Dec 19

Campus Sex Crimes Prevention Act in the Denver Area

Learn more about the Campus Sex Crimes Prevention Act

Image Credit: Pixabay – Nemo

Here at the O’Malley Law office, we are constantly amazed at how people convicted of sex offenses are treated in Denver, Adams, and Jefferson County. People believe that a registered sex offender must be a violent rapist or pedophile. But, nothing is further from the truth. Did you know that a drunk man who pinches a woman’s butt at a club while dancing can result in his becoming a sex offender? Or, a high school student who decided it would be a fun prank to streak across the football field can be in danger of having to complete sex offender treatment? We need to stop demonizing people who have committed sex offenses, and realize many of them were convicted after a thoughtless mistake. And, thanks to our colleges and the federal government, further punishment is inflicted on sex offenders.

The Campus Sex Crimes Prevention Act is Unjust

In order to better understand why this act is unjust, let’s use an example:

Josh made a mistake. One wild night, he was out drinking at a club, and started dancing with a woman who seemed to like him. He went a little too far, and touched her butt while they were dancing. She instantly grew angry, and called the police. Before he knew it, Josh was convicted of Unlawful Sexual Contact, and was suddenly a registered sex offender in Denver County. Josh served his time in jail, went through treatment, and has been registering carefully for over six months. One day, he decides the best way to better himself is to enroll in Metro State University in Denver. He’s always been interested in Graphic Design, and he knows getting a degree will help him get a better job. So, he enrolls – excited to begin the following month. Unfortunately, Josh didn’t know about the Campus Sex Crimes Prevent Act, which requires that he notify law enforcement when he enrolls in higher education. Now, Josh is facing Failure to Register as a Sex Offender charges, and will be unable to attend college.

Sex Offenders Become Targets

Sex offenders are targets in our society – the Campus Sex Crimes Prevention Act only intensifies this.

Sex offenders are targets in our culture. People don’t understand the complexities of the law in Douglas, El Paso, and Arapahoe County, and they demonize any person with a sex offense on their record. Why would college students at CU or CSU need to know if their classmate is a sex offender? It’s not as if their knowing will protect them. With the Campus Sex Crimes Prevention Act, students now know if there is a sex offender in their classroom – this leads to harassment, which is unjust. The sex offender in their classroom could have been convicted for peeing too many times in public (2 Public Indecency charges in a certain amount of time = a sex offense).

If you or a loved one is required to register as a sex offender, contact at experienced criminal defense attorney at the O’Malley Law Office to discuss sex offender deregistration so you can have your freedom. Contact us today for a free consultation at 303-830-0880.
Together, we can protect your future.

Dec 17

Juvenile Sexting is Illegal in Denver: Know the Signs Your Teen is Sexting

Sexting is becoming more and more common with middle school and high school children. But, parents often don’t know about their kids’ behavior, because there has been a culture-shift not many people recognize or admit. Juvenile sexting is not only destructive; it is illegal in many cases. If a nude photo is shared, the teenagers involved could face serious criminal charges in Denver, Adams, or El Paso County.

Juvenile Sexting is More Common than You Think

Sexting among underage teens is more common that most parents want to admit. According to a study published in the Journal of Sexuality Research and Social Policy, done by the Drexel University, more than 50% of the students admitted to sexting when they were in high school. Of these, almost 30% said the sexting included photos. The most telling statistic? Of the students who admitted to sexting in their younger years, over 60% said they didn’t know the photos they shared could be considered child pornography.

Juvenile Sexting: Nude Photos are a Crime

Sexting among teenagers is widespread. And, most kids don’t know that when nude photos are involved, they could face serious criminal charges of a sexual nature. In Arapahoe, Jefferson, and Douglas County, and across Colorado, sexting is charged under statute 18-6-403 – Sexual Exploitation of a Child. Normally, it is charged when a person is found to be distributing or in possession of child pornography. What most people fail to realize, is that when teens sext, they are creating child porn. Sexual Exploitation of a Child ranges from a class 3 to a class 6 felony sex offense, which means a person convicted or adjudicated for this crime would be required to undergo sex offender treatment and register as a sex offender.

How Do I Know if My Teen is Sexting?

Odds are, your child is sexting, or has received an unsolicited nude image. In today’s day and age, children are joining in the sexting revolution at younger and younger ages. Earlier this month, a ten-year-old boy was caught sexting. As a parent, it can be difficult to know for sure if your child is sexting, however. The lingo is different today. Here is a list of common texting lingo to give you an insight into your child’s life on the phone.

Common Texting / Sexting Lingo:

  1. MPFB: My Personal F*** Buddy
  2. IWSN: I Want Sex Now
  3. GNOC: Get Naked On Cam
  4. 53X: Sex
  5. KPC: Keeping Parents Clueless

    Know the signs that your child is sexting, and protect them from criminal charges!

