Oct 24

Well-Known Icons a Magnet for False Sex Assault Accusations

Famous people are magnets for false sex assault accusations in Denver. Not a day goes by that you don’t hear about a well-known icon in our country who has been accused of a crime. In recent news, Jerry Jones, the owner of the Dallas Cowboys, was accused of Sexual Assault. Now, before you grow angry at this man for allegedly assaulting a young woman, stop and think about something: Jerry Jones’ net worth is $2.7 billion. That’s reason enough for someone to make false accusations. While none of our clients are billionaires, we uncover many motives for making false accusations in Adams, Denver, and Jefferson County courts.

Motive for False Accusations against Jerry Jones: Money

Well-known icons are often magnets for false accusations. Think about it: Jerry Jones is worth $2.7 billion. That’s 2.7 billion dollars, which is an enormous amount of money. The young woman who accused the football team owner, said he had groped her and forcibly kissed her. She then said he paid her off so she wouldn’t go to the police. This alleged assault supposedly took place in 2009. A judge dismissed the case last week, because the incident was outside the statute of limitations. Jones’ criminal defense attorney says the allegations are “completely false,” and were simply a “money grab.” While we haven’t defended people falsely accused for money, we have defended innocent clients who were falsely accused for other reasons.

Other Motives for False Allegations of Sexual Assault

The motives for false accusations range from a desire for revenge, control, or attention.

As seasoned criminal defense lawyers, we have seen many motives for false accusations of Sexual Assault, Unlawful Sexual Contact, and other sex offenses in Arapahoe, El Paso, and Douglas County. When adults make accusations, it is usually out of a desire for revenge or control. Maybe their ex has a new girlfriend, and they’re upset their own relationship ended. A call to the police, and that old boyfriend is arrested and in a world of trouble. Unfortunately, the police almost always believe the alleged victim wholeheartedly – even when there is evidence to the contrary. When children make false accusations, it is usually out of a desire for attention, or misplacing blame. When a child makes up stories about someone in their life, they instantly get enormous amounts of attention or pity. Or, they make accusations to get out of trouble and avoid punishment. In some cases, children have been sexually abused, but then accuse an innocent person because the true abuser is a loved one. Whatever the case, false accusations of sex crimes are prevalent in our society. Well-known icons are a magnet for these claims, but so are everyday people like you and me.

Are You Innocent? Why You Need a Lawyer

You need a lawyer even if you are innocent. The criminal justice system is severely “victim-focused.”

If you have been falsely accused of a sexual offense, you are most likely tempted to fight the allegations on your own. After all, you are innocent! Unfortunately, this is not how our criminal justice system operates – especially when it comes to sex crimes. The police treat sex crime cases as if it has been prove the alleged victim is really a victim. And, District Attorneys are victim-focused – they are prosecuting for them, after all. This creates an extremely difficult environment for an innocent defendant, however. If the “victim” says they were victimized, but the defendant says they are the one being victimized, the court system usually sides with the alleged victim. It comes down to who is more believable. Is it the little girl who says she was touched, or the older, scruffy man who says he is innocent? A jury is swayed by human emotions. This is why you need an expert criminal defense lawyer in the courtroom with you. You need someone fighting on your behalf who has a thorough understandig of the way judges, juries, and DA’s think. The outstanding lawyers at our office have over 30 years of combined courtroom experience and can help protect your future by defending you in court.

If you or a loved one has been falsely accused of a sex crime, 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.

Oct 22

Why Do Kids Sext? Sexting and Sex Offenses in Denver

Why do kids sext? Learn about the criminal implications.There are sex crimes being committed every day in high schools in Denver, Arapahoe, and Jefferson County, and all across Colorado. These crimes are being committed openly. In fact, the offense is assumed and expected. This crime is Sexual Exploitation of a Child – C.R.S. 18-6-403, and it is committed when teens engage in sexting. In this blog, we’ll take a look at why kids sext, and how easy it is for them to be charged with a sex offense if they are caught.

