Mar 04

Juvenile Crime Law in Denver Sex Crime Cases

Learn more about juvenile crime law in Colorado.

Image Credit: Pixabay – geralt

As a parent, I understand just how important it is for kids to take responsibility for their actions. Holding your children accountable is usually a good thing. Unfortunately, this isn’t the case when it comes to sex crime cases in Denver, Arapahoe, and Jefferson County. Juvenile criminal law can be harsh, with long-term consequences for juvenile adjudications. And, legislation has made it hard for people who committed a crime in their teens to seal or expunge their record – even if they have gotten their life back on track. Let’s take a moment to look at what I mean.

Expungement: How Juvenile Criminal Records are Sealed or Expunged

Juvenile records are expunged, not sealed. An expert lawyer will be able to offer insight into your child’s case.

First, it’s important to understand that people under the age of 18 aren’t convicted of a crime, they are adjudicated. This means they will face less severe consequences, and will be treated in the criminal justice system as juveniles vs. adults. When a juvenile is adjudicated for a crime such as Public Indecency, (which isn’t a sex offense) they will have to wait 1 year after they have successfully completed probation in order to expunge their record. If a juvenile was adjudicated for a juvenile sex offense such as Unlawful Sexual Contact or Invasion of Privacy for Sexual Gratification, they will only be able to seal their record if they received a deferred adjudication. If your child has been charged with a crime, it is important to consult a knowledgeable juvenile criminal defense attorney in Adams, El Paso, and Douglas County who can advise you as to the best step for your child’s future.

Bottom Line: Don’t Let Your Child Talk to the Police

Remaining silent will protect your child’s future – don’t let them talk to the police.

As parents, it’s easy to live by the rule that it’s important for our children to confess to their bad behavior. This is a good parenting practice, but you need to ignore it if your child has been charged with a crime. Confessing anything to the police can be devastating to your child’s future – this is especially true if they are not represented by a skilled criminal lawyer. Before law enforcement can talk to your child, they must first get parental consent. Ignore your parenting advice and don’t allow your child to speak with anyone about their case. Help your child exercise their right to remain silent – this will protect their future and is the best way to help your child. District Attorneys have the legal burden of proof. It can be difficult for them to even take a case to trial if there isn’t enough evidence. This is why they want to speak with your son or daughter – they want to gather evidence or get a confession to use against them at trial. Thus, there is no reason your child should speak with them. A confession or other admission of guilt is devastating and will greatly affect your child’s opportunity to work out a favorable plea agreement.

Your Child’s Future is at Stake in Denver and Across Colorado

If your child has been contacted by the police or charged with a crime, it is vital that you contact an aggressive juvenile crime defense lawyer to defend them in court. This is especially true when it comes to sex crimes, because adjudication would mean they wouldn’t be able to seal their record in the future. Don’t let your child spoil their future while they’re still young – protect their future by hiring an affordable lawyer who will stand by their side in the courtroom. Avoid long-term consequences of bad behavior, and get your child the help they really need, instead of simply damaging their future. Here at the O’Malley Law Office, we fight to win and we care about your teen.

If your son or daughter has been charged with a crime, be smart, exercise your child’s right to remain silent, and contact an experienced juvenile crime defense attorney at the O’Malley Law Office for a free consultation at 303-830-0880. Together, we can protect your child’s future.

Mar 02

Special-Ed Teacher Removed from School after Hugging Student

A special ed teacher has been banned from the classroom.

Image Credit: Pixabay – Pezibear

Overly broad laws and definitions hurt good people in Denver, Arapahoe, and Jefferson County. Often, in an effort to protect children, District Attorneys and legislators end up hurting the kids they’re trying to help. A perfect example is a recent article I read about a special education teacher who has been barred from being near children, and is on paid leave under suspicion of “inappropriate behavior.” The behavior in question is ridiculous – the teacher gave an autistic boy a hug when asked. Obviously, this man shouldn’t be removed from the classroom – but overly broad laws and touchy DAs create the perfect atmosphere for good people to be hurt.

Is Hugging Illegal? Special Education Teacher Banned from Classroom

The special education teacher had worked at the school for 16 years before being put on paid leave. Officials have also barred him from being near children, and the police are investigating “repeated acts of inappropriate behavior,” and looking into whether or not there were other “victims.” All of this, because the teacher hugged an 8-year-old autistic boy who asked for a hug. The teacher spoke in his defense, saying he has been trained when working with special needs children, and when a:

“…student asks for a hug, you give a hug. I admit completely that I hugged him and let him sit in my lap when he said ‘sit.” I picked him up when he said ‘up.’ This is a child that needs that physical contact.”

physical contact.”

