Sep 29

Tanning Beds and a Sex Offense in Lakewood, Colorado

A man spied on women in tanning beds and has been charged with a sex offense.What do tanning beds have to do with sex crimes? In two days, a Lakewood man will appear in court for charges of Invasion of Privacy for Sexual Gratification. According to reports, the man was taking secret videos of women while they were tanning. This crime is a sex offense, which means this man will have some fairly difficult consequences for his “peeping Tom” behavior. As I read this in the news, I realized this crime can be difficult to understand. Today, we’ll look at all the elements necessary for a conviction in Adams, Arapahoe, and Denver County.

What is Invasion of Privacy for Sexual Gratification?

Invasion of Privacy for Sexual Gratification – C.R.S. 18-3-405.6, is a sex offense in Jefferson, El Paso, and Douglas County. A person will be charged if they:

Knowingly observe or take a photograph of another person’s intimate parts without their consent for the purpose of their own sexual gratification, in a situation where the person they are photographing has a reasonable expectation of privacy.

In other words – if you take photos of someone who is naked, without their permission, when they have a good reason to expect privacy (i.e. not at a nudist colony), if the purpose is for your own sexual gratification. We’ll make it even simpler:

Take photos of someone’s intimate parts (i.e. naked)

+

Without their permission

+

When they have a reasonable expectation of privacy

+

When the purpose is for your own sexual gratification

=

Charges of Invasion of Privacy for Sexual Gratification

What is the Sentence for Invasion of Privacy for Sexual Gratification?

Because the Lakewood man secretly (without their permission) took photos of the women while they were naked (intimate parts) in a tanning bed (where they had a reasonable expectation of privacy), and assumedly for his own sexual gratification, he has been charged. This crime is a class 1 misdemeanor, but it is a class 6 felony if it is a second conviction (both are extraordinary risk crimes). Either way, Invasion of Privacy for Sexual Gratification is a sex offense, which means a person convicted of it will be required to:

  • Register as a Sex Offender
  • Go through Sex Offender Treatment

Tanning Bed Spying: Why You Need a Lawyer

If you have been contacted by the police regarding a similar incident to the tanning bed peeping Tom, don’t hesitate to contact an aggressive sex crimes defense lawyer. Even though a first-time conviction is only a misdemeanor, it will be on your record and if you get a second conviction, you could be looking at prison time. Take action if you have been charged – contact a lawyer who fights to win in court.

If you or a loved one has been charged with Invasion of Privacy for Sexual Gratification, 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 stockimages at FreeDigitalPhotos.net

Sep 26

CO Springs Police Station the Wrong Place Take Off Your Clothes

Don't take your clothes off at a police station. Taking your clothes off in public is generally a bad idea. If someone sees you, you most likely will be charged with Public Indecency or Indecent Exposure in Arapahoe, Jefferson, or Denver County. But, taking your clothes off and running around a police station? That will definitely end with criminal charges. Believe it or not, this happened just last week in Colorado Springs. Let’s take a look at this situation and try to find some possible motives for such a stunt.

Stripping Naked at the Police Station?

According to the bizarre news report, a man walked into the police station in Colorado Springs, and exposed himself. He wasn’t there for any reason other than to strip down in front of the officers. He fled, and they found him running naked through the streets. He was arrested, and has been charged with Indecent Exposure in El Paso County. According to the police, this isn’t an unusual occurrence. Cops often carry around extra blankets and sets of clothing, because apparently, dealing with nudity is common in an officer’s daily life. This is because they encounter people who are struggling with drug addiction or alcohol abuse. Intoxication is a common reason behind a person exposing themselves in public. When a person is drunk, they don’t think logically, and make decisions which can affect their future. Indecent Exposure is a sex offense, which has more serious consequences than a regular crime. Let’s take a look at it to see what I mean.

What is Indecent Exposure in Colorado?

Indecent Exposure – C.R.S. 18-7-302, is a sex offense in Adams, Douglas, and Garfield County. This means a person convicted of this crime will be required to register as a sex offender, and complete sex offender treatment. This treatment is overseen by the Colorado Sex Offender Management Board (SOMB), which is harsh and unyielding when it comes to sex offenders. Indecent Exposure is charged whenever a person exposes their genitals in public, with the intent to arouse or satisfy sexual desire and shock or alarm.

