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

Sep 05

Where Has Privacy Gone? Google Scans Emails for Illegal Images

Where has the privacy gone? Google reports illegal imagesWe are contacted constantly by people who have been charged for possessing sexually explicit images of children. They are facing Sexual Exploitation of a Child charges in Denver, Adams, or Jefferson County, and they can’t believe they were caught. After all, what we do on the internet is private, right? It’s easy to think that when you’re home alone, browsing the web. But, in reality – your online activity is closely monitored, especially when it comes to peer to peer networks. In recent news, Google announced they scan your emails, looking specifically for illegal images. Let’s dig deeper into this practice, and how we feel about privacy.

Man Arrested after Google Email Scan

Google scans all your Gmail emails. This is old news; you may have noticed the ads on the side of your email have become more and more specific as the years pass. This is because Google scans all your Gmail so they can target the ads directly at you. What many people don’t know is that if Google finds illegal images (sexually explicit images of children) in your email, they will report you to a law enforcement agency. In fact, a man was just arrested for the possession of illegal images. It was Google who tipped him off to the authorities.

Google tipped off the police about the illegal images.

What Exactly are Illegal Images? Sexual Exploitation of a Child

While pornography of adults is legal, sexually explicit images of children is a crime. In Colorado, a person who possesses, distributes, or creates such images will be charged with Sexual Exploitation of a Child – C.R.S. 18-6-403 (child pornography). This crime is a sex offense – if you are convicted anywhere in Colorado – in Arapahoe, Douglas, or El Paso County, you will be required to register as a sex offender. Additionally, you will be required to undergo harsh sex offender treatment overseen by the Sex Offender Management Board (SOMB).

Where’s the Privacy? The Internet isn’t Private

Google has announced they “only use this technology to identify child sexual abuse imagery.” In other words, if you hatched a scheme to rob a bank with your friends, and emailed about it for weeks, Google wouldn’t report you. This could change, however. When you sign up for an account, you give your consent for searches to Google, which means they could change their mind and begin reporting a wide range of crimes. They are a private company, after all, and can do as they please. This recent arrest goes to show the internet isn’t private – it is monitored closely by private companies as well as law enforcement agencies.

Have You Been Charged for Possessing Illegal Images?

If you have been charged with Sexual Exploitation of a Child, don’t hesitate to contact an accomplished criminal defense lawyer to defend you in the courtroom. The earlier in your case we get involved, the better. Don’t hesitate, or give up hope. Contact us for a free consultation – we fight to win.


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 for a free consultation at 303-830-0880. Together, we can protect your future.

Image courtesy of Stuart Miles at FreeDigitalPhotos.net

Sep 03

Expose Yourself When You Were Drunk in Denver? Call Us

If you get drunk and expose yourself, you could be charged with a crimePeople do things they wish they didn’t when they are drunk. For example, a Colorado man was arrested for Indecent Exposure earlier this year after the police found him passed out in his vehicle, exposing himself. Unfortunately, the law doesn’t take into account a person’s level of sobriety when they commit a crime. Let’s look at the crime of Indecent Exposure in Denver, Adams, and Jefferson County, and across Colorado.

What is Indecent Exposure in Colorado?

In Colorado, a person will be arrested for Indecent Exposure – C.R.S. 18-7-302, if they knowingly expose their genitals to the view of another person, in circumstances which are likely to cause affront or alarm, with the intent to arouse or satisfy the sexual desire of any person. That definition is simple enough, but we’re going to break it down even further. There are three elements which must be present in order for a person to be convicted of Indecent Exposure:

  1. The knowing exposure of genitals to public view
  2. In a way which is likely to cause shock or surprise
  3. With the intent to arouse or satisfy sexual desire

Level of Sobriety Isn’t Considered

As you can see, nowhere in the statute does it consider whether or not a person is drunk at the time they exposed themselves. The defendant has to “knowingly” expose themselves, but police officers don’t always consider this when they arrest someone. And, District Attorneys often overcharge this crime, knowing the defendant is inexperienced with the court system and procedures. They often pressure terrified people into accepting plea deals without knowing the whole story. While Indecent Exposure is a misdemeanor, it is a sex offense. If you are convicted of this crime, you will have to undergo harsh sex offender treatment overseen by the Sex Offender Management Board (SOMB), and register as a sex offender in Arapahoe, El Paso, and Douglas County.