The child’s mother fully supports the teacher’s actions. So, why is this veteran teacher being treated as if he did something wrong? Government workers often make something out of nothing in order to create work to justify their existence.  Sexual Assault on a Child by a Person in a Position of Trust is often charged throughout Colorado, in Adams, Douglas, and El Paso County. Let’s look at the details of this sexual offense.

Sexual Assault on a Child – Position of Trust

Sexual Assault on a Child by a Person in a Position of Trust – C.R.S. 18-3-405.3, is charged whenever someone in a “position of trust,” such as a teacher, babysitter, parent, or coach has sexual contact with a child under the age of eighteen. Now, you might think this is a great law to have in place – after all, teachers shouldn’t be having sexual contact with their students. But, you need to take a closer look at the definition of ‘sexual contact’ so you can see just how broad this crime really is. ‘Sexual contact’ is defined under statute C.R.S. 18-3-401 as:

“…the knowing touching of the victim’s intimate parts…or the knowing touching of the clothing covering the immediate area of the victim’s or actor’s intimate parts if that sexual contact is for the purposes of sexual arousal, gratification, or abuse.”

Again, this definition seems as if it is wise. But, when you look at the definition of ‘intimate parts,’ you realize just how easy this crime is to commit. ‘Intimate parts’ is defined as:

“…the external genitalia or the perineum or the anus or the buttocks or the pubes or the breast of any person.”

Put simply, you can be charged with Sexual Assault on a Child by a Person is a Position of Trust if you touch the clothed butt or chest of any person under the age of 18, and are in a position of authority. The District Attorney will need to prove the contact was for the purpose of sexual gratification, abuse, or arousal, but as you can see with the special education teacher’s situation, it’s not difficult for DAs to make stories up.

Why You Need a Lawyer for Position of Trust Charges

Unfortunately, there aren’t enough treatment providers in the Department of Corrections.

Sexual Assault on a Child by a Person in a Position of Trust is a sex offense in Colorado, which is subject to indeterminate sentencing, sex offender registration, and sex offender treatment. If convicted of this crime, you would be sent to prison for an indeterminate amount of time – such as 4 years to life. Your release would be determined based on completion of sex offender treatment overseen by the Sex Offender Management Board. Unfortunately, there aren’t enough treatment providers at the Department of Corrections, so you would likely spend years in prison. People often believe that teachers and other people in positions of authority who have been convicted of sex assault are terrible people. In fact, they could just be doing their job and have an angry child or parent report untruths to the police. People also make mistakes, but then are overcharged and made an example by District Attorneys. Regardless of your situation, if you have been accused of inappropriate behavior with a child and you are in a position of trust, you need to contact an aggressive criminal defense attorney to defend you in the courtroom. Don’t stand alone – work with a hard-hitting lawyer at the O’Malley Law Office who fights to win.

If you or a loved one has been contacted by the police regarding a sex offense involving kids, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office for a free consultation at 303-830-0880. The attorneys at our office also provide jail visits to the Denver County jail – contact us 24/7 to set up a visit.
Together, we can protect your future.

Feb 27

Sex Act at a Concert: Illegal in Denver Area

A couple had sex at a concert - in Colorado, this is illegal.

Image Credit: Pixabay – Unsplash

I read about an unusual occurrence the other day in the news. Apparently, a couple engaged in a sex act at a rock concert. The thing that stood out to me, however, was that the couple wasn’t arrested for their behavior. The tavern where the concert was held did throw them out, but at the time, the sheriff’s department was only looking into the situation. This concert wasn’t held in Colorado, but if it was, the couple most certainly would be arrested for Public Indecency or Indecent Exposure. The latter crime is a sex offense in Denver, Arapahoe, and Jefferson County, and it has serious consequences. Let’s look closer at why this couple would be charged.

Public Indecency and Indecent Exposure in Colorado

What’s the difference between Indecent Exposure and Public Indecency?

Public Indecency and Indecent Exposure are extremely similar in Adams, Douglas, and El Paso County. The first isn’t a sex offense unless a person is convicted twice in a certain period of time, but the latter is a sex crime. The Public Indecency statute clearly states that anyone who performs “an act of sexual intercourse” in a public place will be charged. But, the Indecent Exposure statute states that anyone who “knowingly exposes his or her genitals to the view of any person under circumstances in which such conduct is likely to cause affront or alarm…with the intent to arouse or satisfy the sexual desire of any person.”

What Would the Couple be Charged with in Colorado?

