Nov 21

Ten Year Old Boy Caught Sexting: Will He Face Sex Crime Charges?

A ten year old boy was caught sexting. Learn more about the charges he could face in COWe receive many phone calls from distraught parents who tell us their child has been charged with a crime. They were caught sexting at school, and are facing Sexual Exploitation of a Child and Internet Luring of a Child charges in Denver, Arapahoe, or El Paso County. They are always shocked when they learn their teenager has been exchanging sexually explicit photos and text messages with other students. But, when you consider today’s sex-obsessed culture, it isn’t surprising that kids begin engaging in sexual behavior earlier than ever before. In fact, I just came across a story last week that even I found surprising: A ten year old boy was caught sexting. If criminal charges are pressed against him, this little boy could be labeled as a sex offender. Let’s take a look at the two crimes he could be charged with:

Sexual Exploitation of a Child – C.R.S. 18-6-403: Sexting in Denver Schools

Sexual Exploitation of a Child is charged  in Adams, Douglas, and Jefferson County whenever a person is found to be in possession of child pornography. This involves pictures or video of a child under the age of 18 engaging in sexually explicit behavior. Many people can’t see how this relates to sexting – the images that are exchanged by teenagers are more of a currency – the girls in the photos are willing participants – often, they send their pictures unsolicited to boys they like. But, the statute doesn’t take into account how or even why the pornography was obtained. If it is found on a teenager’s phone, they can be charged with a crime. I have worked with many young teenage boys who received an explicit photo from a classmate without asking, and simply kept it on their phone.

Many of my clients received an explicit photo from a classmate without asking.

Internet Luring of a Child – C.R.S. 18-3-306: An Invitation to Meet

Even consensual relationships can end with criminal charges.

Internet Luring of a Child is charged in Larimer, Pitkin, and Fremont County whenever a person  engaged in sexually explicit conversation with a child under the age of 15 (and they themselves are 4 years or more older), and then make a suggestion or invitation to meet for any purpose (it doesn’t have to be for sexual contact). In other words, a 13-year-old girl could have a 17-year-old boyfriend (not uncommon in this day and age). They could start sexting (discussing sexually explicit behavior), then decide to meet up later to grab ice cream. The young man could be charged with Internet Luring.

Sexual Behavior Younger and Younger: Ten Year Old Boy Could Face Charges

Kids are engaging in sexual behavior young than ever before.

Kids are engaging in sexual behavior at younger ages than ever before. The ten year old boy who was caught sexting could face criminal charges. If he lived in Colorado, he could be charged with Sexual Exploitation of a Child (even though the explicit pictures were of himself). He would be labeled as a juvenile sex offender, and be required to go through sex offender treatment. While juvenile sex offenders receive much better treatment than adults, a sex offense adjudication can have a negative impact on a child’s life. The treatment is extremely invasive and extremely difficult to get through.

Parents Need to be Aware of their Children’s Online Activity

The father of the ten year old boy has taken full responsibility for his son’s actions. He is taking appropriate actions to punish and rehabilitate his son. But, despite his actions, his son could face criminal charges which will follow him for the rest of his life. The father is coming forward with his son’s story to warn other parents to be careful giving their children a phone unsupervised. Our sex-absorbed culture combined with technology creates a perfect storm of opportunity for children to engage in sexual behavior. Watch what your children do online. Don’t give phones to children at young ages. They can do damage to their futures without even knowing it.

If you have a child who was caught sexting and has been charged with a sex offense, be smart, tell your child 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.

Nov 19

Teacher Has Been Sentenced Indeterminately in Denver for “Cup Checks”

Teacher sentenced indeterminately for "cup checks" in Denver.The punishment doesn’t always fit the crime when it comes to the criminal justice system in Adams, Denver, and Jefferson County. As an accomplished criminal defense lawyer for over 20 years, I have seen many good people overcharged with crimes. And, when it comes to sex crimes, the sentencing is often extremely unjust. For an example, let’s look at a recent story where a Denver-area teacher has been sentenced indeterminately for his crimes.

“Cup Check” Result in Life in Prison in Colorado?