It’s Common for Kids to Sext in Douglas and Arapahoe County

I read an article recently which discussed how common sexting really is among teenagers. In one school in another state, the police began investigating at a high school after hundreds of illegal photos of young people were posted to an Instagram account. Students were interviewed in an attempt to find out how many of them were part of a “sexting ring” at the school. They believed the sexting was an organized criminal affair – in realty, it was much more widespread than they thought. When questioned about how many of them had sexted, most students replied: “everyone.” Hundreds of phones were confiscated because they contained child porn. The police soon realized that the “victims” of the exploitation had created the photos themselves and willingly sent them to boys. The police went from calling the girls “victims,” to “I guess I’ll call them victims,” to “they victimized themselves.” It was found that young women were expected to provide images – many were pressured, but many willingly participated. The boys didn’t view the photos as anything too special –after all, pornography is available at the touch of a button. Instead, they viewed the photos more as a Pokémon or baseball card collection – proudly showing off their latest find with their friends.

Teenagers feel invincible, and don’t realize sexting can be a crime with serious implications.

When Kids Sext, is it a Crime?

When kids sext, they don’t understand the legal implications which could have a huge impact on their future. They feel invincible, and don’t realize that creating, sharing, or possessing sexually explicit photos of underage people is a crime in Littleton, Highlands Ranch, and Aurora. It is called Sexual Exploitation of a Child. In Adams, Douglas, and El Paso County, it is a serious sex offense which results in prison time for adults who are convicted. Also, it is a sex offense, which means a juvenile adjudicated or convicted of the offense would be required to register as a sex offender and go through sex offender treatment overseen by the Colorado Sex Offender Management Board (SOMB).

Laws Haven’t Caught Up with the Times

How do you protect a victim when the victim produced the images?

In the high school where the police were looking for the sexting ring, they decided to wipe the illicit images from phones, and warn the teenagers to stop their behavior – next time they wouldn’t be as forgiving. The problem with this offense, however, is that the laws haven’t caught up with the times. How do you protect a “victim” when the “victim” willingly provided the images? This doesn’t happen in Colorado. We have represented many teenage boys who have been charged with Sexual Exploitation of a Child for possessing an explicit photo of a girl – a photo that was sent to him unsolicited. We work hard to educate parents and their kids about the dangers of sexting. Even if they aren’t charged with a crime in Centennial, Denver, or Lone Tree, the photos could come back to haunt them later in life, when they’re trying to get a job or find a home. If your child has been contacted by the police regarding sexting, don’t hesitate to contact one of our outstanding criminal defense lawyers who has a thorough understanding of the law regarding sexting. Don’t put your kid’s future in the hands of a public defender or have them plead guilty. Protect their future by contacting an attorney immediately who can give you the facts of the situation.

If your kids have been contacted by the police regarding sexting, be smart, tell them to exercise their 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 child’s future.

Oct 20

Two Common Myths about Sex Offenders in the Denver Area

Let's debunk two common myths about sex offenders in Colordo. When people hear the words “sex offender,” the words “pervert,” “violent,” and “creep” are usually included in the conversation. Unfortunately, most people don’t understand the laws regarding sex offenders in Adams, Douglas, and Jefferson County. They don’t know they believe many of the myths surrounding sex offenders. Let’s take a look at a couple of these myths so we can better understand sex crimes in Colorado.

Myth #1: All Sex Offenders are Perverts

One of the most common myths is that all sex offenders are perverts. The general consensus is that sex offenders are pedophiles who have reoffended and should never be allowed in public. This is simply not true. In fact, many good people have believed this myth, only to be charged with a sex offense themselves. There are a few ways you can be unjustly labeled a sex offender in Denver, Arapahoe, and El Paso County.

1. Falsely Accused

We have worked with many clients who have been falsely accused. This is extremely common among people who are in a position of trust, whether it be a step-father, youth pastor, or teacher. All it takes for a conviction is a child telling a story about being sexually touched (even over clothing) by someone they know, and a jury who believes them.