It is debatable what the couple performing the sex act during the concert would be charged with if it had occurred in Boulder, Baca, or Pitkin County. Both crimes could fit the situation. However, we know how the police and District Attorney think. They almost always overcharge people with crimes, especially sex offenses. Obviously, this couple would have exposed their genitals while engaging in the sex act, and it did cause “affront or alarm,” and they most likely did so with the intent to arouse or satisfy their own sexual desire. So, it wouldn’t be a stretch to charge the couple with Indecent Exposure.

Why You Need an Experienced Sex Crimes Defense Attorney

Indecent Exposure is a sex offense – it is vital you work with an attorney to avoid a conviction.

If you or a loved one has been charged with Indecent Exposure or Public Indecency, it is critical that you contact one of our expert criminal defense lawyers immediately. While Public Indecency is a serious crime, Indecent Exposure is a sex offense requiring registration as well as sex offender treatment. Both these consequences are harsh and restrictive. Don’t risk your future by appearing alone in the courtroom. You need an advocate fighting on your behalf to make sure the DA isn’t overcharging you. We work hard to get our client’s cases dismissed, or work out favorable plea agreements.

If you or a loved one has been charged with a sex offense, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office for a free consultation at 303-830-0880. Together, we can protect your future.

Feb 25

Wearing Yoga Pants = Sex Crime? Over the Top Laws in Denver

Could wearing yoga pants be a sex crime?

Image Credit: Pixabay – OpenClips

Legislators are going over-the-top when it comes to laws in Denver, Arapahoe, and Jefferson County and across Colorado. And, they are especially broad when they decide to label a crime as a sex offense. I recently read an article that shows just how ridiculous lawmakers can be. In another state, a representative wants to make it illegal to wear yoga pants in public. He wanted to expand the definition of Indecent Exposure to cover this new law. In Colorado, we aren’t much different; sex offenses are charged easily and have unreasonably harsh consequences.

Should Yoga Pants be Illegal?

The representative says that yoga pants should be illegal, and wants to expand the Indecent Exposure definition to include “garments that show off a person’s buttocks, genitals or pelvis.”

What is Indecent Exposure?

Indecent Exposure – C.R.S. 18-7-302, is charged in Adams, El Paso, and Douglas County whenever a person exposes their genitals to another person with the intent to arouse sexual desire, when doing so is likely to cause alarm. It is also charged when someone masturbates in a public place, like a parking lot in Northglenn or Westminster.

Why Wearing Tight Clothing Shouldn’t Be Indecent Exposure

What if someone was a sex offender because they wore yoga pants in public?

Obviously, wearing yoga pants shouldn’t be added to this statute. Indecent Exposure is a sex offense, meaning a person convicted of this crime is required to register as a sex offender and go through harsh treatment overseen by the Sex Offender Management Board (SOMB). Imagine for a moment that a sex offender moves into neighborhood, causing fear and disgust to all residents. They think this person is a violent offender who harms innocent people, when in reality, the sex offender was convicted for wearing yoga pants in public. If a ridiculous law banning yoga pants went into effect, this kind of situation would occur.

Laws Like this Really Do Exist

Obviously, the yoga pants law was laughed off and never passed. But, ridiculous laws just like this are in effect today.

Public Indecency:

For example, if a person is convicted twice of urinating in public, they will be registered sex offenders. Or, if someone streaked at college one too many times, or was caught mooning classmates, they could be a registered sex offender. Two convictions of Public Indecency are considered to be a sexual offense.

Unlawful Sexual Contact

Another ridiculous sexual offense is Unlawful Sexual Contact. All it takes is for someone to touch the clothing covering another person’s intimate parts (such as a butt or breast) without permission, and that person can be charged with a sex offense. Next they would need to register as a sex offender and complete years of unnecessary sex offender treatment

When Definitions are Vague, Innocent People are Hurt

 Innocent people are hurt when words and definitions lose their meaning.

When definitions are so broad, innocent people are hurt. This is especially true when it comes to sexual crimes in Boulder, Pitkin, and Gilpin County. A sex offense conviction will follow you for the rest of your life – it isn’t something to be taken lightly, but legislators often create laws that don’t consider the consequences. Definitions and labels don’t mean anything anymore – people don’t know if the sex offender moving in next door was a violent, habitual sex offender or a college student who got caught peeing in an alleyway one too many times. If you’ve been charged with an over-the-top law, don’t hesitate to contact one of our hardworking, aggressive criminal defense attorneys to defend you in court. Here at the O’Malley Law Office, we fight to win.

 

If you or a loved one has been charged with a sex offense, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office for a free consultation at 303-830-0880. Together, we can protect your future.

 

 

 

Feb 23

Denver Jail Calls: A District Attorney’s Dream

Learn about jail calls in the Denver area.

