Jul 25

Recent Success at Jury Trial in Jefferson County for Unlawful Sexual Contact

Recent success at jury trial for the O'Malley Law Office.Last week, by the grace of God, we won at trial in Jefferson County for a client charged with Attempted Unlawful Sexual Contact. The two-day Golden, CO trial for a misdemeanor offense was unusual. I’m not going to go into the details of the case, but three things were apparent to me: (1) District Attorneys push forward with cases where there is little or no evidence, (2), people don’t understand “reasonable doubt” in criminal trials, and (3) trials are a game to DAs, and the best story wins in the end. In this blog, I’ll go over exactly what I mean.

1. District Attorneys Take Cases to Trial with Little to No Evidence

In my client’s case, there was little to no evidence against him. It was the alleged victim’s word against my client’s. The prosecution began trying to create evidence by interviewing people he had come into contact with in an effort to gather reports on previous bad or questionable character. They attacked my client personally, rather than with evidence. When my client first contacted me, I approached the DA to suggest a plea deal – after all, Attempted Unlawful Sexual Contact is a misdemeanor crime. The DAs offer was to plead guilty to the offense. This was unacceptable to both me and my client, so we went forward with the trial. At the end of the first day at trial, the alleged victim gave her testimony. During her testimony, it became apparent there were many contradictions in her story – she changed her story drastically, and in the end, couldn’t identify the defendant in the courtroom (in my 23 years as a criminal defense attorney, I have never experienced this). I approached the DAs, and they refused to dismiss the case or offer a reasonable plea deal. DAs across Denver, Arapahoe, and Douglas County often continue cases to trial without evidence to gain experience and “practice.”

In a shocking turn of events, the alleged victim couldn’t identify the defendant.

2. Juries Don’t Understand Reasonable Doubt

During jury selection, it became apparent that people don’t understand the concept of “reasonable doubt” in criminal cases. I outlined the importance of the prosecution proving beyond a reasonable doubt that my client was guilty. I explained how you can believe a person probably did something, but you cannot convict someone unless the prosecution can prove beyond a reasonable doubt that it occurred. When I questioned the jury, they didn’t seem to understand the concept. This lack of knowledge is why it is important to work with an experienced criminal defense attorney in court – you need someone to explain this important concept to the jury.

You need someone at trial to stress the importance of reasonable doubt to the jury.

3. Trials are a Game – the Most Convincing Wins

As the trial progressed, it became more and more apparent how much of a game trials are to prosecutors. Despite the lack of evidence, one DA expertly created an emotional story for the jury.  Another DA used long, dramatic pauses during his opening and closing statements. They were allowed close to the jury box (something judges don’t often allow). When the alleged victim couldn’t identify the defendant in the courtroom, they twisted this remarkable and telling evidence into proof she was telling the truth. Juries are sometimes swayed by such things. Think about it: We’re all people. We all are swayed by emotions and acting. Criminal trials are no different. Fortunately, this jury was smart enough to see through this government trial tactic and followed the law. They acquitted our client of this serious offense.

DAs play to the jury’s emotions by using tactics in court.

Why You Need an Experienced Criminal Defense Attorney

If you have been charged with a sex crime in Adams, El Paso, or Cheyenne County, you need an experienced criminal defense attorney to fight on your behalf in court. This is because:

  • DAs aren’t looking for justice or evidence – they’re looking for experience and wins.
  • Juries don’t understand the importance of reasonable doubt in criminal cases.
  • Trials are a game to District Attorneys – you need someone who knows how to play the game.

Don’t stand alone in court and try to defend yourself. The criminal defense lawyers at the O’Malley Law Office have over 25 years of experience fighting for the futures of our clients. We successfully win at jury trials and we fight to win.

Contact an attorney for a free consultation

If you or a loved one has been charged with a sex crime in Littleton, Arvada, or Lakewood, don’t hesitate to contact an experienced criminal defense attorney at the O’Malley Law Office at 303-830-0880. Together, we can protect your future.