Why You Need a Lawyer for Indecent Exposure Charges

Indecent Exposure is very similar to the crime of Public Indecency. But, the consequences are vastly different. Public Indecency is not a sex offense – which means you wouldn’t be required to register as a sex offender or undergo treatment.  A skilled criminal defense lawyer will know which elements to focus on to work out a favorable plea deal for Public Indecency. Many of our clients avoid sex offender registration and treatment after we fight in their case. Don’t stand alone in front of a judge with the possibility of being a sex offender on the line. Don’t let a night of drinking and bad decisions ruin your chance at a better future. Work with one of the best lawyers at our firm who will be your advocate in court. We fight to win.

If you or a loved one has been charged with Indecent Exposure like the man exposing himself at the El Paso County, Colorado Springs police station, 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 vectorolie at FreeDigitalPhotos.net

Sep 25

Security Guard Sexting Denver High School Students? Why We’re Dubious

A security guard has been arrested for sexting - why we're dubious.A story has been prominent in the new the last few weeks which illustrates perfectly just how convoluted sex crime cases can be. A security guard at a high school in Denver has been arrested on suspicion of Sexual Assault on a Child and Sexual Exploitation of a Child. Let’s look closer at this case to see how quickly these cases gain media attention in Arapahoe, Douglas, and Denver County.

Young Security Guard Sexts High School Girls

According to news reports, the 22-year-old security guard is suspected of sexting two high school girls. The texting included inappropriate photos as well as messages (Sexual Exploitation of a Child is charged whenever a person is in possession of child pornography). Apparently, he sent his phone number to a young female student who he thought was cute, and then suggested they have sex. The girl’s friend told him to back off, but then things escalated, and they all exchanged nude photos. Now, the young man’s face is all over the news with the words “Security Guard Caught Sexting Students.” The news states he is under suspicion of both Sexual Assault on a Child by a Person in a Position of Trust and Sexual Exploitation of a Child. These are serious charges in Adams, Jefferson, and El Paso County. But, there’s something fishy going on with his case. I have been a criminal defense attorney for over 20 years, and can spot that something is wrong with this case:

Why is he being investigated for a crime there is no evidence for?

There is No Evidence of Sexual Assault

There isn’t any evidence that the girls were sexually assaulted. The crime he is being investigated for is Sexual Assault on a Child by a Person in a Position of Trust – C.R.S. 18-3-405.3. A person will be charged if they subject a child under the age of 18 to any sexual contact. “Sexual contact” is defined as the “knowing touching of the victim’s intimate parts” (genitalia, butt, or breasts), or the victim touching the actor’s intimate parts, “or the touching of the clothing covering the immediate area of the victim’s or actor’s intimate parts if that sexual contact is for the purpose of sexual arousal, gratification, or abuse.” In other words, in order to be charged with Sexual Assault on a Child, touching of some sort had to occur. There is no evidence the security guard ever met the young women in person – in fact, the alleged meeting for sex never occurred. The school reports the allegations “all stem from text messages and photographs,” and the news said a judge did not find probable cause to officially charge him with this second offense. So, why are they investigating him for Sexual Assault?

It Goes Against the Security Guard’s Personality

Since the allegations have come to light, one man has come to the security guard’s defense – his partner, who claims he is gay and would never have pursued the young women. He also says he knows the defendant well and insists he is an “honest and truthful person.” This man defends him completely, saying he can “guarantee” his partner would “not do such a thing.”  As a seasoned sex crimes lawyer, I have worked with many clients who would never do what they have been charged with – their character, beliefs, and personality go against it in every way. Yet, they are still falsely accused and charged. We uncover the hidden motives.