Image Credit: Pixabay – Nemo

When people are in jail, they are usually afraid, panicked, or overwhelmed. In this fragile state of mind, they understandably turn to family members and good friends for comfort and counsel. Unfortunately, contacting loved ones from the Denver County Jail often leads to harsher consequences for people who have been arrested in Denver, Arapahoe, or Douglas County. This is because inmates say careless things, not knowing the police and District Attorney are recording each and every call. If anything damning is said by the inmate about their case or situation, it will be used against them in court.

Recorded Inmate Calls: A False Sense of Security

Sitting in the Jefferson, Adams, or El Paso County jail can be lonely. After all, being arrested for a crime such as Unlawful Sexual Contact, Indecent Exposure, or Sexual Exploitation of a Child is an emotional, frustrating, and confusing experience. One of the first things people want to do after they’ve been arrested is to call friends or family for support and connection. Unfortunately, people don’t know their conversations are being recorded. After all – no one is watching them while they make the call. This creates a false sense of security, while inmates talk about their situation, the case, and their side of the story. This is vital information for the prosecution and harmful to the accused.

An Example of a Jail Call

Josh was out drinking with his buddies one night. They went to clubs all throughout downtown Denver. In the very early hours of the morning, Josh met Amanda – she was just as drunk as he was, and exceptionally clingy, having just broken up with a serious boyfriend. She got very close to Josh on the dance floor, and he made the choice to grab her breast as they danced. Unfortunately for Josh, he thought Amanda was on the same page as him – she was not. Amanda screamed, slapped Josh, and reported him to the management, who called the police. Drunk as he was, Josh resisted speaking to the police, and was arrested for Unlawful Sexual Contact and Obstruction. As he sobered up in the Denver County Jail cell, Josh began to panic. He had a good job he didn’t want to lose – his future was on the line. He used his phone call to contact his brother, Eric. Eric picked up the phone:

“Hello?”

“Eric! It’s me – I don’t know what to do, man…I’ve been arrested.”

“Josh? What happened? Where are you?”

“I…I don’t remember very well. But, I got too close to a girl last night…she called the cops.”

“What did you do to her – what happened?”

“Well, I grabbed her boob…we were both so drunk…”

“I’ll be right there, man – sit tight!”

What might have seemed like a comforting call to his brother is now a key piece of evidence in the case against Josh. It doesn’t matter to the District Attorney that Josh was just as inebriated as Amanda. It doesn’t matter that she led him on and was all over him five minutes before. What matters is that Amanda is the victim, and now they have a recorded phone call where Josh admits he touched her inappropriately.

How the District Attorney Uses Recorded Jail Calls

Police, District Attorneys, investigators, and detectives listen to the recordings of jail calls, looking closely for anything they can use against a defendant. Any comments made about the alleged victim, a confession, or discussion of the crime is used in the courtroom. These recordings can be rewound and listened to repeatedly. If the DA finds useful information, he will take pieces of the recording and play it to the jury during a jury trial. When the accused’s own voice is heard in the courtroom, it cannot be challenged – it is the perfect evidence to use against the accused in a criminal case.

Our Advice as Experienced Criminal Defense Lawyers: Don’t Talk About Your Case

The criminal defense attorneys at the O’Malley Law Office have 40 years of combined courtroom experience. We have thorough knowledge about how the criminal justice system works. We advise all people who have been arrested for a crime in Boulder, Pitkin, or Mesa County to not speak about their case at all with loved ones while on the phone or at the jail. Don’t talk about:

  • Alleged Victim
  • Details of the Incident
  • Any Other Aspect of the Case

Instead of looking to family for guidance, contact an aggressive criminal defense attorney who will come to the jail to speak with you in-person. We will discuss your case, your side of the story, and how best to defend you and protect your future. Speaking about details of the case over the phone has led to many people being sentenced to prison for long periods of time. Don’t make the mistake of talking about your case over the phone – instead, remain silent and contact a hardworking attorney to fight on your behalf.

If you have a loved one in a Denver area jail, don’t talk to them about their case. Instead, contact one of our experienced criminal defense attorneys to arrange a jail visit. Contact us a 303-830-0880. Together, we can protect your loved one’s future.

Feb 20

Super Bowl Sex Sting Operation: 20 ‘Johns’ Arrested in Denver

The Super Bowl is a magnet for prostitution and sex trafficking. This is why law enforcement agencies traditionally work together across the country and set up sex sting operations. They know they’ll make many arrests across the country. This year was no different; in total, 570 ‘johns’ (people trying to buy sexual favors) were arrested, as well as 23 traffickers. In the Denver area alone, 20 ‘johns’ were arrested. Let’s look at how these sex sting operations are run, and what to do if you are charged with Soliciting for Prostitution in Adams, Jefferson, or El Paso County.

