Mar 25

Sex at a Shopping Center: Indecent Exposure Charges in Denver

I recently read a rather shocking article – two strangers met outside a shopping mall, and a few minutes later, they were rolling around on the ground, making out. A few more minutes led to a full-blown sexual escapade – in full public view. Obviously, this is an unusual situation, but I thought it offered a good opportunity to discuss what the consequences of having sex in a public place are in Denver, Arapahoe, and El Paso County.

Strangers Having Sex in Public: What Charges Could They Face?

It was the middle of the afternoon, at a busy shopping mall. But, the couple who had just met on the trolley decided it was as good a time as any to get intimate. The man took off all of his clothes, while the woman took off everything but her skirt. It was a shocking spectacle in full view of children and other onlookers. Obviously, their actions are illegal. So, if this had happened in Adams, Douglas, or Jefferson County, what would the couple be charged with? In my opinion as an expert criminal defense lawyer, they would likely be charged with Indecent Exposure – C.R.S. 18-7-302.

What is Indecent Exposure in Colorado?

Indecent Exposure is charged whenever a person knowingly exposes their genitals to “any person under circumstances in which such conduct is likely to cause affront or alarm to the other person, with the intent to arouse or satisfy the sexual desire of any person.” So, because the couple had sex in a public place (which is likely to cause affront and alarm), and because the man exposed his genitals, he would likely be charged with Indecent Exposure, which is a sex offense.

Public Indecency is also a Possible Charge

Another offense is related to Indecent Exposure. This is Public Indecency – C.R.S. 18-7-301. This crime is charged in similar circumstances, and specifically mentions “sexual intercourse” in a public place as a way you can be charged. Both the man and the woman could be charged with Public Indecency. So, why do I think the man would face the more serious Indecent Exposure charges? Let’s take a closer look at how the system works.

District Attorneys Overcharge People: Why You Need a Lawyer

District Attorneys commonly overcharge people. Faced with the possibility of charging this couple with a petty offense (for Public Indecency), or a sexual offense misdemeanor (for Indecent Exposure), the DA will likely choose the harsher option. This is because they want defendants to plead guilty to avoid jail or prison time, and to keep the courts from getting too busy. Unfortunately, this is especially dangerous when you are charged with Indecent Exposure. This crime is a sexual offense – which means you will be required to register as a sex offender and go through sex offender treatment if you are convicted. This will have an enormous impact on your opportunities for housing and employment in the future. Don’t try to handle your case on your own – work with a skilled criminal defense lawyer who will fight aggressively to get you the best possible outcome in your case so you can avoid a sex offense conviction.

If you or a loved one is facing Indecent Exposure charges, 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.

Mar 23

Denver Police Body Cameras Prove Sex Assault Claims are False

Police body cameras recently proved someone was lying.

Image Credit: Pixabay – Nemo

Now the police know that not all Sexual Assault accusations are true. I know this belief goes against the current culture, but it’s important as a society that we don’t simply believe the alleged victim in a case when there is no evidence. People get upset by this, until I ask them this question: “What if you or a loved one are falsely accused? Wouldn’t you want people to believe you?” This usually makes them stop and think about Sex Assault allegations in a different light. I recently read an article about a man who claims the Denver police sexually assaulted him during an arrest. He alleged that the police had groped him during a pat down. In this situation, it was easily proved that he was lying – unfortunately, it isn’t always easy to prove someone is being untruthful.

What if you were falsely accused? Wouldn’t you want people to believe you?

Body Cameras Prove Sexual Assault Accusations are False

According to the news, the police arrested a man on the 16th Street Mall in downtown Denver last fall for providing false information. Later, the arrested man filed a complaint, saying the police officers had reached into his pants and groped him during the arrest. Now, if this situation had happened with anyone other than police officers, everyone would have believed the arrested man without a doubt. But, because police officers receive special treatment in our criminal justice system, an investigation into the man’s story began. Police officers often wear body cameras, and that day they were wearing them. A look at multiple recordings showed the man wasn’t being truthful. The videos showed the police patting him down, but no groping occurred. As a result, the man was charged with False Reporting.

No Evidence Required for Many Sex Assault Cases

Alleged victims are believed, often even when they are obviously lying.