 2. Easily Committed Sex Offense

There are a few crimes in Colorado which are labeled as sex crimes, but are easily committed. For example, a person will be labeled as a sex offender if they are convicted of Public Indecency twice. You can be charged with this crime for simply peeing in public. Also, the crime of Unlawful Sexual Contact is often charged in bars after a man grabs a woman’s butt after one too many drinks.

Myth #2: Sex Offenders are Becoming More Prevalent

Another commonly believed myth is that there is an increase in sex offenders. This is a bit of a two-part myth, however. While it is true that sex offenders are becoming more prevalent, it is not because there is an increase in the number of true sex crimes that are committed. Instead, our laws have become broader, and more and more people are registered as sex offenders when there is no need to do so. A man touching a woman’s clothed butt in a club shouldn’t be required to register as a sex offender and go through the same treatment as a serial rapist. But, they are treated the same by our criminal justice system.

Don’t stand alone in court – work with a lawyer who fights to win.

Many Myths: Why You Need a Sex Crimes Lawyer

There are many myths about sex offenders in Littleton, Cherry Creek, and Broomfield and all throughout the Denver metro area. Unfortunately, people are quick to judge when it comes to sex crimes. If you have received a ticket, summons, or Criminal Complaint for a sex crime, you need the help of a knowledgeable, understanding criminal defense lawyer. There are two reasons for this:

  1. If your case goes to trial, you’ll need a passionate criminal defense attorney advocating on your behalf. Juries need to be carefully instructed about the standard of proof when it comes to sex crime cases.
  2. If you lose your case and become a registered sex offender, your life will be greatly limitited, and the public will view you with disgust. You need to fight the charges against you to protect your future.

The criminal defense lawyers at the O’Malley Law Office have over 30 years of combined courtroom experience. We know what judges and juries are looking for. We know the tactics used by the District Attorney. Don’t stand alone in court – work with a lawyer who fights to win. We are proud of our jury trial acquittal / not-guilty statistics.

If you or a loved one has been charged with a sex crime, don’t believe the myths: 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 Pixabay

Oct 17

Former Cop Arrested for Internet Luring Charges in Jefferson County

A former cop was arrested for Internet Luring in Colorado. Often, when the public hears about someone being arrested for a sex offense, they think that person must be an outcast or “pervert.” Unfortunately, what most people don’t realize, is that people who are charged with serious sex crimes in Douglas, Adams, and El Paso County didn’t just wake up one day and decide to commit a crime. When it comes to sexual offenses, the symptoms and desires creep up until a crime is committed. This happens to good people who make mistakes and allow sin in their lives. This happens to people we tend to respect – people like teachers, pastors, and police officers in Arapahoe, Denver, and Boulder County. Let’s look at a recent case where a former cop was arrested for Internet Luring charges.

Many People Commit Sex Crimes: Even Former Cops

Earlier this year, a man was arrested and charged with Internet Luring of a Child and Attempted Sexual Assault of a Child in Jefferson County. He wasn’t a homeless man, or creepy cult leader. In fact, he was a former cop from Denver. According to news reports, the man was driving from Colorado Springs to Littleton to have a sexual encounter with a person he thought was a teenaged girl (who was really a District Attorney technician posing in a sting operation). He was charged with two sex offenses. Let’s look at each one and why he was charged:

  • Internet Luring of a Child – C.R.S. 18-3-306

Internet Luring of a Child is charged whenever a person communicates with a person under the age of 15 (or who they believe is under the age of 15) online or over the phone, and discuss “explicit sexual conduct.” They must also suggest a meeting for any purpose in order to be charged. According to the news, the man first sent a message to who he thought was a young teenager, but in reality was a trained technician working for the DA. The conversation turned sexual, and the former cop suggested the two meet. The communication and suggestion met all the requirements for an Internet Luring charge.

  • Attempted Sexual Assault on a Child – C.R.S. 18-3-405

Sexual Assault on a Child is charged whenever a person 4 years older has any sexual contact with a child younger than the age of 15. Because the former cop was driving to meet who he thought was a young girl, he was charged with Attempted Sexual Assault on a Child. This is because, while he didn’t actually commit the crime of Sexual Assault, he took a “substantial step toward the commission of the offense.”