  6. GYPO: Get Your Pants Off
  7. NIFOC: Nude In Front Of The Computer
  8. pron: Porn
  9. Q2C: Quick to Cum
  10. S2R: Send to Receive
  11. TDTM: Talk Dirty To Me
  12. 8: It means ate, but can also refer to oral sex
  13. 9 – CD9: Parents watching, or are around
  14. ASL: Age/Sex/Location
  15. MOOS: Member Of The Opposite Sex
  16. MOSS: Member Of The Same Sex
  17. RUH: Are You Horny?

Juvenile Sexting: Contact a Lawyer if your Child has been Charged

If you believe your child is engaged in sexting or chatting online inappropriately, take action immediately. Sit them down and talk with them. Let them know their behavior can end with criminal charges, shame (if the images are released to the public), and broken relationships. Be understanding and compassionate – often, kids are peer pressured into sexting, and don’t feel good about their decision. If you believe your child has sent or received a nude or sexually explicit photo, contact a sex crimes defense lawyer at our office immediately. Protect your child’s future!

If your child has been charged with a crime after sexting, 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 child’s future.

Dec 15

Teachers Convicted for Having a Threesome with a Student

Teachers arrested for having a threesome.

Image Credit: Pixabay – OpenClips

We read about it in the news all the time; a young teacher has been accused of having a sexual relationship with a student. In most cases the relationship was mutual, but the teacher is the only person held responsible for the sexual behavior. I recently read about an unusual case in which two teachers were accused of having a threesome with a student. If this incident had happened in Denver, Adams, or Jefferson County, the two women teachers would be charged with Sexual Assault on a Child by a Person in a Position of Trust. Let’s take a look at this crime in order to understand how a person is convicted.

What Does Position of Trust Mean?

When a person has a sexual relationship with a minor, they are charged with Sexual Assault on a Child – C.R.S. 18-3-405. If they are in a “position of trust” with the child, the charge is aggravated. According to Colorado law, “position of trust” means:

Any person who is a parent or acting in the place of a parent and charged with any of a parent’s rights, duties, or responsibilities concerning a child, including a guardian or someone otherwise responsible for the general supervision of a child’s welfare, or a person who is charged with any duty or responsibility for the health, education, welfare, or supervision of a child, including foster care, child care, family care, or institutional care, either independently or through another, no matter how brief, at the time of an unlawful act.

As you can see, this is a broad label in Douglas, Arapahoe, and El Paso County. We have seen this label applied to parents, step-parents, teachers, coaches, babysitters, siblings, doctors and nurses.

How Does the Label Affect the Crime?

The biggest difference between Sexual Assault on a Child and Sexual Assault on a Child by a Person in a Position of Trust is the age of the child listed in the statute. A person will be charged with Sexual Assault on a Child if they have any sexual contact with a child under the age of fifteen and they themselves are more than four years older. The Position of Trust crime is charged whenever a person has any sexual contact with a child under the age of eighteen, regardless of their own age.

Why are Teachers So Commonly Charged?

The student, the “victim,” was bragging about the threesome to his friends. He didn’t face any criminal charges.

Here at the O’Malley Law Office, we see many cases where teachers are charged with Sexual Assault on a Child, Position of Trust. Our culture is becoming more and more sex-obsessed as the years pass, and children are becoming sexually aware at even younger ages. In the case of the threesome we referenced above, the behavior was found out because the student bragged to friends about sleeping with his teachers – the sex was absolutely consensual. Yet, the teachers are charged, while the child (who consented), is treated like a victim by the court. Essentially, when a position of trust is involved, Colorado law says any child under eighteen is too young to consent. We feel this ignores the maturity of many children today, and their ability to appreciate the consequences of their conduct.

If you’ve been charged with Sexual Assault on a Child by a Person in a Position of Trust like the teachers who had a threesome, 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.

Dec 12

Man Gets One Year in Jail: Learn about the Revenge Porn Law in CO

The revenge porn law lead to 1 year in jail for a man.

Image Credit: Pixabay – AlexVan

A man was sentenced to one year in jail in another state for posting nude images of his ex-girlfriend online. In Denver, Arapahoe, and Jefferson County, posting naked photos for the purpose of harassment falls under the new revenge porn law. Let’s look closer at this new offense, and what you can expect if you are convicted.

What is the Revenge Porn Law?

Earlier this year, Governor Hickenlooper signed a new law called Posting a Private Image for Harassment – C.R.S. 18-7-107. Put simply, this new law makes it illegal to post a private image of someone’s intimate parts with the intent to inflict serious emotional distress, without their consent. With the rise in the use of social media, more and more people are taking their disputes and disagreements online. Private images which were taken during a relationship are used as fodder to fuel the fire. In most cases, it is charged after an ex tries to get “revenge” on a former lover by posting explicit photos online for the world to see. Thus, this law gained its nickname – the revenge porn law.