Image courtesy of Salvatore Vuono / FreeDigitalPhotos.net

Jul 24

Police Dogs Sniffing for Sexually Explicit Material: Unjust Tactics

How can police dogs sniff out sexually explicit material?I came across an article the other day which perfectly illustrates how far people will go to appear “tough on crime.” The article spoke about how the police are now using dogs to sniff for devices containing child porn. Let’s stop and think about that for a minute. How in the world can dogs sniff out an image on a hard drive? Using dogs to find narcotics or bombs make sense – they have a distinct odor. Obviously, images don’t have a smell. Instead, the dogs are trained to search for hidden hard drives, thumb drives, or discs, which may contain sexually exploitative material. Are the billions of thumb drives on the market presumed to contain porn? These dogs aren’t currently being used in Adams, Larimer, or Denver County. But, they illustrate perfectly how far law enforcement and the courts will go to appear tough on crime.

Thumb Drives, Hard Drives, and Discs Are Commonly Used: How Can Dogs Be Used?

According to the article, these police dogs are only used when the cops are already searching a suspect’s home for sexually exploitative materials containing children. They find thumb drives hidden in floorboards, behind ceiling tiles, and in hidden drawers. But, what law enforcement agencies fail to take into account, is whether or not the current house owner was aware the images were hidden in the home. People are quick to judge when it comes to putting “sick” sex offenders behind bars and often overlook justice. Using dogs to search for devices which are commonly used by thousands people across Arapahoe, Douglas, or Jefferson County is ridiculous and unjust.

Are the billions of thumb drives on the market presumed to contain sexually explicit material?

Sexually Exploitative Material Leads to Criminal Charges

If a person is found in possession of sexually exploitative materials involving children under the age of 18 in Kit Carson County, they will face charges of Sexual Exploitation of a Child – C.R.S. 18-6-403. This crime ranges from a class 6 to a class 3 felony, with up to 16 years imprisonment in the Colorado Department of Corrections (DOC). It is also a sex offense, which means that upon conviction, the defendant will be required to register as a sex offender and complete sex offender treatment overseen by the unjust Sex Offender Management Board (SOMB). If you have been contacted by the police, it is wise to remain silent and contact an experienced criminal defense attorney immediately to begin working on your behalf. Don’t give up your future – fight to protect it by working with a skilled criminal lawyer.

Contact an attorney for a free consultation

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

Jul 23

Successful Sex Offender Deregistration Granted in Denver

If you are currently registering as a sex offender in Denver, Arapahoe, or Jefferson County, have hope. It is possible to petition the court to stop registering as a sex offender. In fact, just last week, we filed a petition for a client and the court granted our petition. Our client was able to stop registration. During the hearing, the District Attorney objected to the petition, but the court granted our petition anyway. This gave our client relief from the harsh consequences of being a registered sex offender. In this blog post, we’ll go through the details about the successful sex offender deregistration last week.

Sex Offender Deregistration Hearings: What Judges are Looking For

A Safety Net:Read about a recent successful sex offender deregistration.

During sex offender deregistration hearings, judges will listen to the input of the following people:

  • Victim
  • Probation Officer
  • Parole Officer
  • Prosecutor
  • Treatment Professionals
  • Character References

As experienced criminal defense attorneys, we understand the importance of getting as many as possible of the people in this list above to support you in your decision to deregister as a sex offender. This is because judges don’t like the decision to allow a registered sex offender to deregister to rest solely on their shoulders. If they have the support of key people in the case, they will have a safety net to fall back on if the person ever reoffends.

Public Safety vs. Constitutional Right to Privacy:

During the hearing, the judge weighs two different factors: A person’s constitutional right to privacy, and the public’s right to know if a sex offender lives nearby. In order to help a judge make a decision, our sex crimes attorneys understand the importance of illustrating how harmful registering as a sex offender is for our client. Some of the following things are ways we can show a sex offender’s life is harmed by registering:

  • Damaged Reputation / Social Standing
  • Rude Neighbors
  • Difficulty Finding Housing
  • Difficulty Finding a Job and Providing for the Family

During the hearing, our criminal defense attorneys illustrate to the judge how our client’s life is harmed by sex offender registration, and minimize the risk to the community by showing our client isn’t dangerous to society. Let’s look closer at how we accomplish this.