Why You Need a Lawyer for Sex Crime Cases

This case involving the security guard illustrates perfectly how the media can blow things out of proportion, and how you can be charged with a crime even where there is no evidence. The judge in the case couldn’t find probable cause for charging Sexual Assault on a Child, yet the media is reporting it regardless. Sexual Assault on a Child by a Person in a Position of Trust is a crime with life-altering consequences. If convicted of this offense, a person will receive a mandatory indeterminate prison sentence. This means they will be sent to prison for up to life. Both of the crimes the security guard has been charged with are sex offenses requiring sex offender treatment and registration upon conviction. Why is this young man’s name being printed all over the Denver metro area? He would be wise to contact a skilled criminal defense attorney to defend him in court. DAs don’t like to dismiss sex offense cases, even when there is no evidence – we have seen it first-hand. This is why you need an aggressive lawyer fighting for your rights and freedom.

If you or a loved one has been charged with a sex offense after sexting, 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 imagerymajestic at FreeDigitalPhotos.net

Sep 22

Actress Detained for Prostitution Charges after Kissing Husband

An actress was detained for prostitution charges after kissing her husbandPolice officers are on the lookout for people to charge with crimes. So, if you’ve been charged with a crime in Denver, Adams, or Douglas County, join the crowd. For example, actress Daniele Watts (known for her work in Django Unchained) was recently detained and questioned for Prostitution charges. Even celebrities are questioned for crimes. Let’s take a look at what happened, and illustrate how someone in Colorado could be charged with Prostitution.

Actress Daniele Watts Questioned for Prostitution Charges

According to reports, the actress was handcuffed and detained by the police after she was seen kissing and showing affection to her husband on the street. The police handcuffed her and detained her. She refused to provide identification, so they kept her in their car until they could identify her. It’s difficult to be handcuffed – the young actress suffered a cut wrist from the handcuffs. She was obviously upset by the treatment she received, as was her husband. Even though she wasn’t officially arrested, the incident was an unpleasant one for the actress. But, how could the police make the assumption she was a prostitute? Let’s look at the Prostitute statute in Colorado for clues.

The woman was kissing her husband – not offering her services as a prostitute.

What is Prostitution in Colorado?

In Jefferson, Arapahoe, and Pueblo County, Prostitution – C.R.S. 18-7-201, is charged whenever a person offers, agrees, or performs any sexual act with any person (not their spouse) in exchange for money or any other thing of value. So, if the police spot a person on the side of the road who appears to be “offering” to perform sexual acts to people in exchange for money, they may arrest them under suspicion of Prostitution.

Police Make Mistakes: Which is Why You Need a Lawyer

As in the case of Daniele Watts, the police make mistakes. They thought the actress was offering her services as a prostitute to a man on the street – but in reality, she was just displaying an act of public affection in public. Thankfully, once she was identified, the police didn’t officially arrest the actress. But, other people aren’t always so lucky. Often, the police don’t want to admit they made an assumption or a mistake, so they go ahead and arrest someone. And, District Attorneys further compound the problem by taking cases to trial without any evidence. This is why you need an exceptional criminal defense lawyer by your side in the courtroom. You need to ensure that your side of the story will be told, whether it be in defense of offering Prostitution, or for Solicitation of a Prostitute – C.R.S. 18-7-202. Either way, you need an attorney in the courtroom advocating on your behalf so you get the best possible outcome in your case.

If you or a loved one has been charged with Prostitution or Soliciting a Prostitute, 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 David Castillo Dominici at FreeDigitalPhotos.net

Sep 19

Are Public Defenders Effective in Denver Sex Crime Cases?

Are public defenders effective in Denver sex crime cases?We are often asked by prospective clients if public defenders are effective. I have worked in Denver, Adams, and Douglas County courtrooms for over 20 years, and I can safely say that I believe public defenders are great lawyers. They fight hard for their clients in felony and misdemeanor clients. Sometimes, they aren’t terribly effective, however. This isn’t because they aren’t good attorneys; it’s because they are so busy. Let’s dig deeper into what I mean.

Public Defenders Have Heavy Case Loads

Public defenders tend to have a bad reputation. This is sad, because often the reason they don’t perform as well as a private attorney is that they are far too busy. A typical Public Defender in Douglas, Arapahoe, and El Paso County handles close to eighty cases at a time. Many of them are serious felony cases like Internet Luring of a Child, Sexual Assault, or Unlawful Sexual Contact. These cases are challenging, and when they are dealing with so many, they simply don’t have the time to focus on the details.