What is Soliciting for Prostitution?

A person will be charged with Soliciting for Prostitution – C.R.S. 18-7-202, if they request a prostitute to engage in a sexual act in exchange for money or other valuables. It is also charged when a person arranges a meeting for the purpose of prostitution, or directs another person to an area when it is known they are looking for prostitution.

How Are Sex Sting Operations Run?

In Arapahoe, Douglas, and Boulder County, sex sting operations are common. And, they are really quite simple. A police officer posing as a prostitute will frequent areas where prostitution is common. When someone begins talking to them, they will try to get them to say the following:

  • That they want a sexual favor or sex performed
  • That they will pay for the ‘services’ in some way

What most people don’t realize is that the undercover police officer is wearing a microphone and recording device. Everything that is being said is recorded and will be used against the person soliciting the ‘prostitute.’ Another common sex sting operation is to offer fake escort services. When men call to request an escort, they are in reality speaking to the police. Police officers also post fake advertisements on Craigslist and Backpage.com – when men respond to the ads, they are arrested for Soliciting for Prostitution.

What is the Sentence for Soliciting for Prostitution?

While this crime isn’t a sex offense, it won’t look good on your criminal record.

Soliciting for Prostitution is a class 3 misdemeanor in Baca, Gilpin, and Grand County. And, it isn’t considered to be a sex offense – a conviction doesn’t require sex offender registration or sex offender treatment. Nonetheless, a conviction won’t look good on your criminal record and can have negative effects on your ability to find employment or housing. Don’t plead guilty to “avoid embarrassment.” You’ll suffer more embarrassment the rest of your life by not dealing with the charges against you. Contact an aggressive criminal defense lawyer to fight on your behalf and get you the best possible outcome in your case.

Caught in a Sex Sting Operation? Call a Lawyer Immediately

Don’t stand alone in the courtroom – work with an aggressive lawyer who will fight on your behalf.

If you or a loved one was caught by the Super Bowl sex sting operation or any other sting operation in Colorado, it is important that you contact a skilled sex crimes lawyer for help immediately. Often, people give a statement to the police before calling us – this is never a good idea. The police don’t want to help you (even though they may say they want to help). Instead, they are simply looking for evidence to use against you. Don’t provide this evidence. Remain silent, and contact an attorney who will advise you of your rights and fight the charges against you.

If you or a loved one has been charged with Soliciting for Prostitution after a sex sting operation, be smart, exercise your right ot remain silent, and contact an experience criminal defense attorney at the O’Malley Law Office for a free consultation at 303-830-0880. Together, we can protect your future.

Feb 19

Revenge Porn Website Creator Convicted

Revenge porn website creator charged.

Image Credit: Pixabay – stokpic

The term “revenge porn” has only recently become common. With the increase in the use of social media and mobile devices, our culture is changing rapidly, and laws are slowly catching up. Until last year, there wasn’t a clear-cut law which addressed the posting of nude photos online without permission. In fact, there were entire sites for the purpose of getting revenge on former lovers. These sites, called “revenge porn” sites, are now being called into question and prosecuted. I recently read an article about a man who ran such a site – he has now been charged with multiple crimes. Let’s take a look at revenge porn and what you will be charged with if you post private, intimate photos online without permission in Denver, Arapahoe, or Jefferson County.

What is Revenge Porn?

Revenge porn is way to get back at someone you were in a relationship with. Let’s say Peggy and Ian are in a sexual relationship. One day, Peggy learns that Ian is cheating on her when she finds nude photos of another woman on his phone. She immediately posts the images online as a way to get revenge on both Ian and his new fling. In Adams, El Paso, and Douglas County, and across Colorado, Peggy’s actions are illegal and a crime in Colorado

What Would I Be Charged With?

Posting a Private Image for Harassment is the formal name for the crime you would be charged with if you posted revenge porn.

If you post a sexual photo online for the purpose of revenge, you will be charged with Posting a Private Image for Harassment – C.R.S. 18-7-107 (learn more about the revenge porn law here). In Colorado, Posting a Private Image for Harassment is a class 1 misdemeanor offense. This means it could result in up to 6 months in jail. But, there is an added element – if you posted an image of the person you used to be in a relationship with, the sentence-enhancer of Domestic Violence will be added. If you are convicted of a DV offense, you will be required to complete treatment overseen by the Domestic Violence Offender Management Board (DVOMB), and your sentence will be harsher in Summit, Grand, or Archuleta County. Additionally, the Domestic Violence label can have implications under federal law for firearms possession.