Why You Need a Lawyer for a Sex Offense Charge

We need to change the public perception of sex offenders. Not all sex offenders are horrible people. Some have been falsely convicted. Others made a small mistake and are being punished for a lifetime. Others slowly got embroiled in sin and committed a sex crime. Whatever the situation, reacting out of fear and disgust will help no one. It won’t help the innocent, and it won’t help people who need treatment for a sexual distortion. Here at the O’Malley Law Office, we believe it is important for a just society to fight for the rights and freedoms of every person. But, the criminal justice system is harsh on sex offenders – they don’t have compassion. This is why you need to work with an honest, understanding, and passionate criminal defense lawyer if you or a family member or friend is facing a sex crime charge. We fight to win.

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

Image courtesy of photostock at FreeDigitalPhotos.net

Oct 15

Hacked Nude Photos: A Possible Sex Crime in Denver?

Should hacked nude photos be a sex crime?You may have heard the news about the nude photos of a few famous celebrities which were hacked and distributed online these past few weeks. According to reports, the iCloud accounts of multiple celebrities were hacked because of a security flaw in the Apple product. The photos were then released online to the public. Recently, one of the celebrities whose account was hacked – Hunger Games star Jennifer Lawrence – broke her silence about the situation. In her statement, she says the hacking should be viewed as a “sex crime,” not a scandal. Currently, there are no laws in Arapahoe, Adams, or Douglas County which make releasing nude photos a sex crime. It is illegal, however. This is a law dealing with what is called “revenge porn.” Let’s look closer at the existing law, and also the hacked nude photos situation.

Hacked Nude Photos Leaked: Sex Crime?

According to actress Jennifer Lawrence, she believes the hacking and releasing of the photos should be a “sex crime.” She continues by saying “it is a sexual violation. It’s disgusting. The law needs to be changed, and we need to change.” She also calls out anyone who looked at the photos, saying they should “cower with shame” for “perpetuating a sexual offense.” Now, it is important to understand that there are currently no sex crimes dealing with releasing nude photos to the public. This does not mean it is legal, however. A new law went into effect early this year which deals with the unauthorized release of naked photos to the public in Jefferson, El Paso, or Denver County. This law is called Posting a Private Image for Harassment – otherwise known as “revenge porn.”

Hacking nude images and sharing them falls under the “revenge porn” law.

Revenge Porn: The Release of Nude Photos for the Purpose of Harassment

The new law – C.R.S. 18-7-107 and 18-7-108, makes it illegal if a person posts the private photos of another person’s intimate parts online:

  • With the intent to harass and inflict “serious emotional distress” upon them;
  • Without the depicted person’s consent;
  • Or if that person had a reasonable expectation the photos would remain private;
  • And the depicted person suffers serious emotional distress as a result.

So, this law fits when it comes to the hacked nude photos of the celebrities. If the crime had occurred in Colorado, the perpetrators would be charged with this “revenge porn” law. This law isn’t a sex offense, however. It results in a possible jail sentence.

Should Releasing Hacked Nude Photos be a Sex Crime?

Should hacking a person’s online account and release private nude photos be a sex crime like Ms. Lawrence wishes? As skilled criminal defense attorneys who specialize in sex crimes, we have a thorough understanding of how the criminal justice system treats sex offenders. In short, the system doesn’t work. This is because so many crimes are classified as sex offenses. And, when a person is a sex offender in the system, they undergo the same sex offender treatment as everyone else. This doesn’t help or rehabilitate anyone. If releasing hacked nude photos was made a sex offense, a person convicted of this crime would go through the same treatment as a serial rapist. This doesn’t protect the public, and doesn’t help people who need rehabilitation. We disagree with Ms. Lawrence – while those people who hacked her private account should be held responsible for their actions, they shouldn’t be classified as sex offenders. To do so would overload our prisons and treatment providers.

