The Colorado Court of Appeals issued its opinion in People v. Fallis on Thursday, June 4, 2015.
Bond Conditions—Right to Parent.
A Weld County grand jury indicted petitioner for second-degree murder of his wife. The trial court released petitioner on bond. One of the bond conditions was that petitioner remain in Colorado during the pendency of this criminal case. Petitioner filed a motion to reconsider the bond condition, which was denied.
On appeal, petitioner argued that the trial court transgressed on his presumption of innocence in setting the bond condition and unconstitutionally interfered with his right to parent his children, who reside in Indiana. The court did not treat petitioner as guilty of the charged offense; instead, the court properly considered the nature of the charged offense and the penalty that would be imposed if he was found guilty beyond a reasonable doubt. Further, the court did not limit petitioner’s right to parent his children. Any such restrictions arise from circumstances outside the trial court’s control: petitioner’s decision to move himself and his children to Indiana after his wife’s death, and the temporary decision of an Indiana court prohibiting the children from being removed from Indiana. Accordingly, the court did not abuse its discretion in imposing the bond condition. The petition for review of the bail order was dismissed.