A Denver area teacher has been sentenced indeterminately. He was originally charged with 18 counts of Sexual Assault on a Child by a Person in a Position of Trust, but was convicted by a jury to 5 of the charges. As a result, he was sentenced to the Colorado Department of Corrections for 8 years to life. You would think that a lifetime sitting in prison would only be the result of violent or sexual abuse. But, this case is the perfect example of how you can be convicted of a serious sex offense without any actual sexual touching occurring. According to the news reports, the teacher was charged because he “struck male students’ genitals.” He allegedly did this for “cup checks,” which is done to make sure the boys are geared up correctly for physical activity where they could get injured.

No children were injured or abused, but this teacher is being treated like a pedophile.

Is Over-the-Clothing Touch Considered Sexual Assault?

When you read this story, the question which begs to be asked is: “Does over-the-clothing touch result in a Sexual Assault on a Child charge in Arapahoe, Douglas, and El Paso County?”  In order to answer this question, let’s look at the statute for Sexual Assault on a Child by a Person in a Position of Trust – C.R.S. 18-3-405.3:

Any person who “knowingly subjects another…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.

The next question we need to ask is, “what is the definition of sexual contact?” This is defined under C.R.S. 18-3-401:

Sexual contact means the knowing touching of the victim’s intimate parts by the actor, 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.

As you can see, the law includes the words – the “clothing covering the immediate area of the…intimate parts.” According to the statute, the District Attorney must also show the touching was for the purpose of “sexual arousal, gratification, or abuse.” In this teacher’s case, the purpose of the touching didn’t appear to be very clear. Instead, they based his motive on faulty reasoning, saying “if he had demonstrated the same behavior with female students, there would have been no doubt about his intent.” In other words, they couldn’t establish his motive or purpose for the touching.

Why is this man who “doesn’t do anything but think of others” being sent to prison for the rest of his life?

Teacher Sentenced Indeterminately: Is this Just?

This teacher was sentenced as an example for the community. This isn’t justice.

Before we write this teacher off as a monster who abuses children, let’s take a moment to think about what he did. While “cup checking” isn’t good behavior, should it result in a lifetime prison sentence, sex offender registration, and sex offender treatment? This teacher is being treated the same as a person who sexually assaults a child repeatedly. And, this teacher has no prior history of abuse of children. His mother testified on his behalf before sentencing, saying: “I hope to God you won’t put him in prison. It will kill his spirit. He is the sweetest person I know. He doesn’t do anything but think of others.” This doesn’t sound like a pedophile, so why is this teacher being treated like one? This sentence is obviously unjust, so why is the court allowing it? We believe it is because of pressure from victims and special rights groups. Don’t believe me? The mother of one of the alleged victim’s sums it up perfectly when she says she knows the “community has seen more horrific crimes, but the court should make an example out of” the teacher to “deter future offenders.” This poor man will spend most of his life in prison as an example, even though (according to the judge) the “children were not physically injured.”

If you or a loved one has been charged with a crime which is subject to indeterminate sentencing, it is vital that you work with a lawyer who will be your advocate. 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.

 

Nov 17

Are False Rape Accusations Real? Cases in Denver Say Yes

Are false rape accusations real? Our experience in Denver says yes.Whenever the subject of rape is brought up, it isn’t popular to say that false rape accusations are real and common. You can find posts about how you are more likely to be hit by a falling asteroid than be falsely accused of rape. If this is the case, I’ve met many extremely unlucky men, who would much rather have been hit by an asteroid than have their lives ruined by false allegations in Adams, Denver, and Douglas County. The problem with not believing that false rape accusations exist, is that those who are falsely accused aren’t treated with the justice they deserve.

Victims of False Accusations aren’t Treated like Victims

There is no sympathy in our culture today for people who are falsely accused of sexual assault. In fact, our society thrives on sensationalistic news, reveling in victims and their pain. So, when a “victim” turns out not to be a victim, the public is disappointed. Don’t believe me? In recent news, a well-known singer was falsely accused of rape by a fan. He immediately took action, filing a suit against her. The woman apologized, and the singer publicly accepted her apology, and dropped the suit against her. In the words of one author writing for Bustle:

“It’s been quite a roller-coaster for both parties. The news that…[the] accusations are false is crushingly disappointing….false rape accusations are incredibly harmful to rape victims.”

While we agree with this author on one point (false rape accusations are harmful to real victims), to say that finding out the allegations are true is “crushingly disappointing?” That’s a bit extreme. She goes on to say:

“Moving past this allows more attention to be focused on the more pressing issue: fighting real sexual violence. Yes, a famous singer songwriter was falsely accused of sexual assault. But every two minutes, another person is sexually assaulted in America.”