Showing Judges a Sex Offender’s Low Risk to Reoffend

The court’s decision whether or not to grant a petition to deregister as a sex offender is based largely on the offender’s risk to the community in Larimer, Douglas, or Adams County. In order to illustrate our client’s low risk to reoffend, we utilize the following key factors:

1. Risk Assessment Completed

Before we even go to court, we make sure our clients complete a risk assessment. This will give the judge the expert opinion of a professional regarding their risk to reoffend.

2. Community Support

It is also helpful to have community support of the petition to deregister as a sex offender. This comes in the form of letters or people present in the courtroom who can testify about our client’s behavior and character. Having an unrelated mother or father present who can say they trust their own children with our client is hugely beneficial.

3. Time

If a person tries to petition the court to deregister as a sex offender only a few months after they are eligible, the judge is less likely to grant the petition. This is because they don’t have any history to look at to determine a person’s risk to society. If a person hasn’t reoffended in 5 or 10 years, they have a lower risk of reoffending in the future. If you haven’t been able to stay out of trouble (with both nonsexual and sexual offenses), don’t waste the court’s time.

Why You Need an Experienced Lawyer for Deregistering as a Sex Offender

If you are a registered sex offender and you would like to petition the court to deregister, contact an experienced criminal defense attorney at our law firm immediately. We can help you prepare your petition, and will attend the hearing. We know what judges and District Attorneys are looking for. Don’t stand alone in front of a judge, the alleged victim, and treatment providers. Contact a skilled criminal lawyer to advocate on your behalf and obtain a court order permitting deregistration.

Contact an attorney for a free consultation

If your or a loved one wishes to petition the court to deregister as a sex offender, contact one of our experienced criminal defense attorneys at the O’Malley Law Office for a free consultation at 303-830-0880. Together, we can protect your future.

Image courtesy of Chaiwat / FreeDigitalPhotos.net

Jul 22

False Rape Allegations for Attention? What to Do if You’ve Been Accused

A woman leveled false rape allegations against a singer.Whenever people hear that a man has been accused of rape, it isn’t popular to assume they are innocent. After all, who wants to side with the “bad guy”? Stop and think about this for one moment: Our criminal justice system is based on believing a person is “innocent until proven guilty.” In fact, prosecutors and District Attorneys in Jefferson, Arapahoe, and Denver County must prove “beyond a reasonable doubt” that a person committed a crime in order to convict them. Why, then, are people so quick to judge when they hear Sexual Assault accusations? False rape allegations are more common than you think. You don’t believe me? Let’s look at a news article I spotted just last week.

Famous Singer Falsely Accused of Rape

Last year, a series of comments were left on an online article about a famous lead singer. The commenter accused him of sexually assaulting her when she was 16-years-old. She appeared to be the perfect victim. “No one believed me because I had been his biggest fan for several years at that point, his pictures covered my locker, etc…I want to out him so bad.” She went on to name him, and said he was her English teacher’s brother, and he had raped her after a concert she attended. Accusations like this are common – and people take them as truth. The problem? The girl made up the entire incident.

The woman ruined a man’s reputation to get attention and pity.

The Need for Attention: A Common Reason for False Accusations

The singer immediately filed a libel lawsuit after the allegations, and it became apparent the woman was lying. She said she “didn’t intend for any of this to happen.” Instead, she said she was “looking for support from the ladies on the forum.” In other words, she wanted attention and pity. To get the attention and pity she needed to feel better about herself, she made horrible accusations about another person which could have resulted in criminal charges. This commonly happens often throughout Adams, Douglas, and Clear Creek County. Innocent men are charged with sex crimes and go to prison for indeterminate sentences because a woman needed attention. Police and DAs blindly support charging men to avoid criticism that they did not support a “victim.” Actual victims of rape and sexual assault don’t get the attention they need because the police and law enforcement agencies are busy dealing with false accusations. This is unjust.

Why You Need an Experienced Criminal Defense Attorney

If you are facing false rape allegations, don’t hesitate to contact an experienced criminal defense attorney. You need someone in the courtroom who is trained to find inconsistencies and discover lies. We have defended countless good people who have been falsely accused of sex crimes. You need an advocate in court. Don’t stand alone in front of a judge or jury and defend yourself. The alleged victim will have a lawyer supporting her lies – you need one to reveal the truth. Work with a lawyer who will fight to protect your future.

