Castle Doctrine Explained

Summary

Colorados Make My Day law permits homeowners to use deadly force if an intruder enters their home and they believe the intruder will commit a crime. Police may release the homeowner based on this law. The district attorney reviews evidence, talks to witnesses, and examines police reports to decide on charges. This process can take from a few weeks to several months. Police can obtain a search warrant quickly if they provide sufficient probable cause to a judge. Investigations can continue even after a persons release.

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I just am wondering why would the police release a person who shot and killed someone who entered their home without permission the same night that the incident occurred without taking them down to jail, not getting a statement, or seeing or speaking to a lawyer?
Hello ****, this might be due to the "Castle Doctrine" or "Stand Your Ground" laws which exist in some states. They permit homeowners to use force, including deadly force, to protect themselves against intruders. However, the application of these laws can vary. Could you let me know which state you're referring to?
Colorado in wheat ridge *
In Colorado, there's the "Make My Day" law which allows homeowners to use deadly force if an intruder enters their home and they believe that person will commit a crime. The police might've released the person based on this law.
So then that person wont be given a court date or be charged with anything ?
In most cases under Colorado's "Make My Day" law, if the homeowner reasonably believed their life was in danger, they won't be charged. However, each case is different and it's ultimately up to the district attorney to decide.
Without a court date how will the da get to discuss or decide the way in which they are wanting to proceed
The district attorney can examine evidence, talk to witnesses, and review the police report to decide on the case. If needed, they can also summon the involved person for discussions. No court date is required for this process.
About how long does it take for this process to happen
The duration of this process can vary greatly, depending on the complexity of the case and the workload of the district attorney's office. It could range from a few weeks to several months.
Could it be a potential possibility that they released them from custody after clearing their house and gathering the evidence be due to the fact they are investigating them or watching them for other things
Yes, it's possible. Investigations can continue even after a person's release. Police or detectives might be gathering more evidence, following leads, or observing potential suspicious activity. However, this varies case-by-case.
Is it legal for the police to obtain a search warrant in less than * hours for a house that a make my day law occurred
Yes, it's legal. The time it takes to obtain a search warrant can vary, but it can be issued quickly if the police provide a judge with sufficient probable cause. They can be obtained any time, day or night.
What are all of the legal procedures and rules of evidence and steps in a make my day law incident in Colorado
In Colorado, the "Make My Day" law has certain procedures:
- Confirm an intruder has unlawfully entered or is trying to enter the dwelling.
- Verify the occupant reasonably believes the intruder might commit a crime.
- Ensure the occupant reasonably believes the intruder might use physical force.
- Police will investigate, collect evidence and may release the occupant.
- District Attorney reviews case and decides about charges.
This is a general process and can vary case-by-case.