We all do things we wish we hadn’t when we drink – don’t let a mistake determine your future.

Did You Expose Yourself While Drunk? We Can Help

We all do things we wish we hadn’t when we drink too much. Here at the O’Malley Law Office, we don’t think a night of misjudgment should ruin your chances of a bright future. There is hope! Don’t plead guilty out of pressure from a DA in order to avoid county jail time. Contact an honest criminal defense lawyer who will give you a good understanding of how to fight the charges against you. You need a skilled attorney by your side who will be your advocate in the courtroom.


If you or a loved one exposed themselves after a night of drinking, and have been contacted by the police, 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 Gualberto107 at FreeDigitalPhotos.net

Sep 02

Child Sex Assault Prosecutors Blind to Evidence in Denver

Prosecutors are blind to the evidence. Recently, one of our attorneys came across an article written by a form prosecutor for child sex assault cases. Now, the man is an author who writes about sex abuse in the church. The former prosecutor referenced a case where a high school student was convicted of molesting a 4-year-old boy. He discusses the three common strategies used by criminal defense attorneys to “convince others to embrace their distorted definition of innocence.” Now, as skilled criminal defense attorneys with over 25 years of experience in Denver, Adams, and Jefferson County, we have a different story to tell. In this blog, we’ll discuss these three tactics, and look at why we believe this former prosecutor is wrong.

“Making it Up” Strategy: This is Often the Truth

The first strategy discussed by the former prosecutor is the “make it up” tactic. He says criminal defense attorneys argue that child victims are prone to “make up false reports of sexual abuse.” He cites research stating that children aren’t any more likely to lie under oath than adults. In fact, these studies supposedly found that false allegations are made only between 1 and 10 percent of the time in sexual assault cases involving children. This is a small percentage indeed. Yet, it doesn’t match up with our own experience with child sex assault cases in Arapahoe, Jefferson, and El Paso County. We recently won a case at trial where the little girl who was the “victim” in the case made up intricate lies right on the witness stand. And, this isn’t the only situation where this has been true – we are faced weekly with examples of children making up stories of abuse for any number of reasons. The prosecutor says false allegations “are much more rare than offenders want us to believe.” We have found this to be simply not true. The prosecutor also mentions another fallacy – that it is highly unlikely for children to “make up details about a heinous act,” because most of them have “no knowledge about” it at their age. Again, this is illogical. Most children today are exposed to vast amounts of sexual behavior, whether by watching TV or movies, listening to the radio, talking with peers, or listening to their parents talk. Children today are not quite as innocent as many people think.

Prosecutors often ignore the lack of evidence in criminal cases.

“Mixing it Up” Strategy: The Defendant isn’t Always the Perpetrator

The next tactic the former prosecutor mentions is the “mixing it up” strategy. He says that criminal defense attorneys often agree that the evidence points to the child being sexually abused, but argue that the child accuses the wrong person. The prosecutor argues: “Is it likely that a child is capable of providing the details of horrific abuse, but incapable of accurately identifying the known individual who perpetrated the abuse?” We have first-hand knowledge in many cases where a child was abused, but falsely accused another person. Often, children are molested by a person close to them – a grandfather, uncle, or stepmother. Because of their close connection with the abuser, they are afraid to make accusations. When the truth comes out, they often point their fingers at someone else, because they’re afraid to lose or anger a loved one. The former prosecutor is blind to the truth when he says this strategy “makes no sense and cares nothing about the child.” What could be more caring than finding the truth and exposing the real abuser?

“Minimizing and Shifting” Strategy: We Examine the Evidence, Wherever it Leads

The former prosecutor says the last tactic is the “minimizing and shifting” strategy. He says criminal defense attorneys work hard to “shift the attention away from the child and towards everyone else related to the case.” He says the approach involves a “devious” two-step process.

Step One: According to the prosecutor, the first step of this strategy is to claim that a child’s testimony is not evidence. He says the accusation of a young child is enough for a conviction. This is a scary perspective, to say the least. When you convict someone based solely on the accusations of a small child, with no evidence (in many of our cases, the actual evidence points towards the defendant’s innocence), justice is not served. Innocent people go to prison when an accusation is all that is needed to convict someone “beyond reasonable doubt.”

