juvenile and his or her parent, guardian or legal
custodian may be ordered to perform services for the victim, designed to contribute
to the rehabilitation of the juvenile, if the victim consents in writing to
such services. However, the value of the services required to be rendered by
the parent, guardian, or legal custodian of the juvenile under this subsection
shall not exceed the damages as set forth in Section 13-21-107, C.R.S., for
any one ordinance violation.
4. a. After a hearing at which the guardian or legal custodian is present, the
court may order the guardian or legal custodian of the juvenile to make restitution
pursuant to the terms and conditions set forth in this section; except that
the liability of the guardian or legal custodian of the juvenile under this
subsection shall not exceed the damages as set forth in Section 13-21-107, C.R.S.,
for any one ordinance violation. If the custodian of the juvenile has made diligent,
good faith efforts to prevent or discourage the juvenile from engaging in delinquent
activity, the court shall absolve the guardian or legal custodian of liability
for restitution under this subsection.
b. After a hearing at which the parent is present, the court may order the juvenile's
parent to make restitution in a reasonable amount pursuant to the terms and
conditions set forth in this subsection; except that the liability of the parent
under this section shall not exceed five thousand dollars ($5,000.00) for any
one ordinance violation. If the court finds, after a hearing, that the juvenile's
parent has made diligent, good faith efforts to prevent or discourage the juvenile
from engaging in delinquent activity, the court shall absolve the parent of
liability for restitution under this subsection. As used in this subsection,
"parent" has the same meaning as in Title 19 of the Colorado Revised
Statutes.
5. a. Restitution - Juvenile. If the court finds that a juvenile has damaged
the personal or real property of a victim, that the victim's personal property
has been lost, or that personal injury has been caused to a victim as a result
of the juvenile's ordinance violation, the court may enter a sentencing order
requiring the juvenile to make restitution for actual damages done to persons
or property; except that the court shall not order restitution if it finds that
monetary payment or payment in kind would cause serious hardship or injustice
to the juvenile.
b. Such order shall require payment of insurers and other persons or entities
succeeding to the rights of the victim through subrogation or otherwise, if
appropriate. Restitution shall be ordered in a reasonable amount to be paid
in a reasonable manner, as determined by the court.
6. Any restitution or damages ordered under this Chapter 1.16 shall be independent
of any restitution or funds provided to a witness or victim under the provisions
of Chapter 1.17.
7. Failure of the juvenile, parent, guardian, or legal custodian to obey any
order of the court shall subject them to the contempt sanctions of the court.
8. "Victim," as used in this section, means the party immediately
and directly aggrieved by the juvenile, that party's spouse, the party's parent,
sibling, or child who is living with the party, a victim compensation board
that has paid a victim compensation claim, a person or entity who has suffered
losses because of a contractual relationship with such party, including, but
not limited to, an insurer, or because of liability under Section 14-15-707,
C.R.S., or, in the absence of any of the above, the State. (Ord. O-2002-44 §
2, 2002; Ord. O-96-44 § 8, 1996; Ord. O-89-86 § 6, 1989; Ord. O-82-54
§ 4, 1982).
1.16.060 Deferred prosecution.
A. In any case, the court may, prior to trial or entry of a plea of guilty or
nolo contendere and with the consent of the defendant and the City Attorney,
order the prosecution of the offense to be deferred for a period not to exceed
one year. During that time the court may place the defendant under the supervision
of the probation division and conditions may be imposed pursuant to a written
stipulation signed by the defendant, his attorney of record, and the City Attorney,
under which the defendant obligates himself to adhere to such stipulation. Restitution
to the victim of the defendant may be imposed as a condition of the deferred
prosecution.
B. Upon the defendant's satisfactory completion of the deferred prosecution,
the charge against the defendant shall be dismissed with prejudice. If conditions
of the deferred prosecution are violated, the defendant shall be tried for the
offense for which he is charged. The violation of conditions of supervision
shall be determined by a hearing before the court which granted the deferred
prosecution. The burden of proof in such hearing shall be upon the City Attorney
to show by a preponderance of the evidence that a violation has in fact occurred;
except that the commission of a criminal offense must be established beyond
a reasonable doubt unless the defendant has been convicted thereof in a criminal
proceeding. However, if the alleged violation is the failure to pay supervision
fees, court costs, or restitution, evidence of the failure to pay shall constitute
prima facie evidence of a violation. The presiding judge at the hearing may
temper the rules of evidence in the exercise of sound judicial discretion.