Believe it or not, the prosecution isn’t always as thorough when it comes to Sexual Assault accusations in Arapahoe, Douglas, or Jefferson County where the accused isn’t a police officer.  This is especially true in Sexual Assault on Child accusations. Children are believed without question; even when it is obvious they aren’t being truthful. I once defended a client who was accused of Sexual Assault on a Child, and we went to trial. On the witness stand, the alleged victim began making up stories – and agreeing to scenarios I made up on the spot. A moment later, I approached the District Attorney to discuss dismissing the case. He didn’t want to dismiss it – even growing upset I was even making the suggestion. The case went to the jury, who (thankfully) saw through the lies and came back with a not-guilty verdict. DAs are not always concerned about justice.

Why You Need an Aggressive Lawyer for Sexual Assault Cases

The attorneys at the O’Malley Law Office have 40 years of combined experience we will put to work for you.

If you or a loved one has been accused of Sexual Assault or another sexual offense, it is crucial to immediately contact an expert criminal defense attorney to get involved in your case. Early involvement of a knowledgeable lawyer can help preserve key evidence and ensure you get the best possible outcome of your case in El Paso, Boulder, or Adams County. Sexual Assault cases don’t often require evidence in order for a conviction; it is the word of the accused against the accuser. And, who will a judge or jury believe? A sweet, innocent-seeming child or young woman, or the person they allege assaulted them? This is why you need a hard-hitting criminal defense attorney fighting on your behalf who will aggressively show the jury the lack of evidence and demand your rights are protected. Don’t stand alone in court, work with a skilled criminal defense lawyer. The attorneys at our office have 40 years of combined courtroom experience. Here at the O’Malley Law Office, we fight to win.

If you or a loved one has been charged with Sexual Assault, Sexual Assault on a Child, or another 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.

Mar 20

A Naked Dare at Dunkin’ Donuts: Indecent Exposure in Denver

People commit crimes for many reasons in Denver, Arapahoe, and Jefferson County. Most people aren’t intentionally trying to break the law; instead they make mistakes after drinking too much, or do something they don’t know is illegal. A common motivation for the commission of crimes is someone taking a dare from a friend.  And, sometimes those dares are bizarre. For example, I recently read an article about a woman who is facing Indecent Exposure charges for standing outside a Dunkin’ Donuts – completely naked. Let’s take a look at this situation in order to understand how accepting a dare can result in criminal charges.

Accepting a Naked Dare Results in Sex Offense Charges

According to the news, employees from a Dunkin’ Donuts were alarmed to see that a woman, who was stark naked, was scaring customers away from their shop. When the police arrived at the location, the woman began apologizing immediately. She explained she was naked as part of a pledge to a sorority. Unfortunately, sorority pledges aren’t the exception to rules about being naked in public places. The woman was arrested and charged with Indecent Exposure.

What is Indecent Exposure? How Am I Charged?

This incident happened in another state – would the woman still have been arrested if she was taking the sorority pledge in Adams, El Paso, or Douglas County? Let’s take a look at the Indecent Exposure statute to better understand how you are charged. In Colorado, a person will be charged with Indecent Exposure if they:

 

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Knowingly expose their genitals to public view when their conduct is likely to cause alarm, with the intent to arouse the sexual desire of any person; or

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Perform an act of
masturbation in a public place,when the
conduct is likely to cause alarm.

As a criminal defense attorney, it doesn’t look like the woman outside Dunkin’ Donuts should have been charged with Indecent Exposure. She fits the first two qualifications of the crime; 1) knowing exposure of genitals in a public place, 2) when such conduct is likely to cause alarm. But, she fails to fit the third qualification: 3) with the intent to arouse the sexual desire of any person. The woman’s intent was to fulfill the embarrassing rules of her new sorority – not arouse sexual desire. If this woman hired an attorney from the O’Malley Law Office on her case, we would approach the District Attorney with this detail and work out a favorable plea to a lesser non-sexual offense, such as Public Indecency.

Take a Bad Dare? Why You Need a Criminal Defense Lawyer

If you took a bad dare and have been charged with a crime, the early involvement of an expert criminal defense lawyer is crucial. The woman outside Dunkin’ Donuts needs to consult an attorney immediately. The police likely will try to contact her and get her to try to admit something proving she took the dare to arouse sexual desire. In Colorado, Indecent Exposure is a sexual offense, meaning the convicted person will be required to undergo sex offender treatment and registration. The aggressive defense of a hard-hitting lawyer often results in the charges being dropped, an acquittal or a dismissal, or a favorable plea agreement to lesser (non-sexual) crime, such as Public Indecency.