When the author says the fake accusations were a “roller-coaster for both parties” and downplays the wrong done to the singer, it illustrates our culture’s oversight when it comes to false rape accusations. Also, this is a false statement: Only one person’s life and reputation was on the line.

Innocent People are Imprisoned in Colorado

When people downplay false rape accusations, saying they don’t happen very often, they are harming victims of fake allegations. I have defended many innocent men who were falsely accused of sexual assault in Jefferson, El Paso, and Arapahoe County.

Sending innocent people to prison for the rest of their lives is never a good trade-off.

And, since there are rarely any witnesses in cases of rape, these men are convicted based solely on one person’s testimony. There is rarely any physical evidence. This means a woman can accuse a man of sexually assaulting her with no evidence, and the man can go to prison, be labeled as a sex offender, and go through sex offender treatment – even though he did nothing wrong. And, before you think a few innocent men convicted of rape is a fair price to pay for catching true predators, consider that the sentence for Sexual Assault is indeterminate. This means a person will be sentenced with no upper limit on time in prison. There are hundreds of people in the Department of Corrections who are waiting for sex offender treatment, spending their lives in prison. Sending innocent men and women to prison for the rest of their lives is never a good trade-off. It just isn’t justice.

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

Nov 14

Soccer Coach Faces Charges: Be Careful if You Work with Kids in Denver

A soccer coach has been accused of Sexual Assault on a Child. Earlier this year I came across an article about a soccer coach who was accused of Sexual Assault on a Child – C.R.S. 18-3-405, and Enticement of a Child – C.R.S. 18-3-305 in Denver County. According to reports, the coach allegedly lured a 13-year-old boy into his home in order to assault him. Whenever I see a story like this it reminds me of how vulnerable certain professions and hobbies can be. Anyone who works with children in Adams, Douglas, or Jefferson County needs to be wary of the kinds of accusations which can be made. Now, I don’t know whether or not this soccer coach is guilty, but I do know I have defended many people who were falsely accused of assaulting a child. Many of them worked with children on a daily basis.

I don’t know if the soccer coach is guilty, but I do know I have defended many people who were falsely accused by children.

Working with Children Makes You Vulnerable for False Accusations

Not a day goes by without another person who works with children being accused of sexually assaulting a child. Gymnastics coaches, teachers, youth pastors, security guards at schools, counselors, Tae Kwando instructors, hockey coaches – all are vulnerable to accusations of sex crimes against children. If you work with children in El Paso, Clear Creek, or Arapahoe County, you need to be extremely careful. All of these people work with children from all kinds of situations. Some children are raised by loving parents. Some are raised by parents who abuse them. Some children haven’t been sexually abused by family members. Some children have been abused for years. Most children watch sexually explicit television and movies and are exposed to pornography. There is no way to guarantee a child won’t accuse you of molesting them. There are many reasons children make false accusations; whether it be for attention, getting back at their parents for something, or because they are being abused by someone close to them they don’t want to harm. The problem with accusations from children is that the court doesn’t need any physical evidence for a conviction. This is because District Attorneys, judges, and juries are blinded by a desire to seek vengeance when children are the alleged victim, rather than hearing the truth.

Working with Children? Be Careful!

If you work with children on a daily basis, you need to be aware that you are vulnerable to false accusations. Here are a few tips to protect yourself against false accusations:

  • Never be alone with a child. This can be difficult if you are a music teacher or one-on-one coach. If you can’t have other children or an adult in the room with you, have some way of protecting your reputation. Leave a door open to another room while you’re teaching, or record all your lessons on video or an audio device.
  • Be especially careful with troubled kids. If you work with at-risk youth, be extra careful. Work with another person at all times, and simply say “no” if situations arise where you will be alone with them.
  • If you receive a ticket or summons for a sex crime against a child, don’t panic. Instead, contact an understanding, skilled criminal defense lawyer to get involved early on in your case. A criminal defense attorney will be able to advise you of your rights and help gather evidence to prove your innocence.

If you or a loved one works with children like the soccer coach, and have been charged with 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.

 

Nov 12

Women Charged with Revenge Porn Too: Learn About this Denver Crime

Women charged with revenge porn law as well as men. In Arapahoe, Denver, and Jefferson County, and across the country, a new law has gone into effect. This crime, Posting Images for Harassment, is nicknamed the “revenge porn” law. It is charged when a person posts nude and explicit images of another person, without their consent. This crime is largely portrayed as a crime committed by men against women. But, this isn’t always the case. Let’s take a look at a few recent cases where women were charged with this offense.