Revenge Porn Website Owner Charged

The owner of the revenge porn website would allow people to post images, and then try to extort money from the victims in order to remove the images. The law went into effect after he set up the website, so he wasn’t charged under the new law. Instead, he was convicted of 27 criminal counts, including Identity Theft and Extortion. He faces up to 20 years in the Department of Corrections.

Did You Post a Photo for Revenge? Contact the Best Criminal Defense Lawyer Immediately

If you were in a relationship that went sour, and you posted a photo you knew you should have kept private, but went ahead and put it on the internet out of a desire for revenge, contact one of our expert criminal defense lawyers immediately. While a conviction under the revenge porn law is only a misdemeanor offense, it won’t look good on your criminal record. You’ll have to explain it away every time you try to get a job or rent a home. Don’t let a moment of frustration and revenge follow you for the rest of your life. Instead, contact a knowledgeable criminal defense attorney for a free consultation to get the best possible outcome in your case.

If you or a loved one has been charged with Posting a Private Image for Harassment, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office for a free consultation at 303-830-0880. Together, we can protect your future.

Feb 16

Search Warrants in Sex Crime Cases in Denver

Learn more about search warrants in the Denver area.

Image Credit: Pixabay – geralt

When the police are investigating a sex crime in Denver, Arapahoe, or Jefferson County, they often try to obtain a search warrant to look for more evidence in their case. They meet with a judge in secret to obtain the warrant. Even though your life will be negatively affected by a search warrant, you are not allowed at this meeting. It is completely one-sided. The police officer will explain why they want the warrant, how they have “probable cause” to invade your privacy, and then submit an Affidavit for Search Warrant. If the judge agrees the search warrant is merited, they will sign it and a search will be executed on your property. Let’s take a closer look at search warrants in Colorado.

Which Cases Often Result in a Search Warrant?

Search warrants are executed in cases where the police need more evidence to bring someone to trial. In sexual offense cases in El Paso, Adams, and Douglas County, search warrants are very common.

  • Sexual Exploitation of a Child: In these types of cases, Lakewood, Arvada, and Broomfield police will often obtain a search warrant to look for illegal, sexual images of children on electronic devices. Your home will be searched, and all electronic devices will be seized. This includes computers, laptops, tablets, iPods, mobile phones, external hard drives, thumb drives, etc.
  • Sexual Assault: In these types of cases, Denver, Lone Tree, and Castle Rock police will search your home, car, or business in order to look for evidence of the alleged assault. Any physical evidence, such as bedding, will be seized to look for DNA evidence.
  • Invasion of Privacy for Sexual Gratification: In these types of cases, Aurora, Greenwood Village, and Centennial police will search for photographs, videos, and other media you might possess which include sexual images of someone which were obtained without permission.

There are many cases where the police obtain search warrants in the state of Colorado. If you have been the subject of a search warrant, don’t hesitate to contact one of our hardworking criminal defense lawyers to fight on your behalf. Once the search of your home, car, or business is complete, the police are required to file a return inventory of the items they seized with the court. They are also required to file a return of the warrant to let the judge know the status of the warrant.

An Example of a Search Warrant in Colorado

Even though the encounter was consensual, Kevin’s home is being searched, and he will most likely be charged.

Kevin met Hannah at the retail store where they were both employed in Lone Tree. They really hit it off and enjoyed each other’s company. Kevin finally worked up the courage to ask Hannah out on date. She agreed, and they went to a movie before heading to a local bar for drinks. They both lived in the same apartment complex, so they walked home from the bar. On the way home, Hannah asked to see Kevin’s apartment “for a nightcap.” One thing led to another, and the two ended up sleeping together. The next morning, Hannah wasn’t happy. She accused Kevin of taking advantage of her. She didn’t recollect the night before, because she’d had a bit too much to drink at the bar. Kevin also drank, so he wasn’t aware just how intoxicated she was. Besides, she had been the one to ask to visit his apartment. After a long argument, Hannah storms home. A few hours later, the police show up at Kevin’s apartment with a search warrant. They want to look for evidence: Hannah told the police that Kevin forced her to have sex, and he is being investigated for Sexual Assault. The police rudely enter his apartment and seize all his bedding to look for DNA evidence of the assault. Kevin realizes he is in a terrible position – there will be evidence of a sexual encounter, but it is his word against Hannah’s that the sex was consensual. In this situation, it would be wise for Kevin to contact an aggressive criminal defense attorney to be his advocate in court.

What Should I Do if I’ve Been Searched?

Contact an attorney immediately – don’t talk to the police.