Step Two: The second step in this so-called strategy, is to shift the focus to “law enforcement, parents, and anyone else connected with the case.” We call this looking for evidence. The prosecutor says this is a ploy to emphasize “issues that have little to no bearing on the reliability of the victim’s in-court testimony.” This is blind. Who else would you look to than a child’s parents when trying to determine whether or not a child is truthful? The prosecutor is upset by the defense pointing out that protocol wasn’t followed during the case. He says “pointing out that an investigator did not follow proper protocol during…an investigation may establish that he/she needs further training, but it has nothing to do with the reliability of the child victim’s testimony.” There is a reason protocol is put into place. Many of the protocols investigators are required to follow are in effect to not lead child victim’s into answers, or make assumptions. When these protocols aren’t followed, mistakes are made. And, when you are dealing with a person’s life, it is unjust to ignore them.

Our Strategy: Demand Evidence in Child Sex Assault Cases

Here at the O’Malley Law Office, we know the truth about child sex assault cases: Many of them are the result of false accusations. And, if the accusations hold some truth, we understand that children are often scared to accuse the actual abuser, and therefore make accusations against someone else they know. We have seen many cases where troubled children lie and manipulate. We don’t allow this to happen. We shed light on the case and work hard to gather evidence to prove our story. The former prosecutor wants to blindly believe children, without pausing to consider whether or not they could be lying. This kind of blindness doesn’t help true victims of sexual abuse.


If you have been falsely accused of Sexual Assault on a Child, 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 sippakorn at FreeDigitalPhotos.net

Aug 29

Absurd Laws in Colorado: Is Incest One of Them?

There are many absurd laws in ColoradoThere are many absurd laws in Colorado. For example, did you know that in the City of Boulder, it is illegal to roll rocks on public property? The law states:

“No person shall roll, throw, or otherwise move any rocks or boulders on any public property.”





Obviously, the rolling of boulders is a big issue – think of the people put in danger from rolling stones?  But what about skipping stones across the lake? Another absurd law is in effect in Pitkin County. Did you know it is illegal to have a snowball fight in a public park in Aspen? The law states:
“It shall be unlawful for any person to throw any stone, snowball or other missile…at any person or in any public way.”






You’d better not participate in a good snowball fight if you’re hanging out with your friends in the park. What you thought was a good-natured game of fun can result in criminal charges.  Obviously, these laws are ridiculous – many similar laws are in effect in Adams, Jefferson, and Denver County. But, when I say that Incest may be an absurd law, most people will instantly disagree. But, in some situations, Incest charges can be just as ridiculous as a law against the rolling of boulders or the throwing of snowballs. Let’s take a closer look:

What is Incest in the Denver Area?

For the purposes of this blog post, we’ll look at Aggravated Incest – C.R.S. 18-6-302, which is charged in Douglas, Arapahoe, and El Paso County when a person knowingly has a sexual relationship with “his or her natural child, stepchild, or child by adoption.” Right off the bat, it doesn’t seem like this in an absurd law. Parents (even parents who aren’t related to a child), shouldn’t have sex with their children. But, as criminal defense attorneys with over 25 years of experience, we have seen this law applied in absurd ways. I’ll use an example to make it easy to understand:

The Story of Cassie and Tom: Incest Charges in Colorado

Cassie always needed a lot of attention. Her dad wasn’t there for her growing up, so she constantly sought for approval from men. One day, she met a man named Greg – he was 39 years old, but young at heart. People were surprised the 19-year-old Cassie was drawn to someone twice her age, but Cassie and Greg were in love and got married. A year into their marriage, Greg admitted he had a 20 year old son from a failed relationship when he was young. His son, Tom, was having a tough time and needed to come live with his father. He moved into the home with Cassie and Greg, and everything seemed to work out perfectly. But, as the months passed, Greg grew busier with his work, and Cassie grew lonely. She and Tom spent a lot of time together, and slowly, a relationship blossomed. After all, they are both 20 – young, and full of life. What they don’t know, is that their relationship is illegal. If reported, Cassie would face Aggravated Incest charges, because Tom is her stepchild.

The Incest statute doesn’t take into account consent or age of the “victim.”