Public Defenders Forced to Plea Bargain

Because of their heavy case load, public defenders have to plea bargain as many cases as they can so they are able to focus on the more serious cases which result in long prison sentences or mandatory prison time. This isn’t because public defenders don’t care – they care very much. But, they only have 24 hours in a day, and when they have so many cases, they have to prioritize so they can get it all done.

Public defenders simply don’t have the time to dedicate to specific cases. They are overwhelmed by a huge case load.

Why a Private Attorney is a Good Idea

Even though public defenders are excellent, caring attorneys and people, if you have been charged with a serious sex offense, it is wise to work with a private criminal defense lawyer. This is because they have enough time to dedicate to your specific case. A lawyer with a better case load will be able to contact favorable witnesses and will treat you like family. We care about our clients, and work hard to get their cases dismissed. We understand the consequences of restraining orders, like not being able to have contact with your kids, or losing your job. You need an advocate who can protect the people you love, and the things that are important to you. Private criminal defense attorneys have the time to give the attention to your unique situation.

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.

 Image courtesy of suphakit73 at FreeDigitalPhotos.net

Sep 17

Social Media in Sexual Assault Cases: Justice in Denver

Learn more about role of social media in Sexual Assault cases. Justice is often overlooked in Sexual Assault cases in Denver, Adams, and Jefferson County. This is because the police and District Attorney fight only for the alleged victim, instead of searching for the truth and proving their case beyond a reasonable doubt. It is extremely rare for DAs or judges to look for evidence which could prove the victim is lying about the alleged assault. This is why I was surprised about a recent case in New Jersey, where a judge ordered a teen victim in a Sexual Assault case to provide access to her Facebook page in order to examine postings about the alleged rape. This judge is looking for evidence in the case – evidence which may not shed a favorable light on the young “victim.” This is highly unusual. We hope Colorado will learn and that using social media in Sexual Assault cases will grow more and more common.

The Problem with Sexual Assault Cases

The problem with Sexual Assault cases in Adams, Douglas, and El Paso County, is the inherent lack of evidence. Sexual Assaults don’t take place in plain sight. Usually, there are only two sides to the story: The alleged victim’s testimony, and the defendant’s testimony. As leading criminal defense lawyers in the Denver area, our goal in court is to gather evidence which proves the alleged victim is lying, or not telling the whole story. In many cases, we scour the alleged victim’s social media accounts, looking for evidence which contradicts their story. We often find what we’re looking for, and work hard to use the evidence in court.

We often find favorable evidence on social media accounts.

The Problem with Colorado Courts

Once we have found evidence the alleged victim is lying (often we find the motive behind the accusations), the next step is for us to get permission to use the evidence in court. There are many rules of evidence in Colorado courts, and it can difficult to get the judge to allow the evidence in the courtroom. This is why you need an expert criminal lawyer fighting on your behalf who has a thorough understanding of the law and has experience working with the judges in Colorado courtrooms.

Why We Should Use Social Media in Sexual Assault Cases

Let’s look at the New Jersey case to see why we should use social media in Sexual Assault cases. The defense attorney in the case wants the judge to review the alleged victim’s Facebook page because he believes there may be hints that the sexual encounter was consensual (we have defended many clients who thought they were having consensual sex until later, when they were contacted by the police regarding rape charges). The prosecutor in the case was upset about the judge reviewing the Facebook page, calling it an “invasion of privacy.” We don’t agree at all. A man’s future is at stake: As law abiding citizens, we need to demand the DA prove beyond a reasonable doubt that the assault occurred. This includes researching all possible explanations. A judge may be perusing the young woman’s private Facebook page, but when a man’s future is on the line, “privacy” is overshadowed by the burden to prove beyond a reasonable doubt in court.