Contact an attorney for a free consultation

If you or a loved one has is facing false rape allegations, 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.

 Image courtesy of ponsuwan / FreeDigitalPhotos.net

Jul 21

First Revenge Porn Case after New Law in Denver

Read about the first revenge porn case in Colorado.Last year, we wrote about a new law called the “revenge porn” law being considered in Colorado. This year, a man has been charged with this new crime, which went into effect at the end of May in Denver, Adams, and Jefferson County and across Colorado. Let’s take a look at this crime and the new case in order to understand it better.

What is the Revenge Porn Law?

The revenge porn law was signed into law by Governor Hickenlooper at the end of May. It was added under C.R.S. 18-7-107 and 18-7-108. This law deals with cases where consenting adults photgraph or videotape each other in sexual or nude positions. Then, when the relationship ends, one of them publicizes the image. Posting a Private Image for Harassment is described as follows:

(1)(a) An actor who is eighteen years of age or older commits the offense of posting a private image for harassment if he or she posts or distributes through the use of social media or any web site any photography, video, or other image displaying the private intimate parts of an identified or identifiable person eighteen years of age or older;

(I) With the intent to harass the depicted person and inflict serious emotional distress upon the depicted person;

(II) (A) Without the depicted person’s consent; or

(B) When the actor knew or should have known that the depicted person had a reasonable expectation that the image would remain private; and

(III) The conduct results in serious emotional distress of the depicted person.

What is the Sentence for Revenge Porn?

Posting a Private Image for Harassment (revenge porn) is a class 1 misdemeanor in Douglas, Arapahoe, and Boulder County. This means a person could face up to 6 months in a County jail. It is also important to understand that a person charged with posting revenge porn will also likely be charged with Domestic Violence, because the offense occurred between two people who were in an intimate relationship at some point. A DV conviction results in the requirement to complete treatment overseen by the Domestic Violence Offender Management Board (DVOMB).

First Man Charged with Revenge Porn in Denver

Now, let’s look at the first revenge porn case in Colorado. According to reports, the 26-year-old man was charged with multiple crimes, one of which was Posting an Image for Harassment. While the details of the case aren’t being released, Fox31 got an exclusive jail interview with the man, who said he was “blindsided” by his girlfriend’s actions. So, as a way to feel better, he posted images of her online – not expecting her to ever see them. Unfortunately for him, she did find them and he was charged under the new revenge porn law.

Why You Need an Experienced Attorney in Court

Don’t stand alone in court and defend yourself. You need an advocate who can fight on your behalf and fight for your future. Even a misdemeanor conviction will have a negative impact on your life. Fight for a brighter future and contact a skilled criminal lawyer.

Contact an attorney for a free consultation

If you or a loved one has been charged under the new revenge porn law, 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.

Image courtesy of imagerymajestic / FreeDigitalPhotos.net

Jul 14

O’Malley Law Office on the Radio: Sex Crimes Discussed

This past month, attorney Jenna Ellis and I were guest speakers on KRKS 94.7. We spoke with Gino Geraci on his show, Crosswalk. We discussed many different aspects of criminal defense, such as why we practice criminal law exclusively, how good people are often charged with crimes, and how sex offense charges often stem from false accusations in Denver, Adams, and Jefferson County. In this blog post, we’ll take a closer look at these aspects of criminal defense in Colorado.

Why We Are Criminal Defense Attorneys

The lawyers here at the O’Malley Law Office often discuss how often family and friends ask us how we can justify being criminal defense attorneys. We have two answers:

  1. Our Constitutions: Every person has the right to a vigorous defense. This concept is what our entire justice is based on – we firmly believe in this right guaranteed by the United States and Colorado Constitution.
  2. Our Hope: As criminal defense attorneys, we view our work as a ministry. In the midst of great need, we are able to offer true hope to our clients by discussing the redemption and hope which Christ provides along with effective legal remedies for their difficulties.