The Absurdities of Incest Charges

There are a few absurd things in the Incest statute. For example, “child” is defined as “a person under twenty-one years of age.” In what world is a 20-year-old a child? An adult of this age can do everything but vote and drink – they can join the military, go to prison, get a job, and drive a car. Their parents no longer have any legal hold on them. Second, there is no consideration as to whether or not the relationship was mutual. In the case of Cassie and Tom, they were both consenting adults who engaged in a relationship. The third absurdity in the Incest law is the level of severity of the offense. If a person is convicted of Incest or Aggravated Incest, they will face an indeterminate prison sentence. The judge is unable to set the upper limit of the sentence, so they could spend life in prison. How is this justice? The law needs to take into consideration the age of the “victim,” whether or not they consented to the sexual contact, and also tone down the consequences.

Why You Need a Lawyer for Absurd Laws

While the likelihood of being arrested and charged for throwing snowballs in Aspen, or rolling stones in Boulder is small, there are other absurd laws, such as Incest, which can result in serious, life-changing consequences. Common sense tells us that consenting adults should be able to have relationships with whomever they choose. But, absurd laws are often charged throughout Colorado, regardless of common sense. This is why you need an expert criminal defense attorney on your side, advocating on your behalf. Getting your case dismissed is our top priority, and we work hard to present a strong case to a jury to support your acquittal.

If you or a loved one has been charged with an absurd law like Aggravated Incest, 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

Aug 27

Arapahoe County Man Faces Internet Sexual Exploitation of a Child Charges

Facing Internet Sexual Exploitation of a Child charges after a police sting?Earlier this year, I came across a story about an Arapahoe County man who faced Internet Sexual Exploitation of a Child charges after a police sting. This didn’t surprise me; police sting operations are increasingly common throughout Colorado as police departments seek federal grants to supplement their budgets. Let’s look at a few elements of this crime and why most people arrested for this offense were caught as the result of a police sting.

Internet Sexual Exploitation of a Child Charges: A Closer Look

Put simply, Internet Sexual Exploitation of a Child – C.R.S. 18-3-405.4, is charged whenever these two elements are met:

  1. A person communicates online or over the phone (chatroom, text message, social media, etc.) with a child who they know to be under the age of 15, and
  2. During this communication, the person invites or entices the child to expose or touch their own (or another person’s) intimate parts, or observe the person’s intimate parts.

Internet Sexual Exploitation of a Child is a class 4 felony in Douglas, Adams, and Denver County. This crime is also subject to indeterminate sentencing, which means a person can be sentenced to the Colorado Department of Corrections for 2 years to life. A conviction also requires sex offender treatment (overseen by the Sex Offender Management Board), and registration as a sex offender.

Undercover police officers pose as children online.

Police Stings Result in Internet Sexual Exploitation Charges

Police stings are commonly used throughout Douglas, El Paso, and Lincoln County for internet sex crimes. This is because an undercover police officer can easily pretend to be a 14-year-old girl in an internet chat room. In fact, police officers all over the state receive grants to fund their sting operations. They focus on catching the “bad guy,” but fail to understand one thing: Most cases of Internet Sexual Exploitation of a Child are victimless. There is not an actual young person put at risk. These types of victimless crimes, often involving Entrapment, are filling up our prisons and clogging our courts. Our criminal justice system could be working to help real victims, but instead, is focusing on victimless crimes for which they can receive grants to keep their jobs, and buy the latest police equipment, new patrol cars, uniforms, and weapons.

Facing Internet Sexual Exploitation of a Child Charges? Call Us Now

Have you been charged with Internet Sexual Exploitation of a Child as a result of a police sting operation? Do you think you may have been entrapped by police? Don’t hesitate to contact one of our excellent criminal defense attorneys. We have years of experience in the courtroom, and we have a thorough understanding of criminal law in Littleton, Aurora, and Arvada. Don’t stand alone in front of a judge or jury – work with an advocate who will fight hard in your defense. Getting your case dismissed or an acquittal at trial is our top priority – we fight to win.
Contact an attorney

If you or a loved one has been charged with Internet Sexual Exploitation of a Child in Centennial, Highlands Ranch, or Lone Tree, 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 jscreationzs, at FreeDigitalPhotos.net

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