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

Image courtesy of Stuart Miles at FreeDigitalPhotos.net

Oct 13

Female Schoolteacher Accused of Having Sex with Student

A female schoolteacher has been accused of sleeping with a student.It has happened again. It seems like every few months a female schoolteacher is accused of having sex with a student. We’ve written about it again and again. Each time it happens in Colorado, the teacher is charged with Sexual Assault on a Child by a Person in a Position of Trust. This is a serious crime in Denver, Adams, and Douglas County with long-lasting consequences. The involvement of an outstanding criminal defense attorney can mean the difference between probation and a life-sentence. Let’s take a look at this recent case and the crime in order to understand how you should defend yourself if you’ve been accused.

Young Teacher Has Sexual Trysts with Students

According to the reports, the 35-year-old English teacher in a Utah school was on trial for reportedly having sex with a 16-year-old male student. During the course of the trial, another student, a 17-year-old male, came forward with allegations that he, too had slept with the teacher. It’s interesting to note how the entire situation came to light in the first place. Apparently, the young man began boasting to his friends that he had “slept with his teacher.” The teacher’s criminal defense attorney fought the charges against her, saying the boy “pushed for sex.” Under Colorado law, it doesn’t matter if the underage teenager is a willing participant in a sexual encounter – if they are under the age of 16 and have sexual contact with an adult, they will be the “victim,” and their partner will be the defendant.

The young men were boasting about their relationship with the teacher. Why are these “victim” treated the same as a young child victim?

Consequences Don’t Fit the Crime

Sexual Assault by a Person in a Position of Trust – C.R.S. 18-3-405.3, is a sex offense in Arapahoe, El Paso, and Boulder County. There are varying degrees of severity to this offense, depending on the situation. But, regardless of whether you are charged with a class 3 or class 4 felony, a person convicted of this offense will be sentenced to the Colorado Department of Corrections for an indeterminate period of time. This means there is a minimum time to serve with their prison sentence, but no upper limit. For example, their sentence could be for 2 years to life. In situations where a female schoolteacher has a sexual relationship with a male student who is almost an adult (like this most recent case in Utah), we don’t’ feel the punishment fits the crime. We agree it isn’t moral for a teacher to have a sexual relationship with a student – but to put them into the same category and treat them as if they had forced a 6-year-old to have sex is ridiculous. In many situations where an attractive, young female schoolteacher has a relationship with a student, the young men are boasting about the relationship to his friends. This is a common occurrence. So, why are these “victim” treated the same as a young child who was raped? This isn’t justice.

You Need a Lawyer for Position of Trust Charges

When Sexual Assault is committed by a person who is responsible for the well-being of the child (such as a teacher, parent, babysitter, etc.), “Position of Trust” is added to the charges. This makes the charge much more serious. An exceptional criminal defense attorney with years of experience understands the severity of this charge, and knows the best way to defend your future if you’ve been charged. Don’t stand alone in court – work with an advocate whose passion is to protect your future.

If you or a loved one has been charged with Sexual Assault on a Child by a Person in a Position of Trust like the young, female schoolteacher, 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

Oct 10

The Standard of Proof in Denver Sex Offense Cases

Learn more about the standard of proof in sex crime cases in Colorado. In courtrooms across Colorado, including Denver, Jefferson, and Adams County, there is a standard  of proof (or burden of proof ) which the District Attorney must meet during the trial. We often hear terms like “burden of proof,” “beyond a reasonable doubt,” “preponderance of the evidence,” and “clear and convincing,” but we don’t often understand exactly what they mean. In this blog, we’re going to discuss some common terms and what they mean in criminal and civil cases throughout Colorado.

Preliminary Hearings and the Standard of Proof

When you have been charged with a crime like Unlawful Sexual Contact, a preliminary hearing will be set. During this hearing, the judge is looking for probable cause that you committed the crime. They aren’t looking to be convinced you actually did commit the crime, they are simply looking at whether or not there is enough evidence to move forward with your case. During this hearing, the “evidence is weighed in a light most favorable to the prosecution.” They are looking to find evidence which supports your guilt in order to decide whether or not to move forward with the case in Douglas, Arapahoe, or El Paso County.