Good People are Often Falsely Accused of Sex Crimes

In the radio segment, I talked about how good people are often charged with sex offenses. I have worked with teachers, pastors, youth leaders, daycare owners, and other people in ministry positions have been falsely accused. I referenced two people in the radio segment – a daycare owner’s husband, and a woman who mentored young women – who were both falsely accused of Sexual Assault on a Child by a Person in a Position of Trust – C.R.S. 18-3-405.3. One of these two people was a good, Christian leader in her church. Yet, they were accused of sex crimes with possible life sentences. Just because you are in leadership and serve the church faithfully doesn’t mean you won’t be falsely accused. In fact, being in leadership positions often makes you a target. Here at the O’Malley Law Office, we understand the importance of fighting false accusations in court. Whenever people say: “Good people aren’t accused of crimes,” pastor Gino gives good advice. Which perfect person was accused of a crime he didn’t commit? As Christians, we need to realize that Christ took on the sins of the world, and he was falsely accused.

Criminal Defense Attorneys Who Offer Hope and a Vigorous Defense

Here at the O’Malley Law Office, we care for our clients and we work hard to provide the best defense possible in Douglas, Larimer, and Arapahoe County. As Christian criminal defense lawyers, we know that Christ is the only source of hope in the midst of trial and tribulation. We fight hard for the rights and freedoms of our clients. Contact us if you have been falsely accused, or if you made a mistake and have been charged with a crime.

Contact an attorney for a free consultation

If you or a loved one has been charged with a crime like those mentioned in the radio segment, 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.

Jul 11

Victimless Crime: Internet Luring of a Child in Denver

Internet Luring - a victimless crime in CO. Internet Luring of a Child – C.R.S. 18-3-306, is often called a victimless crime. It is charged in Jefferson, Arapahoe, and Denver County whenever a person communicates with a child they believe to be under 15 years old, and in the course of communication, describe  “explicit sexual conduct.” In order to be convicted, the accused must also make a statement suggesting a meeting with the child. There are a few aspects which must be present in the case: The defendant must be more than 4 years older than the alleged victim, and the meeting can be for any purpose – it doesn’t have to be for sexual purposes. It is called a victimless crime, because it is often charged as the result of a police sting. Because the “victim” was really an undercover police officer, there is no actual victim in the case. In reality, we rarely see real children involved. Let’s look closer at how police stings work in Internet Luring situations.

Online Police Stings for Internet Luring of a Child

Police officers in Adams, Douglas, and El Paso County have found that police stings are the most effective ways to hunt and charge people with internet sex crimes like Internet Luring of a Child. Their goal is to capture alleged child predators before they harm any children. In reality, they create crimes which would not have occurred without the officer setting it up.

How Police Stings Work

While running sting operations, a police officer will pose as an underage child in adult chat rooms, social media sites, and online classified ads. Once a person responds to them online, they will begin a conversation. During this conversation, officers will try to establish a few key factors:

1. Establish the Age of the Child


 

The police officer will be sure to mention during the conversation that they are under 15 years old. They will also try to establish that the person they are communicating with is more than four years older than they say the “child” is.

2. Engage in Sexual Conversation


 

The police officer will then try to encourage conversation which includes “explicit sexual conduct.” The police officer wont’ directly initiate this discussion, but will try and move it in that direction.

3. Get an Invitation to Meet


 

The police officer will also try to get the person they are communicating with to issue an invitation to meet. This meeting can be for any purpose – it could be meeting a library or other public place. Also, the meeting doesn’t actually have to occur for a conviction of Internet Luring – the suggestion to meet is all that is required.

Internet Luring is often charged after police sting operations.

Entrapment Defense

If you have been charged with the victimless crime of Internet Luring of a Child, one possible defense we can use in El Paso and Lincoln County is the Entrapment defense. Put simply, if we can prove to the court that you would not have committed the crime without the inducement of law enforcement, your case may be dismissed. Police officers are very aware of the Entrapment defense, however, so they are careful to avoid initiating any of the contact – they only participate. If you believe you were led into committing a crime because of a police sting, give us a call. We will take a look at your case to determine whether or not we can use this defense in your situation.

Victimless Crimes: Work With an Experienced Criminal Lawyer

Here at the O’Malley Law Office, we have a passion for defending people and getting them the help they need to protect their future. We have defended people who have been charged with victimless crimes after a police sting operation. We know the District Attorneys throughout Colorado, and we know what they are looking for in each case. We will use many resources in your case, including expert witnesses like computer forensic examiners. If you are facing sex crime charges, don’t stand alone in court. Your future is at stake – work with an experienced criminal defense lawyer who will be your advocate in court.