It is important to understand the importance of remaining silent when the police are conducting a search of your home or apartment. Cops will try to talk to you before, during, or after the search. They may seem like they’re trying to help. In fact, they often will tell people they “just want to help.” This is a lie. They only want to gather evidence to use against you in the courtroom. If you’ve been the victim of a search warrant, don’t talk to the police. Contact one of the tireless criminal defense lawyers at the O’Malley Law Office to begin work on your case.

Why You Need a Lawyer after a Search

If you’ve been the victim of a search warrant, you need to contact a knowledgeable criminal defense lawyer immediately. We have 40 years of combined courtroom experience, so we know when a search was unlawful. We know when a search exceeds the law and goes against the U.S. and Colorado Constitutional standards. We can suppress evidence which was obtained unlawfully, whether it was unconstitutional, or went against the “plain sight” rule. Don’t stand alone. Work with the best criminal lawyer who knows criminal law inside and out and has a passion for fighting the ongoing battle between overreaching police officers and criminal defense attorneys. Work with an attorney who fights to win.

If you or a loved one has been the victim of an unlawful search, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office for a free consultation at 303-830-0880. Together, we can protect your future.

Feb 13

Man Falsely Arrested after DNA Match in Denver Sex Assault Case

A man was a DNA match for a sex assault - but it was false.

Image Credit: Pixabay – OpenClips

When you hear that someone has been arrested for Sexual Assault, the general reaction is one of relief and disgust: “Bravo to the police for catching the evil rapist,” is a usual thought in Denver, Arapahoe, and El Paso County. It isn’t a common point of view to question whether or not the arrested person is innocent. Believe it or not, sometimes the police make mistakes when making arrests. For one Denver man who spent two months behind bars after being arrested in for Sexual Assault, this fact couldn’t be more apparent.

DNA Error: Innocent Man Spends 2 Months in Jail

“Evidence” isn’t always right: The man’s DNA was incorrectly labeled. He had been falsely arrested and spent two months in jail as an innocent man.

According to the police, a Sexual Assault took place in Denver last summer. The police took DNA samples at the scene. One young man’s DNA matched the DNA in the rape kit. He was arrested, and spent two months in the Denver County Jail. During this time, the police retested his DNA and found a mistake: While his DNA was evident at the scene, it wasn’t a match for the rape kit – the first sample had been incorrectly labeled. The young man never denied being at the party where the rape took place, but firmly stood by his innocence. Until the DNA evidence proved otherwise, no one believed him.

Errors Happen: Don’t Give Up Hope

Human error is a factor in criminal cases, but people tend to trust DNA evidence without thinking about whether or not it is accurate.

The police, detectives, and investigators make mistakes just like the rest of us. Unfortunately, judges, juries, and District Attorneys don’t often question the evidence the police provide. This is because they have a working relationship with the police, and because law enforcement is held in awe by our society. DNA evidence is held in high regard – TV shows like CSI have helped to cement the idea that DNA evidence trumps everything. But, people don’t often consider that human error is a huge factor as well.

We Believe You’re Innocent Until Proven Guilty

Here at the O’Malley Law Office, we fight to prove your innocence.

Our country’s criminal justice system was founded on the belief that a person charged with a crime in Adams, Douglas, and Jefferson County is innocent until proven guilty. In fact, a defendant in a criminal case doesn’t have the burden of proof – they don’t even have to defend themselves. Instead, the DA is responsible for gathering enough evidence to prove “beyond reasonable doubt” that the defendant committed the crime. Some people think the government must prove the accused’s guilt “beyond a shadow of a doubt,” but that is just from movies. Unfortunately, our criminal justice system is changing – people are treated guilty before they’ve even gone to trial. The innocent young man who spent 2 months in jail understands that better than most. This is especially true with sex offense cases, where emotions run high and District Attorneys, judges, and juries are pressured by society to be “tough on crime.”

Why You Need an Aggressive Lawyer in the Courtroom

Because of the way sex offense cases are handle in Colorado, it is extremely important that you work with a knowledgeable criminal defense attorney who will aggressively fight to defend you in court. You need someone unconnected to your family and friends who will be able to offer an unbiased perspective. We know how the system works, and we know when evidence is lacking, incorrect, or the result of an error. Don’t stand alone in court – work with a lawyer from the O’Malley Law Office who fights to win.

If you or a loved one has been charged with a sexual offense in Colorado, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office for a free consultation at 303-830-0880. Together we can protect your future.

Feb 11

Alcohol Now Defined as a Weapon in Colorado Sex Assault Cases

Alcohol causes people to do stupid things. This is a well-known and accepted fact in the world. Drink too much alcohol, and you’ll find yourself behaving differently. Whether you’re dancing on tabletops after too much tequila, laughing hysterically and uncontrollably after one too many glasses of wine, or sleeping in the corner after a few too many beers, alcohol is powerful. But, until recently, it was never considered to be a weapon. Unfortunately, alcohol is now being considered a weapon in Sexual Assault and Unlawful Sexual Contact cases in El Paso, Denver, and Adams County, and across Colorado. There are many potential problems with this, but we’re going to focus on one key distinction: Alcohol is consumed voluntarily, while true weapons take away control from victims.