If you or a loved one took a dare and have been charged with a crime as a result, 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.

 

Mar 18

Talking to the Denver Police is an Expensive Mistake

Talking to the police is an expensive mistake - learn why, and contact a lawyer.

Image Credit: Pixabay – Nemo

When people get a call from the police regarding a crime, they often get bamboozled into providing information. Police officers can usually choose whether to give someone a summons or arrest them for a crime. They use this power to get want they want – information. And, of course, they don’t want this information to help the accused. This is a common police tactic in Denver, Arapahoe, and Jefferson County. Let’s take a minute to see what I mean.

Police Reward People Who Give Them Information

For example, just the other day I contacted a police officer in the Denver area about my client – I told him my client would no longer be speaking with the police since he had hired a lawyer. My goal for the phone call was to try to keep my client from being arrested – so I requested the officer provide a summons rather than make an arrest. The police officer told me he wouldn’t pursue an arrest warrant, because my client had talked to him earlier. Now, this seems like a nice thing for the police officer to do, but it illustrates my point perfectly: The previous conversation with my client was so valuable to the prosecution, the police officer wanted to reward his behavior. That’s a scary thought when you realize the police only want to convict you of a crime. They aren’t looking for the truth.

Why Can’t I Talk to the Police? I Have Nothing to Hide!

Many of my clients are innocent of the charges against them. So, they think it is fine to talk to the police, because the truth is on their side. Unfortunately, this isn’t the case. Because the police are looking for a conviction, not the truth, anything you say can and will be used against you. The Miranda Rights even warn you of this fact. A perfect example of this is a recent case where my client was facing Sexual Assault charges. I talked to the young man, and advised him to remain silent and not speak to the detective on the case. Unfortunately, he got a call from the police, who asked him how drunk the alleged victim in his case was. The young man couldn’t see why telling the police she was really drunk would hurt his case, so he did just that. I explained they were trying to prove that she was too drunk to consent – especially since she was drunk than he was that night. By talking to the police, the young man became a helpful prosecution witness against himself.

Tactics Used by the Police

The police are trained to gather information and evidence in criminal cases. The best evidence for the government during a trial is an admission or statement from the defendant in Adams, Douglas, and El Paso County. Their purpose is to get information to use against you in court. They aren’t trying to find out what actually happened, like the police in your favorite TV show do. The police know the best way to get you to spill information is to pretend to be your friend. Police officers pretend to be on your side by utilizing the following tactics:

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Open-Ended Questions

Using open-ended questions so you’ll keep talking

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On Your Side?

Pretending to be on your side

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Agree With You

Agreeing with some things you say

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Establish a Rapport

Tell you they don’t believe your accuser

Many people talk to the police after they have been charged with a crime, thinking the police can help them. But, once charges are filed, the police can’t do anything but gather evidence for trial. Unfortunately, people don’t understand this and talk at length with the police to try and get out of the charges – to no avail.

Charged with a Crime? Why You Need a Defense Lawyer

The criminal justice system is extremely convoluted. Working with a lawyer is essential to protect your freedom and protecting your rights.

The criminal justice system is more convoluted than you can believe. The police will talk to you to gather evidence against you. They will misquote you. They will give you a reward for speaking to them, but it is a short-term reward such as a lower bond amount, or a summons instead of an arrest. But, in the long run, speaking to the police will damage you. When it comes to sex crime charges in Colorado, the defendant is treated as if they are guilty before they even go to trial. Don’t stand alone – work with an expert criminal defense lawyer who will fight aggressively on your behalf to prove your innocence and get your case dismissed or work out a favorable plea agreement.

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

Mar 16

President of Restaurant Faces Peeping Tom Charges: A Denver Sex Crime

The president of a popular restaurant chain back east has been charged after he was found videotaping women in one of the restaurant’s bathrooms. Let’s take a look at his situation, and learn more about the crime he would be charged with (Invasion of Privacy for Sexual Gratification) if this had occurred in Denver, Arapahoe, or Jefferson County, or anywhere in Colorado.

Restaurant President Hid Secret Cameras in Women’s Bathroom

According to the news, the police were made aware of the situation after a camera fell on the floor next to a woman while she was in the restaurant’s bathroom.  During the investigation, six videos of unidentifiable women were found on the camera. Also found on the camera was a video of the man who hid it – identifiable as the president of the restaurant chain. As a result, he is facing 12 counts of multiple crimes. If this situation occurred in Douglas, Adams, or Arapahoe County, he would likely face six counts of Invasion of Privacy for Sexual Gratification, a Colorado sexual offense.