Contact an attorney for a free consultation

If you or a loved one has been charged with a victimless crime like Internet Luring of a Child, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office at 303-830-0880. Together, we can protect your future.

 Image courtesy of ddpavumba / FreeDigitalPhotos.net

Jul 09

Toddler Ticketed for Public Urination: Justice is Off Balance

A toddler was ticketed for public urinationI recently came across an article in the news that caused me to stop and think about how ridiculous and paranoid our justice system is when it comes to crimes that make us uncomfortable. According to the article, a 3-year-old boy got in trouble with the law for public urination. You read that right – a three-year-old boy, not a thirty-year-old man. In this situation, it is perfectly illustrated that our country doesn’t know how to respond correctly to sex offenses in Denver, Adams, or Jefferson County. Our justice system is running scared. Let’s take a closer look at this case, and also a law related to public urination in Colorado.

Toddler Pees in Public: Isn’t This Normal Behavior?

Apparently, the toddler was in the midst of being potty trained, and couldn’t find a restroom nearby. So, he unzipped and peed in his front yard. A nearby policeman saw what happened, and ticketed the mother for her son’s public urination. Now, I ask that you step back and ask yourself a question: Is it really that weird for a toddler to pee in public? If you’ve had kids, younger siblings, or nieces and nephews, you’ll know the answer. It isn’t weird for a child to pee in public. It isn’t socially acceptable, but it isn’t a criminal act. After national outrage over the incident, the police department dropped all charges and issued an apology. Thankfully, law enforcement was humble enough to realize they made a mistake. Fortunately, he wasn’t charged with Indecent Exposure. Police officers and sheriff’s deputies in Arapahoe, El Paso, and Douglas County aren’t always so willing to swallow their pride.

A child peeing in public shouldn’t be a criminal act.

Public Urination = Public Indecency in Colorado

In Colorado, Public Indecency – C.R.S. 18-7-301 is often charged when a person urinates in public. A first-time conviction is a petty offense. But, a second conviction results in misdemeanor charges and a much more serious consequence – it is considered to be a sex offense. If you pee in public one too many times, you will be required to register as a sex offender and go through Sex Offender Management Board (SOMB) treatment. If you have a habit of using back alleys to relieve yourself after a night out drinking – you might want to reconsider: You don’t want to end up going through sex offender treatment with serious sex offenders and registering as a sex offender.

Charged for Public Urination? Why You Need a Lawyer

If you have been charged with Public Indecency for peeing in public in Eagle County, you might think it’s not a big deal – after all, a petty offense isn’t too bad. Don’t fall into this thinking. If you are charged for the same crime in the future, you will be required to register as a sex offender and go through treatment. Don’t put yourself in this position – fight the charges against you to avoid a first-time conviction.

Contact an attorney for a free consultation

If you or a loved one has been charged with Public Indecency for public urination, 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.

 Image courtesy of photostock / FreeDigitalPhotos.net

Jul 07

Charged with Indecent Exposure in Denver: Recent Case

Charged with Indecent Exposure after a prank? If you have been charged with Indecent Exposure in Denver, El Paso, or Douglas County, you need to understand the consequences you will face if you are convicted. It is wise to be informed before you head into court. Don’t hesitate to contact one of our experienced criminal defense attorneys who will discuss the details of your situation and how to fight the allegations against you in court. One of our criminal lawyers, Nikea Bland, recently was a defense attorney for a man who was charged with Indecent Exposure. In this blog, we’ll discuss the crime and how we go about defending people generally, and how Nikea used her experience to defend an innocent man.

What is Indecent Exposure?

Indecent Exposure – C.R.S. 18-7-302, is charged whenever a person exposes their genitals to another person, for the purpose of sexual arousal or desire. To be more specific, you will be charged if you:

 

  1. Knowingly expose your genitals in a way which is likely to cause alarm or affront to another person, and with the intent to “arouse or satisfy the sexual desire of any person,” or
  2. Knowingly masturbate in a way in which your act is exposed to another person, when it is likely they will feel alarmed or affronted.

In court, we examine these offense elements and whether the DA will be able to meet their burden of proof.