If you or a loved one has been charged with a sex crime in Colorado, 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 Stuart Miles at FreeDigitalPhotos.net

Sep 15

Position of Trust vs. Sexual Assault on a Child: The Difference in Denver

What's the difference between Position of Trust and Sexual Assault on a Child?It’s easy to be confused by all the different crimes reported in the news in Denver, Adams, and Jefferson County, and across Colorado. For example, what’s the difference between Sexual Assault on a Child – C.R.S. 18-3-405, and Sexual Assault on a Child by a Person in a Position of Trust – C.R.S. 18-3-405.3? The definitions are very similar, but there is one specific difference – the element of “position of trust.” Let’s dig deeper into the definitions of both these sex offenses to discover how they’re different.

Important Definitions: Sexual Contact & Position of Trust

Before we look at these two crimes, we need to define two terms. The first is “sexual contact.”

Sexual Contact: The “knowing touching of the victim’s intimate parts” (genitalia, butt, or breast) “or of the actor’s intimate parts by the victim, 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.”
Position of Trust: “Any person who is a parent or acting in the place of a parent…including a guardian…or a person who is charged with any duty or responsibility for the health, education, welfare, or supervision of a child, including foster care, child care, family care.”

This includes (but isn’t limited to) teachers, doctors, babysitters, family members, etc. in Douglas, Arapahoe, and El Paso County. Let’s keep these definitions in mind as we look at the two following crimes.

Sexual Assault on a Child

Sexual Assault on a Child is charged follows: A person who

“Knowingly subjects another not his or her spouse to any sexual contact commits sexual assault on a child if the victim is less than fifteen years of age and the actor is at least four years older than the victim.”

Put simply – if a person is 4 years older than child who is under the age of fifteen, and if they have sexual contact (remember, this can simply be the touching of clothing covering a child’s butt), they will be charged with Sexual Assault on a Child.

Sentence for SAOC

Sexual Assault on a Child is usually a class 4 felony. But, if threats or violence were used, or if the offense was one of many assaults (pattern of abuse), it is a class 3 felony.

Sexual Assault: Position of Trust

Sexual Assault on a Child by a person in a position of trust is charged as follows: A person who

“Knowingly subjects another not his or her spouse to any sexual contact commits sexual assault on a child by one in a position of trust if the victim is a child less than eighteen years of age and the actor committing the offense is one in a position of trust with respect to the victim.”

Put simply – if a person has sexual contact with a child under the age of 18, and they are in a position of trust (such as a teacher) they will be charged.

Sentence for SAOC: Position of Trust

Sexual Assault on a Child by One in a Position of Trust is a class 4 felony if the alleged victim is fifteen years or older, and the offense wasn’t committed as a part of a pattern of abuse. It is a class 3 felony if the alleged victim was under the age of fifteen, or if it was committed as part of a pattern of abuse. It is also important to understand that it is subject to mandatory sentencing. If a person is convicted of class 3 felony Sex Assault on a Child, Position of Trust, they will be sentenced to prison.

Similarities Between Two Offenses

As you can see, there are similarities between these two offenses. There are a few other similarities regarding sentencing.

  • Indeterminate Sentencing: Both of these crimes are subject to indeterminate sentencing. This means a person convicted of either can be sentenced to the Colorado Department of Corrections for an indeterminate amount of time. With a class 4 felony conviction for either offense, an indeterminate prison sentence is possible. With a class 3 conviction it is mandatory.
  • Sex Offender Registration: Both these crimes require the defendant to register as a sex offender in the jurisdiction where they reside.
  • Sex Offender Treatment: Both offenses require the defendant to undergo harsh sex offender treatment overseen by the Sex Offender Management Board (SOMB).

SAOC or Position of Trust: Why You Need a Lawyer

Both of these sex crimes are serious. If you are convicted of either, your life will be negatively affected. Don’t give up hope if you have been contacted by the police. Instead, contact an aggressive criminal defense lawyer who knows how the criminal justice system works. The best sex crimes attorneys at our office work hard to get cases dismissed or acquitted. Don’t stand alone in the courtroom – work with an attorney who fights to win.

If you or a loved one has been charged with Sexual Assault on a Child by One in a Position of Trust or any other 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.