What is Invasion of Privacy for Sexual Gratification?

Invasion of Privacy for Sexual Gratification is often charged as a result of a peeping Tom incident. We have discussed peeping Tom charges in detail in past posts, but let’s look at the definition again:

“A person who knowingly observes or takes a photograph of another person’s intimate parts without that person’s consent, in a situation where the person observed or photographed has reasonable expectation of privacy, for the purpose of sexual gratification, commits unlawful invasion of privacy for sexual gratification.”

Put simply, if you take videos, pictures, or look at someone’s intimate parts without their permission when they are in a place they can reasonable expect privacy (such as a bathroom, dressing room, or their own home), you will face these sex crime charges.

Invasion of Privacy for Sexual Gratification: An Extraordinary Risk Sex Offense

A conviction of this offense has long-term consequences – consult an attorney if you’ve been charged.

This crime is both an extraordinary risk crime and a sex offense. Crimes which pose an extra risk to society are considered to be more dangerous, and are labeled as “extraordinary risk.” They are subject to harsher sentences. Also, Invasion of Privacy for Sexual Gratification is a sex offense, which means a person convicted of this crime would be required to register as a sex offender and go through sex offender treatment. Because this crime has long-term consequences, it is wise to consult an expert criminal defense lawyer if you have been contacted by the police regarding this offense. Don’t put your future in the hands of an overwhelmed public defender or an inexperienced criminal defense attorney. Instead, contact an experienced, hard-hitting, knowledgeable criminal defense lawyer from the O’Malley Law Office for a free consultation to discuss your situation and plan your defense.

If you or a loved one has been charged with InCvasion of Privacy for Sexual Gratification like the restaurant president, be smart, exercise your right to remain silent, and contact one of the best criminal defense attorneys at the O’Malley Law Office for a free consultation at 303-830-0880. Together, we can protect your future.

Mar 13

Denver Man Convicted on Federal Prostitution-Related Charges

A man is facing prostitution-related charges in CO.

Image Credit: Pixabay – Sponchia

A man from the Denver area has been indicted on suspicion of operating a website which offered reviews for massage parlors in Golden, Lakewood, Wheat Ridge, Aurora, Parker, and Lakewood. While this seems like a legitimate business, it’s important to understand that there are more to the massage parlors than meets the eye – they are fronts for prostitution. Let’s take a look at the charges against this man to understand how prostitution is charged in Colorado.

Review Site for “Massage Parlors” in Denver

According to the news, the Adams County man created and operated a site which promoted and provided reviews for multiple massage parlors operating as a front for Prostitution and suspected human trafficking. The site also received hundreds of dollars in exchange for advertisements.

Prostitution-Related Charges in Colorado

The man was indicted under federal law, but state law also covers prostitution-related charges. These include:



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Prostitution:
CRS 18-7-201

Charged when someone pays you to perform a sexual act.

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Soliciting for Prostitution:
CRS 18-7-202

Charged when someone arranges to meet a prostitute.

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Patronizing a Prostitute:
CRS 18-7-205

Charged when you pay someone else to perform a sexual act.

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Pandering:
CRS 18-7-203

Charged when someone forces someone else to commit prostitution.

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Pimping:
CRS 18-7-206

Charged when someone lives off the profits of prostitution.

Pimping Charges in Colorado

Because the man lived off of money he received as a result of prostitution taking place, he could possibly have been charged with Pimping in the state of Colorado. Let’s look closer at Pimping charges in Jefferson, Arapahoe, and El Paso County. Under statute 18-7-206, Pimping is defined as:

“…any person who knowingly loves on or is supported or maintained in whole or in part by money or other thing of value is earned, received, procured, or realized by any other person through prostitution.”

While it is unknown if the man received money from the massage parlors themselves, he likely did receive payment for providing reviews and promoting the places of prostitution. Thus, the man could have been charged with Pimping in Boulder, Douglas, or Grand County.

Why You Need a Lawyer for Pimping Charges

Pimping is charged as a class 3 felony, which carries a possible sentence of up to 12 years in the Colorado Department of Corrections. There is much at stake if you are convicted or plead guilty to this offense. Don’t put your future at risk by trying to defend yourself in court or hiring a cheap, inexperienced attorney. Invest in your future by working with a full-time criminal defense lawyer who will aggressively fight to protect your rights and future.