Alcohol and the Loss of Judgment

Alcohol is a contributing factor in many alleged Sexual Assaults and rapes. This shouldn’t surprise us, because alcohol impairs judgment. When two people drink large amounts of liquor, they are unable to make good decisions. Often, our judgment is the first to go out the window, and that translates into impulsive sexual behavior. People lose their inhibitions when they are drunk and make unwanted sexual advances. But, in Sexual Assault cases, the defendant’s level of impairment is never taken into consideration. Instead, District Attorneys and judges only look at how much alcohol the alleged victim consumed. And, they assume the defendant purposefully got the alleged victim drunk with the intent of Sexual Assault.

Alcohol Defined as a Weapon in Sex Crime Cases?

In an article I read recently, a Boulder County District Attorney says that alcohol plays such an enormous role in sexual assault and Unlawful Sexual Contact cases, it is now considered a “weapon.” The article references a recent case where a young man was accused of Sexually Assaulting a woman after a night of “party-hopping.” The young woman was allegedly drunk when he sexually assaulted her. Now, while we don’t believe that a drunk person deserves to be victimized, we think referring to alcohol “as a weapon” is a far stretch. Police and District Attorneys need to remember that women voluntarily ingest alcohol and they normally choose who to drink with. Another important consideration is that in Sexual Assault cases, the man is usually just as drunk as the woman.

The Role of Alcohol in Unlawful Sexual Contact and Sexual Assault Cases

In the article, a Colorado Springs police officer says than many of the Sex Assault cases investigated by his detectives involve victims who were inebriated. According to the law in Colorado, a person can be too drunk to consent to sex. Sexual Assault will be charged if a person has sex with someone who:

…is incapable of appraising the nature of” of their own conduct. Or, when they are “physically helpless” and have “not consented.

Obviously, these definitions are vague. But, they are often referenced when alcohol is involved in a sex assault case. Even if a woman says “yes” to sex, if she regrets her decision, she can say she was “too drunk” for the “yes” to be real.

Why Alcohol isn’t a Weapon

Other weapons, such as guns and knives, aren’t used willingly by the victim, unlike alcohol. Why should the latter be defined as a weapon?

In the article, a woman (who is co-developer of a new program to prevent sex assault in the Air Force) says that “for the same reason that a robber chooses a drunk victim (over a sober victim), a rapist will also choose a drunk victim.” It’s easy to simply agree with her and the Boulder DA and say that alcohol is a weapon. But, this logic is flawed. A rapist may give alcohol to his intended victim. He may offer it. But, it is highly unusual for him to force it. In no sex assault cases I have heard about were victims subdued by a person force-feeding them alcohol. No – the alcohol was consumed willingly. Guns and knives are considered to be weapons in criminal cases. None of these things are used willingly by victims. Instead, they are forced upon victims in order to force them into something they don’t want. Alcohol is much different, because it is consumed willingly by the victim. In the case I referenced above, with the young man accused of Sexual Assault – the alleged victim was “party-hopping” willingly. The defendant didn’t force her to attend the parties by using a handgun. She was there willingly, and she drank willingly. I’m not saying that alcohol doesn’t play a role in Sex Assaults. I’m simply disagreeing with the definition of alcohol as a weapon. When definitions become vague and broad, innocent people go to prison.

Why You Need a Lawyer for Sex Assaults Involving Alcohol or Drugs

“When words lose their meaning, people lose their lives.”

If you or a loved one has been charged with Sexual Assault after a night of drinking or partying, don’t hesitate to contact one of our aggressive sex crimes defense lawyers. Sexual Assault cases are very one-sided. With the presence of Victims’ Advocates and the District Attorney, it can be difficult for your voice to be heard in the courtroom. These cases have always been difficult to defend, but with pressure from special interest and victim’s rights groups, justice can be hard-fought. But, here at the O’Malley Law Office, we understand how these cases work and know what the judge or jury is looking for. We know that when “words lose their meaning, people lose their lives,” so we work hard to illustrate how alcohol isn’t a “weapon,” and provide evidence to prove your innocence. Here at the O’Malley Law Office, we fight to win.

If you or a loved one has been charged with Sexual Assault or Unlawful Sexual Contact after a night of partying, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office for a free consultation at 303-830-0880.
Together, we can protect your future.

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