Sep 12

Charged with a Crime in Denver? Stay Off Social Media

If you've been charged with a crime, stay off social media. It seems like a no-brainer. If you have been charged with a crime in Arapahoe, Adams, or Jefferson County, don’t talk to the police. Unfortunately, many people don’t realize they are feeding the police information on a daily basis. What do I mean by this? Many people give information to investigators about their case, without even knowing it.

Why You Should Stay Off Social Media: Twitter Confession

Kevin has been charged with Unlawful Sexual Contact in Denver County. The woman is accusing Kevin of touching her sexually – but Kevin denies the allegations. He did everything he was supposed to: He politely refused to talk to the police, and he contacted an aggressive criminal defense lawyer in Denver. Kevin understands the importance of fighting the sex charges against him. Unfortunately, Kevin doesn’t realize his social media accounts are being closely monitored – a police investigator is checking his Twitter, Facebook, Google +, and Instagram accounts daily. One day, Kevin is frustrated by the way his trial is progressing – he tweets about the case. “Wish I’d known she didn’t want to party – I wouldn’t have touched her.” Oops. Kevin has just admitted to the world that he did touch the woman. Now, the District Attorney will have evidence against him to use in Douglas County court.

Real Life Examples of Social Media Fails in Criminal Cases

You may think people don’t actually post about their case online – but this is simply not the case. For example, an article about social media going wrong in the courtroom lists examples of cases where defendants posted about their case. One man in California was facing drug charges. Investigators found photos of him posing online with his marijuana plants, boasting about how much cash they would make him. Another defendant had pictures of him stabbing a frog, and holding a knife to a kitten – he had been charged with murder. Also, registered sex offenders create accounts in violation of their treatment and parole, thinking they won’t be found. Unfortunately, we are faced daily with situations where our clients have posted on social media. This makes our job much more difficult.

Posting on social media makes our job of defending you even more difficult.

Why You Need a Lawyer in Criminal Cases

It’s easy to make mistakes in criminal cases. Most of our clients have never been charged with a crime before, so the entire process is new. It’s impossible to know all the ins-and-outs of the justice system in Colorado. That’s why you need a excellent attorney by your side, instructing you about the entire process, and ensuring you don’t make mistakes which could harm your case. You wouldn’t attempt a life-changing surgery on your own, so don’t attempt to handle a life-changing case without professional help. Your future is at stake – work with a lawyer who fights to win.

If you or a loved one has been charged with a crime, be smart, stay off social media, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office at 303-830-0880. If you need a lawyer to go visit a friend in the county jail, we are available for jail meetings. Together, we can protect your future.

 Image courtesy of Stuart Miles at FreeDigitalPhotos.net

Sep 10

Don’t Shoot the Lawyer: We’re Here to Help in Your Denver Case

Don't shoot the lawyer - we want to help you in your criminal case. We all love good news, stories of hope, and miraculous results. Unfortunately, this isn’t always possible when it comes to criminal cases in Douglas, Arapahoe, and Jefferson County. As leading sex crimes lawyers in the Denver metro area, we strive to be honest with our clients. We don’t want to offer false hope, or fail to give them an accurate picture of what they are facing. When people hear bad news, or their expectations aren’t met, clients often want to shoot the messenger – in this case – their lawyer. Let’s delve deeper into why shooting the messenger is a bad idea in your criminal case.

Shooting the messenger (your lawyer) is a bad idea.

The Truth Will Set You Free – Lies Only Create Deeper Problems

Sometimes I wonder if my clients want me to lie to them. I have been fired from a case because I was “too negative” for their taste. They wanted to shoot the messenger. In reality, I have expertise as a criminal defense lawyer, and I know I need to give them a realistic view of their situation. Lying to them would only create problems down the road. Unfortunately, many lawyers tell potential clients they can “get their case dismissed” before they look at the evidence. They do this in order to secure their client and get paid. At the end of the case, when people are led off to jail or prison in Adams, El Paso, or Bent County, they wish they had hired an honest attorney. Honesty is my job: If I am realistic about a Sexual Assault or Unlawful Sexual Contact case, then I am able to create a realistic plan that will work. Unfortunately, people don’t’ want to hear the truth. Here are a few common responses to my honesty:

 

'You are too negative.'
'I don't feel good when you talk to me.'
'You don't have a positive outlook on my case.'