We examine the evidence in our client’s cases to determine whether the DA will be able to meet their burden of proof.

Charged with Indecent Exposure for Streaking

As I mentioned above, one of our experienced criminal defense attorneys, Nikea Bland, recently defended a man in court who was charged with Indecent Exposure. He had streaked across a soccer field after a bet with his friends. Nikea was able to get the sexual offense charges changed, because he wasn’t running naked through the field for a sexual purpose – he was doing it as the result of a bet, to be funny. This is why it is wise to work with an attorney who understands the criminal justice system in Arapahoe,  Adams, or Jefferson County. Our criminal defense lawyers know how District Attorneys and judges think – we know what they’re looking for and are able to work out favorable plea deals or get cases dismissed altogether. If Nikea’s client hadn’t hired an attorney, he likely would have plead guilty to avoid jail time. And, even though Indecent Exposure is a misdemeanor crime (for a first time offense), it is a sex offense in Saguache County and across Colorado. If you are convicted of this crime, you will be required to register as a sex offender and undergo treatment. Don’t stand alone in court – protect your future by contacting a skilled criminal defense lawyer.

Contact an attorney for a free consultationIf you or a loved one has been charged with Indecent Exposure, 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.

Image courtesy of antpkr / FreeDigitalPhotos.net

Jul 04

What is Freedom? Criminal Lawyers Fight for Our Clients in CO

What is freedom? Happy Independence Day! If you’re reading this blog, the odds are you or a family member has been charged with a crime in Denver, Adams, or El Paso County. We know your freedom is on your mind – you’re most likely concerned about how to preserve your freedom in the months ahead. Here at the O’Malley Law Office, we fight for the freedom and rights of our clients every single day. Let’s look closer at freedom and show you how we will fight in your defense.

What is Freedom?

According to the Webster 1828 Dictionary, the definition of freedom is:

Free’dom. n.

1. A state exemption from the power or control of another; liberty; exemption from slavery, servitude, or confinement. Freedom is personal, civil, political, and religious.

2. Particular privileges; franchise, immunity; as the freedom of a city.

3. Exemption from fate, necessity, or any constraint in consequence of predetermination or otherwise; as the freedom of the will.

4. Any exemption from constraint or control.

5. Ease or facility of doing anything.

6. Frankness; boldness.

As you can see, freedom is worth fighting for. Our founding fathers fought hard to obtain the freedom we enjoy today and to create the justice system in the United States. And, unlike many countries, Americans are able to defend themselves if they have been charged with or accused of a crime. As criminal defense attorneys in Arapahoe, Jefferson, or Douglas County, we fight for freedom and independence each and every day in court. Here’s how we provide the best defense possible.

1. We Offer a Free Consultation

How will you know if an attorney is right for you or not? We understand how important it is to work well with your lawyer. In serious cases like Sexual Assault on a Child, Incest, or Unlawful Sexual Contact, you are looking at long prison sentences upon a conviction. You need to a) work with an attorney you feel comfortable with, and b) learn as much as possible about the charges against you. Our free initial consultation will provide both these important factors.

2. We Tell the Truth

We will always tell you the truth about what to expect in court. If we don’t think we can win your case at trial, we will tell you that. Many lawyers tell potential clients what they want to hear just so they’ll be hired. We won’t give you false hope. We want you to know just what to expect so you will have realistic expectations regarding your future.

3. We Care about our Clients

We truly care about our clients. Each and every case is important to us. We are able to do this because we practice 100% criminal law and we’re able to focus. You aren’t just another case to us. You are a person who deserves the right to have your voice heard in the court room. You deserve justice and we will make sure you get the best possible outcome in your case.

Freedom is worth fighting for.

Fight for Your Freedom: It’s Worth It

We believe it’s important to fight for your future. Don’t take a plea deal because you want to get it over with, or because you’re being pressured by the District Attorney. If you have been charged with a sex crime, realize how important it is to fight your hardest to avoid a criminal conviction. Here at the O’Malley Law Office, our attorneys have fought hundreds of court battles and are prepared to guide you through every step of the court process. We have helped hundreds of people protect their freedom in Colorado.

Contact an attorney for a free consultation

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

 Image courtesy of franky242 / FreeDigitalPhotos.net

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