Women Charged with Revenge Porn Offense

In another state, a woman was charged with Posting an Image for Harassment. According to reports, the woman was arguing with a former boyfriend, and decided to get revenge on him. She stole an explicit picture from his cellphone of his current girlfriend, and posted it on Facebook. She included a caption, saying “not to mess with her.” Months later, another out-of-state woman posted nude photos of her new boyfriend’s ex-girlfriend in Instagram and Twitter. As you can see, these instances of women committing the crime of Posting Images for Harassment are targeting other women, not men. Usually, they are trying to get revenge on the man by humiliating his new girlfriend, or humiliating an old girlfriend in order to garner attention.

Women Tend to Attack Each Other

Women’s tendency to attack other women is made apparent by the existence of websites such as ShesAHomewrecker.com. This website exists for wives and girlfriends to post photos and contact information of women with whom their significant others have cheated. This is done to “expose” them and make them pay. These kinds of postings don’t go against the Posting Images for Harassment law because the images aren’t usually explicit and/or nude.

Charged with a Crime after Posting a Nude Photo? You Need a Lawyer

If you posted a nude or explicit photo of another person, without their permission, you need to contact a hardworking criminal defense lawyer immediately. The revenge porn law is new, and District Attorneys and judges aren’t looking to be lenient in Adams, Douglas, or Pueblo County. Even though this is only a misdemeanor offense, you need to take action and fight the charges against you. It can be difficult to find a place to live or get a job with a criminal record of any kind. Don’t stand alone in front of a judge and try to make your case. Work with a skilled lawyer who will fight to get the charges against you dismissed, or work out a seal-able plea deal.

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

Nov 10

Actress Lena Dunham Admits to Sexual Abuse of Little Sister? Our Take

Did actress Lena Dunham admit to sexually abusing her sister in her new book?The water is extremely muddy when it comes to sex crimes in Adams, Denver, and Douglas County. For example, actress Lena Dunham just wrote a memoir in which she admits to sexually abusing her younger sister. She considers the curious experimentation harmless, but many people are in an uproar. Let’s take a look at the memoir and the accusations that she is a sexual predator in order to see if she could be charged with a crime.

Memoirs of Sexual Abuse? Lena Dunham’s New Book

In actress Lena Dunham’s new memoir, she discusses some of her curious behavior she tried with her sister. She says her “curiosity got the best of” her. She relates how she would bribe her little sister into letting her kiss her on the lips, masturbating in the bed next to her, and ultimately touching a private area out of curiosity. She even refers to herself as a sexual predator, saying she did anything a “sexual predator might do to woo a small suburban girl.”

Lena says she “did anything a sexual predator might do to woo a small suburban girl.”

Outcry Over the Admission of Abuse: Are Her Actions a Crime?

There has been a lot of indignation over Lena’s admission of abusing her younger sister. Her response has been confusing. She is angry at people’s response, and outraged that people are calling her a sexual predator. But, were Lena’s actions really a crime? As criminal defense attorneys with years of experience in Arapahoe, Jefferson, and El Paso County, we work with hundreds of clients charged with sex crimes each year. Let’s take a look at the Sexual Assault on a Child statute in order to determine if Lena’s actions could be considered a crime:

“Any actor who knowingly subjects another…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.”

The definition of “sexual contact” is:

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

It’s important to understand that a person under the age of 10 years old cannot be charged with a crime in the state of Colorado. Because Lena was 7 at the time she says this experimentation took place, we can safely say she wouldn’t have faced criminal charges. But, as you can see, touching the private parts of a child for the purpose of sexual gratification is a serious crime. If Lena had been older, she most certainly would have faced criminal charges for her actions. She herself admits she was doing all the things a sexual predator would do. Why then, is she outraged over the accusations?

Why You Need a Lawyer for Sex Crime Charges

If you have received a ticket, summons, or criminal complaint for a sex offense in Colorado, you need to contact an understanding, hardworking criminal defense lawyer immediately. Even celebrities like Lena Dunham can’t escape the public’s outrage and disgust over sex crimes. You need an advocate in the courtroom who understands the way juries and judges think and can utilize this knowledge to plan the best defense possible in your case. Don’t stand alone in the courtroom – work side by side a skilled trial attorney who will fight hard to get your case dismissed, get an acquittal, or work out a favorable plea deal. Here at the O’Malley Law Office, we fight to win.