C. Upon consenting to a deferred prosecution as provided in this section, the
defendant shall execute a written waiver of his right to a speedy trial. Consent
to a deferred prosecution under this section shall not be construed as an admission
of guilt, nor shall such consent be admitted in evidence in a trial for the
offense for which he is charged. (Ord. O-89-86 § 7, 1989).
1.16.070 Deferred judgment and sentencing.
A. Whenever any person enters a plea of guilty or nolo contendere to the violation
of any ordinance of the city, or of any rule or regulation promulgated thereunder,
the court accepting the plea has the power, upon the written request of the
City Attorney, together with the written consent of the defendant and his attorney
of record, to continue the case for a period not to exceed one year from the
date of entry of such plea for the purpose of entering judgment and sentence
upon such plea of nolo contendere or guilty. During such time, the court may
place the defendant under the supervision of the probation division.
B. Prior to entry of a plea of nolo contendere or guilty to be followed by deferred
judgment and sentencing, the City Attorney is authorized to enter into a written
stipulation, to be signed by the defendant, his attorney of record, and the
City Attorney, under which the defendant obligates himself to adhere to such
stipulation. The stipulation may require the defendant to pay restitution to
the victim of the defendant and/or perform community or charitable work service
projects or make donations thereto as conditions of the deferred judgment and
sentence. Upon full compliance with such conditions by the defendant, the plea
of nolo contendere or guilty previously entered shall be withdrawn and the action
against the defendant dismissed with prejudice. Such stipulation shall specifically
provide that, upon a breach by the defendant of any such condition regulating
the conduct of the defendant, the court shall enter judgment and impose sentence
upon such plea of nolo contendere or guilty. Whether a breach of any condition
has occurred shall be determined by the court without a jury upon application
of the City Attorney or the probation division at any time within the term of
the deferred judgment or within thirty days thereafter. Reasonable notice of
hearing shall be given to the defendant or his attorney of record. Such a hearing
may be held after the last day of the deferred judgment if application for the
hearing is made by the City Attorney or the probation division within the term
of the deferred judgment or within thirty days thereafter. The burden of proof
in such hearing shall be upon the City Attorney to show by a preponderance of
the evidence that breach of a condition has in fact occurred; except that the
commission of a criminal offense must be established beyond a reasonable doubt
unless the defendant has been convicted thereof in a criminal proceeding. If
the alleged breach of a condition is failure to pay supervision fees, court
costs, or restitution, evidence of the failure to pay shall constitute prima
facie evidence of a violation. The procedural safeguards required in a probation
revocation hearing shall apply.
C. When a defendant signs a stipulation by which it is provided that judgment
and sentence shall be deferred for a time certain, he thereby waives all right
to a speedy trial or sentencing as provided by ordinance or rule. (Ord. O-93-24
§ 16, 1993; Ord. O-89-86 § 8, 1989).
1.16.080 Protection order against defendant.
A. The Municipal Judge is empowered to issue a protection order against any person charged with a violation of any of the provisions of Title 9 of the Lakewood Municipal Code, pertaining to domestic violence as defined hereafter, which protection order shall remain in effect from the time that the person is advised of his or her rights at arraignment or the person’s first appearance before the court and informed of such order until final disposition of the action. Such protection order shall restrain the person charged from harassing, molesting, intimidating, retaliating against, or tampering with any witness to or victim of the acts charged. The protection order issued pursuant to this section shall be on a standardized form prescribed by the judicial department and a copy shall be provided to the protected parties.
B. At the time of arraignment or the person’s first appearance before the court, the court shall inform the defendant of any protection order issued pursuant to this section and shall inform the defendant that a violation of such protection order is punishable as the crime of violation of protection order. The court shall state the terms of the protection order issued pursuant to the section, including any additional provisions added pursuant to subsection © of this section, to the defendant on the record and the court shall further require the defendant to acknowledge the protection order as a condition of any bond for the release of the defendant. The prosecuting attorney shall, in such domestic violence cases, notify the alleged victim, and the complainant, and the protected person of the order if such persons are not present at the time the protection order is issued.
