Jason Hogan is Actually Innocent: A Case of Misidentification: Unlawful Arrest

The case against Mr. Hogan was predicated on an unlawful arrest warrant rendering the court without personal jurisdiction over Mr. Hogan. For alleged criminal causes of action the procedure to be followed is procedurally outlined in C.R.S. §16-3-108; and in Colorado Criminal Procedures Rule 4.2. In accordance with these provisions, the facts may only be established for court consideration by and through an arrest warrant affidavit. The affidavit must include the accused's name, relate facts sufficient to establish probable cause that an offense has been committed and probable cause that a particular person committed that offense.

In the case against Mr. Hogan, the state violated both statue and rule as the arrest warrant was unsupported by any sworn affidavit, nor containing any facts that a crime was committed, or probable cause that Hogan committed an offense. In fact Hogan's name wasn't even on the warrant whatsoever. (See Arrest Warrant below).

Without the requisite affidavit, the arrest warrant and arrest were unauthorized by law rendering all subsequent court procedures and judgment void for want of personal jurisdiction. Therefore, because the state never obtained a valid arrest warrant, and subsequently arrested Hogan without establishing probably cause, the court never obtained personal jurisdiction over Hogan rendering all subsequent actions void.