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

Nov 07

Investigator Caught in Prostitution Sting Operation

Investigator caught in prostitution sting operation. Sometimes, people get hypocritical when other people commit crimes. The general public has the idea that only a certain group of people commit crimes in Jefferson, Douglas, and El Paso County. But, this simply isn’t true. Everyone is vulnerable. We have defended many good people who have committed sex offenses and other sex-related crimes. We’re passionate about protecting their futures because we don’t believe one mistake should determine the course of their life. Often, the most hypocritical groups of people are investigators, police officers, and District Attorneys. These people tend to be “high and mighty” and look down on those who have made a mistake. This is why it’s especially interesting when we hear one of these people has been charged with a crime. Take, for example, a man who helped draw attention to the prostitution scandal in the Secret Service. Months later, he himself was caught in a police sting monitoring a prostitution ring. Oops.

This man drew attention to the prostitution scandal in the Secret Service.

How the Investigator was Caught by a Prostitution Sting Operation

According to reports, the investigator was seen entering and leaving a location which deputies were monitoring during an anti-prostitution ring operation. When the deputies confronted the investigator, he dug a deeper hole for himself by claiming he was there for law enforcement work; he said he was working on an anti-human trafficking operation. The deputies looked into his statement out of fear they were ruining an FBI probe, but found he wasn’t telling the truth. The investigator then told his superiors he was in the area because of a broken taillight. Conflicting stories and investigation into his story proved he was lying.

What is the Sentence for Soliciting a Prostitute?

While Solicitation of a Prostitute – C.R.S 18-7-202, and Patronizing a Prostitute – C.R.S. 18-7-205, aren’t sex offenses, they are still embarrassing crimes to have on your record. Soliciting a prostitute is a class 3 misdemeanor in Arapahoe, Adams, and Denver County. It is charged when a person sets up a meeting or makes a request for engaging in sexual acts with another person in exchange for money. Patronizing a prostitute is a class 1 misdemeanor, which is charged when the acts are carried out and money is exchanged. Both of these carry a possible sentence of jail time and heavy fines.

Why You Need a Lawyer for Prostitution Charges

If you have been caught up in a prostitution sting operation, you need a skilled criminal defense lawyer to fight on your behalf in the courtroom. This is because a prostitution-related conviction will reflect negatively on your record and character. Many companies refuse to hire people with a conviction like this in their past. Don’t plead guilty to avoid jail time. Take the charges against you seriously and work with an outstanding attorney who will fight to safeguard your future.

If you or a loved one has been charged with 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.

Nov 05

Boulder Detective Warns Suspect in Internet Luring Sting

Why would a Boulder detective warn a suspect in an Internet Luring case?It broke in the news last week: A detective in the Boulder Police Department seemingly warned a suspect in an Internet Luring of a Child sting operation. Sting operations are common across Colorado, in Denver, Adams, and Jefferson County. Police officers pose as underage girls, and work to gather evidence against the person with whom they are communicating. Once enough evidence is gathered, the person is arrested and charged with an internet sex crime such as Internet Luring, or Internet Sexual Exploitation of a Child. It is highly unusual for a police detective on a sting operation unit to warn a suspect. Let’s take a look at what might have happened.

Detective Warns Suspect in Internet Luring Case

According to reports, a young man placed an ad on Craigslist for an intimate partner who enjoyed bondage and would participate in other kinky behaviors. He didn’t state that he specifically wanted a young girl, but a police officer spotted the listing, and responded, pretending to be a 13-year-old girl. The young man responded and didn’t have a problem with her age – and the sting operation began. The suspect and the undercover officer exchanged over 700 text and computer messages over the next few days –some of which described “explicit sexual conduct,” which is a necessary element for an Internet Luring conviction. The next step of the sting operation was planned: Boulder Police Department detectives would arrange a meeting where they would arrest the suspect and charge him with the sex offense. But, something went wrong for the operation – the young man texted the undercover cop, saying he had been warned to not get together. He had received an email saying “Warning!!! Do not meet today w/ 13 YOA girl!!” The suspect thought the email had come from the girl’s parents. But, when the police department tracked down the origin of the letter, they discovered it had been sent by one of their own: A veteran Boulder County police detective who worked with the Internet Crimes Against Children task force. The detective denies he sent the email – he says he left his email account open, and someone used it to warn the suspect.