If you or a loved one is facing prostitution-related charges, 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.

Mar 11

Man Loses Everything After False Sex Offense Charge

False accusations and arrests devastate lives. This is because the media, the police, and District Attorneys, view people arrested for sex offenses as if they are guilty once they’re accused or arrested. Sure, newspaper articles use the word “allegedly,” but the arrested person’s face is plastered all over – online, social media, and on TV. If charges are later dismissed or a person is acquitted, they don’t do a retraction. And when innocent people are falsely arrested, their lives are destroyed. This is true for one man who lost everything after a false sex offense charge. Let’s take a look at how the police investigate sex crimes in Denver, Adams, and Douglas County, and across Colorado.

Man Arrested after False Sex Offense Charge

I recently read an article which perfectly illustrates my point. According to the article, the police were investigating another man (a registered sex offender) for multiple crimes, including Sexual Assault on a Child and Sexual Exploitation of a Child (for creating and possessing child pornography). During their investigation, the police discovered two videos depicting another man (for the sake of this article, we’ll call him Kevin). One showed Kevin had met the sex offender’s wife while dropping off a load of lumber for his company. The other video allegedly showed Kevin sexually assaulting a girl. Kevin spent over three months in jail awaiting trial for Sexual Assault on a Child. Kevin had a good career of 23 years, a beautiful home, and a good reputation. Kevin denied any involvement in the video, but he still sat in jail awaiting trial – worried about being knifed by another inmate the whole time. When the prosecution showed the video in court, it was apparent immediately that a mistake had been made. The man in the video was obviously not Kevin, but the prosecution had failed to confirm this before trial. That was the first time Kevin had ever seen the video, and apparently, the first time anyone from the DA’s office had examined it closely. Kevin was released and the charges were dropped, but the damage had already been done. In instances of sloppy prosecution like this, no apology is issued and no compensation is given.

Reputations are Ruined by False Sex Offense Charges

Kevin was free, but the damage had been done to his life. After spending three months in jail, he had lost his job of 23 years, was in debt to creditors he had been unable to pay while in jail, and was now homeless. His work with his church and youth ministry also came to and end. Living with his mother, Kevin contacted his old employer, even providing evidence he had been innocent of the charges all along. But, they refused to hire him back. Kevin’s attorney summed up the damage perfectly:

“It was horrible. He was charged with one of the most horrible crimes and that can never be recovered from. Not only was he charged, but it was plastered all over the Internet.”

Kevin is now thinking about suing the DA’s office. But, the lawsuit wouldn’t be about the money. Instead, he wants to try to recover his reputation which was ruined because of the false sex offense charges.

Why You Need a Lawyer for Sex Offense Charges in Denver

Kevin’s situation perfectly illustrates just how messed up and biased the criminal justice system is when it comes to sex offense crimes. In Arapahoe, Jefferson, and El Paso County, the situation is the same. As criminal defense attorneys with 40 years of combined courtroom experience, we have seen first-hand the lack of justice. Like the DAs in Kevin’s case, we have seen prosecutors ignore evidence which proves our clients are innocent. We have seen DAs refuse to dismiss cases with no evidence, simply for political reasons. This is why you need to work with a seasoned criminal defense lawyer if you or a loved one is facing sex offense charges. You cannot afford to put your future and reputation on the line by yourself. You need to hire an expert legal advocate who can aggressively defend your freedom and reputation in the courtroom.

If you or a loved one is facing false sex offense charges, 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.

Mar 09

Fifty Shades of Grey Sex Crime Charges in Denver

Man charged after reenacting Fifty Shades of Grey.

Image Credit: Pixabay – Nemo

The book and movie “Fifty Shades of Grey” has taken the world by storm. Millions of women have read the book cover to cover and eagerly awaited the release of the film. Despite its popularity, there had been much controversy over the content of both the book and the film, which normalizes BDSM behavior and roles. Many people believe the film furthers a violent perspective about women – encouraging Domestic Violence and Rape. Others say it is simply a “fun,” “sexy” escape from reality.

Books like Fifty Shades of Grey encourage people to commit sex crimes.

So, which side of the debate is true? As an experienced criminal defense attorney in Denver, Arapahoe, and Jefferson County, I have seen first-hand how much our sex-saturated culture affects people and how they behave. I believe normalizing violent, controlling behavior against women is a dangerous trend. I recently read an article which perfectly illustrates how films like Fifty Shades of Grey can cause people to commit sex crimes.