When I am hired onto a case, my role is to examine the evidence – read the police reports, talk to witnesses, and look at the discovery in the case. Then, I create a plan of defense, taking into consideration all the facts of the case. If I focus only on the “good” parts of the case, I won’t be prepared to defend my clients when the “bad” stuff comes to light in the courtroom. People don’t think this through when they fire me for being negative. Although I deeply care for my clients, I am not their therapist.

Don’t Shoot the Messenger: You Want an Honest Attorney

The best lawyer for your case will give you an honest perspective on your case. It won’t be all rainbows and unicorns – you have been charged with a crime, after all. A good attorney won’t give you an opinion about how the case is going to go until all the evidence is on the table. Giving clients promises about the outcome of their case without all the evidence is unfair. Don’t work with a lawyer who makes promises and only gives you good news about your case. If you hire them, at some point you’ll be confronted with the harsh reality of your case and be unprepared to defend yourself in court. A good lawyer will be realistic, honest, and willing to defend you no matter what comes up in your case.

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

Image courtesy of num_skyman at FreeDigitalPhotos.net

Sep 08

Public Indecency for Spitting? A Westminster, Colorado Law

Did you know that spitting in public is a crime called Public Indecency in some CO cities?When you hear someone was convicted of Public Indecency, what do you think? Most people think of someone who exposes their genitals or flashes the public in Denver, Adams, or Douglas County. Most people think of Public Indecency as a disgusting, repugnant, lewd act – something our children should never witness. Most people wouldn’t want a person convicted of this crime near their kids, or working for them. Think again. Let’s look at a city ordinance that shows just how ridiculous these charges can sometimes be.

Another Absurd Law in the City of Westminster: Spitting

A few weeks ago, we wrote about absurd laws throughout Colorado. Well, we just found another one. In the City of Westminster, a person can be charged with Public Indecency – 6-4-1, W.M.C. The law includes:

“An excretory function, including urination, defecation or expectoration.”

Let’s think about this for a minute. Expectoration means the act of ejecting or expelling matter, such as “phlegm, from the throat or lungs by coughing or hawking and spitting.” Hmm. This doesn’t seem like an act of Public Indecency, especially when you consider it is charged along with urinating in public, or mooning a passing car. Everyone spits, coughs, and clears their throats in public places. It is a healthy thing to do. Not everyone flashes strangers. The city ordinance isn’t much different from the State law in Colorado for Public Indecency – C.R.S. 18-7-301.

Why does this law even exist?

Why Would Westminster Have this Law?

The next logical question would be to ask why Westminster even has such a law. That’s where our experience and perspective as criminal defense lawyers comes in. We have worked in municipal courts all across Arapahoe, El Paso, and Jefferson County. Sometimes, the governments in small cities get so caught up in their own little worlds, they forget about common sense. We need leaders in our government who listen to their citizens when they are outraged by absurd laws. The Westminster City Council, Westminster Police Department, and Westminster City Attorney all need to take a long, hard look at this law and move spitting into a different classification of crime.

Charged for Public Indecency in Westminster? Contact a Lawyer

What happens if a young person spits in a public park and is convicted of Public Indecency? According to state law, two convictions of the State Law of Public Indecency result in being labeled as a sex offender. While this isn’t true for the city ordinance, it’s a bit too close for comfort. This young person would have a difficult time starting their career with a conviction like this on their record. Finding housing and employment with a Public Indecency conviction can be difficult. This is why fighting ridiculous charges is important. If you have been charged under this city law, you might be tempted just to plead guilty in order to avoid jail time or fines. After all, it’s such a stupid law anyway. But, a conviction can have lasting effects on your future. Don’t give up – contact a skilled criminal defense lawyer to help you fight the absurd charges against you and protect your future.

If you or a loved one has been charged with Public Indecency, 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 artur84 at FreeDigitalPhotos.net

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