Allegedly, the detective warned the suspect by email.

Why Would a Detective Warn a Suspect?

While we don’t know why a police detective would warn a suspect in an Internet Luring sting operation, we do know the nature of those sting operations, which could offer an insight into his motives. We have defended many good people who were trapped by the police in a sting operation. Let’s look closer at this case to see what I mean.

Original Posting Wasn’t for an Underage Girl

The original Craigslist posting didn’t mention the young man was looking specifically for an underage girl. He didn’t respond correctly when he believed the responder to be 13 years old, but he wasn’t looking for it specifically.

This is a Victimless Crime

Many people don’t realize it, but crimes like Internet Luring of a Child are “victimless crimes.” No one is hurt or victimized when a sting operation results in someone being charged with a serious sex offense.

Caught by a Police Sting? Why You Need a Lawyer

If a person is convicted of Internet Luring of a Child in Arapahoe, El Paso, or Douglas County, they will be required to register as a sex offender and go through sex offender treatment. While this may seem like a good way to “protect the public,” it is important to understand that they will receive the same treatment as a person who actually harmed a child. Let me put it more simply: A person will receive the same treatment for being convicted of a victimless crime as a person who actually molested a child. We can’t say for sure, but we imagine the Boulder police detective most likely grew weary of convicting men of victimless crimes, only to have them sit in prison and receive unjust and unfair treatment.

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

Nov 03

False Accusations of Kidnapping and Rape in Weld County

People focus on victims of crimes with an emotional response to the drama of the allegations. They don’t often stop to think about whether or not the “victim” is really a victim. They don’t even consider the possibility that the person accused of a horrendous crime could be the real victim. But, false accusations are common. And, in courts in Denver, Adams, and El Paso County, and all across Colorado, alleged victims are coddled and believed by the media, judges, juries, and District Attorneys. Don’t believe me? Let’s take a look at a recent story about false accusations of kidnapping and rape in Weld County. This story takes place in the small town of Windsor, Colorado.

A Date Gone Wrong in Windsor, Colorado

This story begins like many: Two people meet and an instant attraction arises. In the case of the man in Windsor, he was smitten the moment he saw her at work. The two set up a date: They would meet in the Safeway parking lot, and then begin a fun evening of hanging out and getting to know each other. For these two young people, the evening quickly escalated. They were hanging out, and then one thing led to another and they slept together. The next day, however, the young man opened his door to find 10 armed police officers with their guns drawn. It was a presumption of guilt. He was arrested for Kidnapping and Sexual Assault. Where had the date gone wrong? The man was shocked. After all, their sexual relationship had been completely consensual. What the Colorado man didn’t know was the way the criminal justice system works. He was arrested and charged. And, when it comes to crimes like rape and kidnapping, people don’t stop to think you might be innocent – an accusation is enough.

Once an Accusation is Made a Reputation is RuinedFalse accusations of Kidnapping and Rape printed in the news.

Because of the accusations, the man’s life was drastically changed. He was fired from his job. His career in the military was in jeopardy. And, his name and picture were printed in the Greeley, Windsor, and Evans newspapers with the headline: “Windsor Man Arrested at Safeway” for kidnapping a woman at knifepoint, drugging her, and then taking her back to his home and raping her. That’s the story the young woman told. She called the police the day after their date to tell them he had violently kidnapped her and then sexually assaulted her at his home. Everyone the young man knew read the article. In this small town, instant judgments were made. The young man’s life fell apart. Eventually, the young woman’s story unraveled. It was discovered that she had made the whole thing up, and then deleted text messages from her phone which proved the relationship was consensual. The charges against the young man were dropped, and serious felony charges were filed against the young woman. Even though the charges have been dropped against the man, however, doesn’t negate the damage done. He was alienated by his family, lost his job, couldn’t find a job because of the charges against him, nearly lost his military career, and couldn’t find an apartment to rent. At one point, he couldn’t find a job, and so he couldn’t afford the $30 fee for sealing his arrest record. Not to mention that if he had been convicted of the crimes he was falsely accused of, he would have spent his life in prison under an indeterminate sentence, been required to register as a sex offender, and go through sex offender treatment. He said it’s been difficult to forgive the young woman who he thought was a friend.