Fifty Shades of Grey Reenactment Ends in Sex Offense Charge

The book, “Fifty Shades of Grey” is based on a BDSM relationship.

According to the article, two college students were reenacting scenes from the film “Fifty Shades of Grey.” Unfortunately, the two didn’t agree on boundaries before they began reenacting, so one of the pair is now facing sex offense charges. Apparently, the two had had sex before, but weren’t dating (a common enough occurrence in today’s culture). They went to the young man’s dorm room, where the two began having sex. But, the encounter became violent when the young man tied up the woman, bound her to the bed, gagged her, and hit her with a belt. The young woman allegedly began to ask him to stop, but the two had sex anyway. Now, while this sounds like a horrible situation that should be morally black and white, considering our current culture, it’s not that bad when you consider they were con-sensually acting out the famous book. In fact, the entire basis of Fifty Shades of Grey is based on bondage sex – the main male character teaches a young, innocent woman about BDSM, which stands for Bondage and Discipline, Domination and Submission, and Sadism and Masochism. Unfortunately for the young man, the two didn’t discuss boundaries or “safe words,” and the young woman says she was sexually assaulted, even though the man believed the encounter was consensual. The young man was charged with Sexual Assault, and his bail was set at an unbelievably high $500,000, based on the extreme nature of the allegations.

Why You Need a Lawyer in the Current Sex-Obsessed Culture

Books and media normalizing violent sexual behavior cause such violent behavior to become mainstream.

Our culture is obsessed with sex. If you don’t believe me, take a look at Facebook, Twitter, the media, or watch a recent movie trailer. And, when sex is the center of everything, boundaries must be pushed, or people get bored. Thus, books and movies like Fifty Shades of Grey become popular. Wildly popular. And when books normalizing violent, dominating behavior are mainstream, the behavior becomes mainstream. But our laws haven’t caught up yet, so people are charged with serious sex crimes. Sexual Assault is subject to indeterminate sentencing in Adams, Douglas, and El Paso County, and across Colorado. If a person is convicted of this crime (all it takes is the allegations of one witness), they will be sentenced to the Colorado Department of Corrections for an indeterminate amount of time. Their release will be dependent on completion of sex offender treatment in prison. Our culture is obsessed with sex, but when people act on their obsession, they are punished severely. This is why you need an aggressive criminal defense lawyer to defend you if you have been charged with a sexual offense. Don’t stand alone in court – work with a lawyer who fights to win.

If you or a loved one has been charged with Sexual Assault or another 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.

Mar 06

Woman Frames Husband with Child Pornography | Sexual Exploitation in Denver

A woman framed her husband by planting illegal images on his computer.

Image Credit: Pixabay – stux

People who have been accused of sex crimes are ostracized by the public in Denver, Arapahoe, and Jefferson County. As an experienced criminal defense attorney, I have seen this first-hand; people who are charged with sex offenses are treated as if they are guilty before they even go to court. Their mug shot and charges are published on every news source in the area; they are banned from having contact with children (even their own). Sometimes, people charged with a sex offense are required to pay for and wear a GPS tracking device before they’ve even gone to trial. This makes false accusations a good way to get revenge – which is just what one woman did. She downloaded child pornography on her husband’s computer, and then called the police.

Woman Downloads Child Pornography to Frame Husband

A woman wanted to get revenge on her estranged husband. She had kicked him out of their home weeks before, but wanted to do more than that. So, she downloaded 40 images of child pornography to the family computer and called the police – saying her husband had downloaded the illegal images. Thankfully, investigators were able to unravel the false accusations by looking at the time stamps when the photos were downloaded. The photos had been downloaded 2 weeks after the husband had left the home under a restraining order. Obviously, the husband had nothing to do with the images – the woman was arrested and charged.

Illegal Images = Sexual Exploitation Charges

Conviction of this crime requires registration as a sex offender.

Let’s take a look at what the wife would be charged with if they had lived in Adams, Douglas, or El Paso County. Whenever a person is in possession of sexually explicit materials involving children under the age of eighteen, they will be charged with Sexual Exploitation of a Child – C.R.S. 18-6-403. This crime is a sex offense, which means a person convicted of it will be required to register as a sex offender and go through harsh sex offender treatment overseen by the Colorado Sex Offender Management Board. Prison time varies from 1 to 16 years in the Department of Corrections, depending on the circumstances of the offense. There is a harsher prison sentence for people who create child pornography as opposed to people who simply download it.