Preponderance of the Evidence in Civil Cases

In civil cases, the standard of proof is different. The preponderance of the evidence means a jury must be convinced that certain facts are more likely than not (more than 50% likelihood). This is a low level of certainty, and is used in civil courts to determine who wins. This level of certainty (or standard) is also sometimes used by judges when they determine whether or not certain facts or evidence will be allowed in a criminal case (admissibility of evidence).

Clear and Convincing

This standard is also used in civil cases. But, it is used when more is at stake (such as parental rights). According to Colorado Statute 19-3-604, the “clear and convincing” standard is based on a more than 50% likelihood, but isn’t as strong as “beyond a reasonable doubt.”

Beyond a Reasonable Doubt

This standard of proof is the highest in the justice system. In order for someone to be convicted of a crime in Colorado, the jury or judge must find this high standard of proof has been met. But, what is “beyond a reasonable doubt?” The definition can be found in the Colorado Jury Instructions regarding criminal cases 3:04. It says:

“Reasonable doubt means a doubt based upon reason and common sense which arises from a fair and rational consideration of all the evidence, or lack of evidence, in the case. It is a doubt which is not vague, speculative or imaginary doubt, but such a doubt as would cause a reasonable people to hesitate to act in matters of importance to themselves.”Colorado Jury Instructions for Criminal Cases

As you can see, this is a strict standard to meet. To put it simply, think about an important decision in your life. Let’s say you are going to get a life-changing surgery. You meet with the surgeon, and you’re not sure he’s experienced enough to perform the operation. Your level of doubt is a bit too high to trust him. The same goes for a criminal case. If there’s enough doubt in your mind that a defendant committed a crime, you have a duty to say he is “not guilty.”

Why You Need a Lawyer if You’ve Received a Criminal Complaint

Unfortunately, most jurors aren’t familiar with the rules about the standard of proof “beyond a reasonable doubt.” This is why you need an outstanding criminal defense attorney fighting on your behalf in the courtroom. The skilled criminal lawyers at our office carefully instruct the jury and remind them of their duty to follow the rules of the standard of proof. Don’t go into court alone – work with a lawyer who has a thorough understanding of the rules of the court.

If you or a loved one has been charged with a 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 for a free consultation at 303-830-0880. Together, we can protect your future.

Image courtesy of pakorn at FreeDigitalPhotos.net

Oct 08

Victims Call the Police First: Lazy Defendants Lose in Denver Cases

Victims call the police first and defendants lose in Colorado. It’s frustrating. The whiners, the spineless, and the people who victimize themselves, are the first to call the police in Denver, Littleton, and Aurora. You know these kinds of people – the uninsured folks who take their children to the emergency room for a cold, complain about their Starbucks order so they’ll get a free one, and sprain their ankle in the work parking lot and file for worker’s compensation. Unfortunately, when these types of people get into disagreements, they call the police to solve their problems. And so, in the police department’s eyes, they are the “victim.” These calls generally result in cases of Domestic Violence and Unlawful Sexual Contact. Our courts are overwhelmed by cases which could have been easily handled by people personally. As a result, innocent people are charged with crimes, and taxpayers have to foot the bill. What is the source of these problems? And, what can be done to stop the epidemic of ridiculous cases?

Victims Call the Police Instead of Working Out Their Problems

You may think the belief that people call the police to avoid figuring out their problems is harsh. Unfortunately, as criminal defense attorneys in Douglas, Denver, and El Paso County, we have seen this is the truth. People get into disputes; get lazy about figuring out the issues themselves, and call the police. This gives them the ability to:

  • Avoid resolving their own issues
  • Enjoy the benefits of being a “victim”
  • Feel like a celebrity who have a story to tell friends

When the police treat every person who calls them as the victim, without doing any research, it feeds irresponsible people’s desire for attention. It’s like feeding a stray cat. Many Domestic Violence issues could easily be figured out by talking to a counselor, or seeking help from friends. But, instead of working out the problems, many people call the police instead. They love the drama.