Why You Need a Lawyer for False Accusations in Greeley

If you’ve been accused of a crime, you’ll be treated as if you have been proven guilty.

I have talked to many people who were falsely accused in Arapahoe, Jefferson, and Douglas County . Many of them think the “truth will set them free.” They think the evidence will exonerate them and that the police will use their resources to get to the truth. Unfortunately, this is rarely the case. Usually, a person who has been accused of a crime is treated as if they are already guilty; the media prints photos of them, they are arrested, and people alienate them. This is why you need an outstanding criminal defense lawyer fighting on your behalf in the courtroom. The criminal defense attorneys at our office have defended many people who were falsely accused. In many cases, even though the evidence was on our side, we had a tough fight to convince the jury to make the right decision and give the not-guilty verdict. If you’ve been falsely accused, don’t cross your fingers and hope for the best. When it comes to sex crime accusations, there is a lot at stake. Invest in a skilled, experienced criminal defense attorney to fight on your behalf and make sure you get the justice you deserve. Here at the O’Malley Law Office, we fight to win.

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

Oct 31

Rare Occurrence: Media Publishes Not-Guilty in Denver Paper

A newspaper printed a not-guilty verdict in the Denver paper. Let me tell you a story. A woman is falsely accused of a serious sex offense against a child. She is charged, and her case goes to trial. The media publishes her picture along with the accusations, making it seem like she actually committed the crime she has been charged with. With the help of a passionate criminal defense attorney, the woman is found not-guilty at trial; her accuser made up the allegations. You would think the media would publish news of the not-guilty verdict. At the very least, you would think they would remove her picture from the article about the accusations – she is innocent, after all. Unfortunately, the media doesn’t work this way in Adams, Douglas, and El Paso County. Nothing further was published, and despite multiple emails being sent, the woman’s picture was never removed. This is normal. This is what our culture does. They become obsessed with the drama and intrigue of a terrible crime, but they don’t care to follow up and publish the truth, and destroy lives in the process. The other day, I came across an article I hadn’t seen before – the media actually broke the norm and published a not-guilty verdict for a gymnastics coach accused of a serious sex offense. I was shocked. Let’s look at the details of this rare occurrence in the media.

Let me tell you a story…

Gymnastics Coach Receives Not-Guilty Verdict

Last year, a gymnastics coach was charged with a myriad of serious offenses, including Sexual Assault on a Child by a Person in a Position of Trust as a Pattern of Abuse, Sexual Assault on a Child, and Unlawful Sexual Contact. These crimes are some of the most serious in Colorado, and they result in life prison sentences. The gymnastics coach’s face was published all over the news in Denver, Arapahoe, and Jefferson County, and across Colorado.

The media assumes people are guilty from the minute they publish an article.

People’s first reactions are to believe what is written and write off the person as a pervert. After all, how could the media be wrong? This is a terrible response to sex crime accusations. Our criminal justice system is set up around the principle that a defendant is innocent until they are proven guilty. Why doesn’t the media operate under the same standard? Last week while browsing the news, I came across another article about the gymnastics coach. I witnessed a rare occurrence – the media published that the coach was found not-guilty at trial. They included his photo. The article itself left a lot to be desired, stating the original facts of the case which made it sound as if the gymnastics coach had actually committed the crimes, but was somehow found innocent at trial. The media should have focused on the fact he was found not-guilty at trial. In other words – a jury found he didn’t commit the crimes of which he was accused. It was the least the media could do. The poor man lost his job when he was accused. He has to put his life back together after the accusations and his trial.

Why You Need a Lawyer for a Sex Crimes Trial

If you have been charged with a sex offense, you need to work with an outstanding sex crimes defense attorney. You need a friend by your side – an advocate who believes your side of the story and will defend it for you in the courtroom. The media won’t publish the truth – they’ll publish what sells and creates buzz. The District Attorney isn’t looking for the truth – they are paid to prosecute you and promoted for guilty verdicts. Juries aren’t trained to look for the truth. This is why you need a skilled criminal lawyer in the courtroom with you. The attorneys at the O’Malley Law Office are trained to instruct the jury to look for the truth and do the right thing when it comes to the falsely accused. Don’t stand alone in the courtroom. Contact a lawyer who will fight to get you the best possible outcome in your case. Here at the O’Malley Law Office, we fight to win.

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

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