C. Nothing in this section shall preclude the defendant from applying to the court at any time for modification or dismissal of the protection order issued pursuant to this section or the city attorney from applying to the court at any time for further orders, additional provisions under the protection order, or modification or dismissal of the same, as set forth in subsection (E) of this section. Upon motion of the city attorney, or on the court’s motion to protect the alleged victim, the court may, in cases involving domestic violence as defined hereinafter, enter any of the following orders against the defendant:
1. An order to vacate or stay away from the home of the alleged victim and to stay away from any other location where the alleged victim is likely to be found;
2. An order to refrain from contact or direct or indirect communication with the alleged victim;
3. An order prohibiting possession or control of firearms or other weapons;
4. An order prohibiting possession or consumption of alcohol or controlled substances; and
5. Any other order the court deems appropriate to protect the safety of the alleged victim.
D. Any person failing to comply with a protection order issued pursuant to this section commits the crime of violation of a protection order as set forth in Title 18, C.R.S. and Section 9.20.050 of the Lakewood Municipal Code.
E. The defendant or the prosecuting attorney may request a hearing before the court to modify the terms of a protection order issued pursuant to his section. Upon such a request, the court shall set a hearing and shall send notice of the hearing to the defendant and the alleged victim. At the hearing, the court shall review the terms of the protection order and any further orders entered and shall consider the modifications, if any, requested by the defendant or the prosecuting attorney. The court on its own motion may modify the terms of the protection order.
F. The duties of the peace officers enforcing such orders issued pursuant to this section shall be in accordance with Section 18-6-803.5, C.R.S. and any rules adopted by the Colorado Supreme Court pursuant to said section.
G. "Domestic violence" means an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. "Domestic violence" also includes any other crime against a person or against property, including an animal, or any municipal ordinance violation against a person or against property, including an animal, when used as a method of coercion, control, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship.
H. “Intimate relationship” means a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time.
I. “Until final disposition of the action” means until the case is dismissed, until the defendant is acquitted, or until the defendant completes his or her sentence. Any defendant sentenced to probation or incarceration shall be deemed to have completed his or her sentence upon discharge from probation or incarceration, as the case may be. (Ord. O-2007-28 § 1, 2007; Ord. O-2004-35 §1, 2004; Ord. O-98-35 § 1, 1998; Ord. O-96-44 § 9, 1996).
1.16.090 Identity theft victims.
A.1. A person whose identifying information has been mistakenly associated with an arrest, summons, summons and complaint, or conviction is a victim of identity theft for the purposes of this section.
2. If a criminal charge is not pending, a victim of identity theft may, with notice to the municipal prosecutor, petition the municipal court with jurisdiction over the arrest, summons, summons and complaint, or conviction to judicially determine the person’s factual innocence. Alternatively, the municipal court, on its own motion, may make such a determination in the case. If a criminal charge is pending, the municipal prosecutor may request the court to make such a determination. A judicial determination of factual innocence made pursuant to this section may be determined, with or without a hearing, upon declarations, affidavits, or police reports or upon any other relevant material, reliable information submitted by the parties and records of the court.
3. If the municipal court determines that there is no reasonable cause to believe that a victim of identity theft committed the offense for which the victim’s identity has been mistakenly associated with an arrest, summons, summons and complaint, or conviction, the municipal court shall find the victim factually innocent of that offense. If the victim is found factually innocent, the court shall issue an order certifying this determination.
B. After the municipal court has determined that a person is factually innocent, the court may order the name and associated identifying information contained in court records files, or a criminal justice record to be labeled to show that the information is not accurate and does not reflect the perpetrator’s identity because the victim of identity theft was impersonated.
C. Any municipal court that has issued a determination of factual innocence pursuant to this section may at any time vacate that determination if the petition, or information submitted in support of the petition, contains a material misrepresentation or fraud. If the court vacates a determination of factual innocence, the court shall issue an order rescinding any orders made pursuant to this section.
D. For the purposes of this section:
1. “Biometric data” means data, such as fingerprints, voiceprints, or retina and iris prints that capture, represent, or enable the reproduction of the unique physical attributes of an individual.
2. “Identifying information” means information that, alone or in conjunction with other information, identifies an individual, including but not limited to such individual’s:
a. Name;
b. Address;
c. Birth date;
d. Telephone, social security, taxpayer identification, driver’s license, identification card, alien registration, government passport, or checking, savings, or deposit account number;
e. Biometric data;
f. Unique electronic identification device;
g. Telecommunication identifying device;
3. “Telecommunication identifying device” means a number, code, or magnetic or electronic device that enables the holder to use telecommunications technology to access an account; obtain money, goods, or services; or transfer funds. (Ord. O-2006-21 § 1, 2006).
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