False Accusations are Common, Which is Why You Need a Lawyer

Contact a lawyer immediately to begin your defense if you’ve been charged.

Take it from me – someone with over 25 years of experience in the Colorado legal system – false accusations are extremely common. All it takes is for someone to accuse another of sexual assault or even touching intimate areas over clothing, and the accused will be treated as if they are guilty. People don’t often see a mug shot in the news and think to themselves “I wonder if that person is innocent?” Ironically, this is exactly what our criminal justice system is supposed to do – assume a person is innocent until the government can prove otherwise. Unfortunately, our government gets carried away and charges innocent people with life-changing crimes. Don’t assume you’ll be treated well because you’re innocent. Instead, hire an affordable criminal defense lawyer who will fight on your behalf and ensure you get the best possible outcome in your case.

If you or a loved one has been falsely accused of a sexual crime like the man framed by his wife, 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.

Mar 04

Juvenile Crime Law in Denver Sex Crime Cases

Learn more about juvenile crime law in Colorado.

Image Credit: Pixabay – geralt

As a parent, I understand just how important it is for kids to take responsibility for their actions. Holding your children accountable is usually a good thing. Unfortunately, this isn’t the case when it comes to sex crime cases in Denver, Arapahoe, and Jefferson County. Juvenile criminal law can be harsh, with long-term consequences for juvenile adjudications. And, legislation has made it hard for people who committed a crime in their teens to seal or expunge their record – even if they have gotten their life back on track. Let’s take a moment to look at what I mean.

Expungement: How Juvenile Criminal Records are Sealed or Expunged

Juvenile records are expunged, not sealed. An expert lawyer will be able to offer insight into your child’s case.

First, it’s important to understand that people under the age of 18 aren’t convicted of a crime, they are adjudicated. This means they will face less severe consequences, and will be treated in the criminal justice system as juveniles vs. adults. When a juvenile is adjudicated for a crime such as Public Indecency, (which isn’t a sex offense) they will have to wait 1 year after they have successfully completed probation in order to expunge their record. If a juvenile was adjudicated for a juvenile sex offense such as Unlawful Sexual Contact or Invasion of Privacy for Sexual Gratification, they will only be able to seal their record if they received a deferred adjudication. If your child has been charged with a crime, it is important to consult a knowledgeable juvenile criminal defense attorney in Adams, El Paso, and Douglas County who can advise you as to the best step for your child’s future.

Bottom Line: Don’t Let Your Child Talk to the Police

Remaining silent will protect your child’s future – don’t let them talk to the police.

As parents, it’s easy to live by the rule that it’s important for our children to confess to their bad behavior. This is a good parenting practice, but you need to ignore it if your child has been charged with a crime. Confessing anything to the police can be devastating to your child’s future – this is especially true if they are not represented by a skilled criminal lawyer. Before law enforcement can talk to your child, they must first get parental consent. Ignore your parenting advice and don’t allow your child to speak with anyone about their case. Help your child exercise their right to remain silent – this will protect their future and is the best way to help your child. District Attorneys have the legal burden of proof. It can be difficult for them to even take a case to trial if there isn’t enough evidence. This is why they want to speak with your son or daughter – they want to gather evidence or get a confession to use against them at trial. Thus, there is no reason your child should speak with them. A confession or other admission of guilt is devastating and will greatly affect your child’s opportunity to work out a favorable plea agreement.

Your Child’s Future is at Stake in Denver and Across Colorado

If your child has been contacted by the police or charged with a crime, it is vital that you contact an aggressive juvenile crime defense lawyer to defend them in court. This is especially true when it comes to sex crimes, because adjudication would mean they wouldn’t be able to seal their record in the future. Don’t let your child spoil their future while they’re still young – protect their future by hiring an affordable lawyer who will stand by their side in the courtroom. Avoid long-term consequences of bad behavior, and get your child the help they really need, instead of simply damaging their future. Here at the O’Malley Law Office, we fight to win and we care about your teen.

If your son or daughter has been charged with a crime, be smart, exercise your child’s right to remain silent, and contact an experienced juvenile crime defense attorney at the O’Malley Law Office for a free consultation at 303-830-0880. Together, we can protect your child’s future.

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