Instead of working out their problems, many people call the police instead.

Lazy Police Further the Problem

The reason this epidemic continues, is partly due to the police and their laziness. When a victim calls the police department in Highlands Ranch, Parker, or Colorado Springs, the police simply assume they have been victimized. They usually just charged the first person the “victim” accuses. There are a few reasons for this:

  1. They want to resolve the case quickly – investigating and looking for further evidence slows the process down.
  2. They don’t want their supervisors or the “victim” to make accusations.
  3. They want to pass the case on to District Attorneys and the court as soon as possible.

The problem is then furthered by the DAs in Douglas, Arapahoe, and Jefferson County. They blindly assume the person who called the police is the “victim,” because they want to support the police officer’s decision. In many cases, DAs simply scan police reports right before a hearing or trial. In order to save time, they convince innocent people who have been falsely accused of crimes to accept plea agreements to avoid taking a case to trial. Sometimes, they intimidate the person by suggesting they will go to jail if they lose.

Why You Need a Lawyer if a Sex Offense Victim Calls the Police

If you have a friend or acquaintance who has called the police after an argument or misunderstanding, you need to contact an outstanding criminal defense lawyer immediately. This is because the police and the DA won’t look for the evidence of the case – they won’t see that you are the actual victim. You need an advocate looking for evidence and illuminating the truth of the case. We have questioned people in cases who witnessed the events of a case, but the police didn’t want to speak with them. Instead, the police officer talked to the victim who called, and their friends, and that’s all they wanted to hear. You need someone on your side examining the evidence and fighting for the truth, because the government won’t be looking for the truth in your case.

If you or a loved one has 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 stockimages at FreeDigitalPhotos.net

Oct 06

Western State Student Investigated for Sexual Assault after Consensual Relationship

A Western State student was investigated for rape after a consensual relationship. College life can be tough. Students deal with overwhelming homework, figuring out who they are in life, and living on their own for the first time. Throw in sexual relationships, and in some situations, you can have a real mess. For one student at Western State Colorado University, his relationship with a troubled young woman led to an investigation for Sexual Assault. What he thought was a mutual relationship came back to haunt him. This happens often in Adams, Jefferson, and Denver County, and all across Colorado. Let’s look closer at this situation to see how the “victims” of Sexual Assault often use the system to exact revenge on their exes.

College Relationship Nightmare for Western State Student

Kevin* is a student at Western State (WSCU). He runs on their track team and loves English. Last year, he met a young woman and their flirtation resulted in a sexual relationship which began in finals week. They stayed together for a few months into summer break – even lasting while the young woman checked into rehab for drug addiction and an eating disorder. But, by the end of July, their relationship had ended, and Kevin lived the rest of the summer in the Denver area. When he returned to school, he thought all would be normal. Then, he received an email from a professor, stating he had been removed as the teacher’s assistant position he had held last year. When he met with the Dean of Students, Kevin was shocked to learn the Dean had a letter in his possession which the school found disturbing and unethical. It was a letter Kevin had written to his then-girlfriend during rehab. It was an extremely racy letter, including references to their “Fifty Shades of Grey” inspired sex life. Kevin admitted the letter was his, and then told the dean the relationship had been consensual, so he didn’t see the problem. Kevin thought this would put an end to the affair. He couldn’t be farther from the truth. This was only the beginning of the school’s investigation to the “sexual misconduct involving students.” He was contacted by another school official, who said his ex-girlfriend had filed a complaint against him – saying he had forced her to have sex with him. In Boulder, Arapahoe, and Douglas County, allegations like this would result in a criminal complaint for a Sexual Assault charge. Kevin was baffled by the allegations. His girlfriend had been the instigator of their bondage-themed love life, and he had hundreds of emails and texts to prove it. She was obsessed with “Fifty Shades of Grey,” and he had participated because it meant something to her. Why would his ex attack him in this way? An email between the young woman and a professor illustrates the motive perfectly. In the email exchange, the professor tells the young woman to let her know if she wanted Kevin’s life to “suck without him knowing why, I can probably get that accomplished!” The deeply troubled young woman was angry and revengeful about the breakup, and was trying to get back at him. This happens constantly in schools across the state – at the University of Denver (DU), Colorado State University (CSU), Colorado University (CU) and Metropolitan State University.

Criminal Justice System is Unjust in Sexual Assault Cases

Kevin was disgusted by the way Western State handled the investigation into his personal life. They never fully informed him about the charges against him, assumed he was guilty before he had been proven innocent, and showed a strong preference for the “victim” in his case. This is true across the board when it comes to Sexual Assault cases. The police, District Attorneys, judges, and juries focus only on the alleged victims in rape cases. A person can be convicted of Sexual Assault with absolutely no evidence – all they need is the testimony of an alleged victim. This is why you need an unbeatable criminal defense lawyer by your side if you are being investigated or given a summons for Sexual Assault after what you thought was a consensual relationship. Don’t stand alone in court when the entire courtroom believes you are guilty even before you’ve gone to trial. In the case of Kevin, the Sexual Assault case has been dropped, but his reputation at his small college is ruined. Don’t let that happen – contact a skilled criminal lawyer immediately if you are being investigated.

If you or a loved one is being investigated for Sexual Assault at a college, 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.

*Name changed for the purposes of this blog
Image courtesy of stockimages at FreeDigitalPhotos.net

Oct 03

Boulder Man Facing Two Sex Offense Charges

Boulder man facing two sex offense charges related to the internet. It’s not difficult to be charged with two crimes in Douglas, Adams, and El Paso County. Especially when it comes to sex offenses – which tend to build upon each other. For example, in recent news, a Boulder man was arrested for possessing child pornography. After reading the article, we believe he’ll most likely be facing two sex offense charges; Sexual Exploitation of a Child and Internet Sexual Exploitation of a Child. Let’s look closer at these two offenses to learn why.

What is Sexual Exploitation of a Child – C.R.S. 18-6-403?

Sexual Exploitation of a Child is charged whenever a person is found in possession of sexually explicit materials which involve children. In other words, it is charged when someone possesses, distributes, or creates child pornography. For a small amount of images, this crime is usually a class 6 felony, which carries a possible prison sentence of up to 18 months. It is also a sex offense in Denver, Jefferson, and Arapahoe County, which will require anyone convicted of it to register as a sex offender and go through sex offender treatment overseen by the Colorado Sex Offender Management Board (SOMB).

Internet Sexual Exploitation can result in an indeterminate prison sentence.

What is Internet Sexual Exploitation of a Child – C.R.S. 18-3-405.4?

Internet Sexual Exploitation of a Child is charged whenever a person communicates with a child under the age of 15, and in that communication asks them to send them a sexually explicit picture of themselves. This is commonly known as “sexting.” This crime is a class 4 felony. But, it is subject to indeterminate sentencing, which means there is no upper limit to how long a person can spend in prison. Also, because it is a sex offense, a person convicted of this crime will be required to go through sex offender treatment and register as a sex offender.

Why the Boulder Man May be Charged with Two Sex Offenses

The man in Boulder may be charged with two sex offenses. This is because investigators found evidence of child pornography on his computer and phone, which results in a charge for Sexual Exploitation of a Child. In addition to these images (or videos), they found evidence that he was having sexually explicit conversations with an underage girl. Usually, sexually explicit conversations include a request for a sexually explicit photo, which results in a charge for Internet Sexual Exploitation of a Child. This young man would be wise to contact an unbeatable criminal defense attorney to defend and protect his future in court. Because he is 19, there are possible defenses in his case. In order to be charged with Internet Sexual Exploitation of a Child (the more serious offense), the child has to be under the age of 15, and the defendant must be more than 4 years older. Depending on when the communication took place, this young man may have a defense in court.

If you or a loved one has been charged with two sex offenses like the young man in Boulder, 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

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