What is the Sentence for the Revenge Porn Law?

The revenge porn law is often charged with the Domestic Violence sentence-enhancer.

In Colorado, Posting a Private Image for Harassment is a class 1 misdemeanor. This means a person convicted under the revenge porn law would be sentenced up to 18 months in the Denver County Jail. But, the biggest downside to a conviction of this offense is that the Domestic Violence sentence enhancer will be added. Because the crime was committed between two people who had been in an intimate relationship, the law in Douglas, Adams, and El Paso County consider it to be a Domestic Violence crime. If you are convicted of Domestic Violence, you could face an extended jail stay, harsher fines, and mandatory Domestic Violence (DV) treatment. This treatment is overseen by the Domestic Violence Offender Management Board, and it is one-size-fits-all. There will be no distinction in the treatment between a man who is physically abusive of his wife, and the woman who posts naked photos of her ex-boyfriend’s new lover.

Charged Under the Revenge Porn Law? You Need An Aggressive Domestic Violence Lawyer

A Domestic Violence conviction can have a negative effect on your life – contact a lawyer today.

If you have been charged under the revenge porn law, you need to contact a passionate criminal defense lawyer immediately. Don’t let a moment of frustration, anger, and revenge hurt your future. Even a misdemeanor conviction can have lasting consequences. If you are convicted of a Domestic Violence offense, you will no longer be allowed to own or possess a firearm. Don’t put your future in the hands of an overworked public defender. Protect your future by hiring a full-time criminal defense attorney who has a passion for protecting the rights of his client.

If you or a loved one has been charged under the revenge porn 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.

Dec 10

False Rape Accusations and Domestic Violence in Denver

We have defended clients whose girlfriends have accused them of rape following a break-up. As if this isn’t enough of a slap in the face, Domestic Violence (DV) sentence-enhancers are often added to the roster of offenses. Let’s discuss how false rape accusations and Domestic Violence go together, and why it’s important to understand how it changes your sentence in Adams, Jefferson, and Douglas County.

What is Domestic Violence in Colorado Cases?

When you hear the term “Domestic Violence,” many people think of a man repeatedly abusing his spouse or girlfriend. But, there are two things that are incorrect about this assumption:

  1. DV is a Sentence Enhancer: DV isn’t a crime in and of itself. You can’t simply be charged with Domestic Violence. Instead, it is a label which is added to any crime committed between two people who are in, or have been in, an intimate relationship.
  2. DV Doesn’t Equal Violence: Believe it or not, in most cases where DV is attached, no actual violence occurred. It can be charged along with Harassment, or even Trespassing. Non-violent offenses still result in a DV conviction.

How Does Domestic Violence Affect My Sentence?

If you are convicted of a Domestic Violence offense, you will face a harsher sentence than you would without the label. These consequences include:

  • Bigger Fines
  • Longer Jail or Prison Sentences
  • Mandatory Treatment
  • Probation with stricter monitoring, including possible GPS

One of the biggest downsides to a DV conviction is the required treatment. This treatment is overseen by the Colorado Domestic Violence Offender Management Board (DVOMB). A person who physically abuses their spouse will receive the same treatment as a person who called their girlfriend too many times and was convicted of Harassment. A Domestic Violence conviction will have other negative affects on your life, such as the inability to own or possess a firearm.

Why You Need a Lawyer for False Rape Accusations and Domestic Violence Charges

If you are facing any crime with a DV label attached, such as Sexual Assault or Unlawful Sexual Contact, don’t hesitate to contact an unbeatable criminal defense attorney immediately. Here at the O’Malley Law Office, we fight hard for the rights of our clients. We seek evidence to prove their innocence, and can often get cases dismissed, or work out favorable plea agreements. Don’t stand alone in front of a judge or jury and try to make a case for yourself. Instead, work with a skilled lawyer by your side who has a strong grasp of criminal law and fights to win.

If you or a loved one is facing false rape accusations and Domestic Violence has been added as an enhancer, 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.

Dec 08

Aurora Teacher Accused of Indecent Exposure Fights to Restore Reputation

Most people believe that if they have been falsely accused of a sex crime, they’ll be able to fight the accusations in court and they will face no consequences in Denver, Adams, or Arapahoe County. Unfortunately, even if you are acquitted at trial, you will face many repercussions from the accusations. I came across the perfect example of this the other day in the news: a teacher was accused of Indecent Exposure in the classroom. He went to trial, and was acquitted of the offense. But, now he faces a new obstacle: he must clear his name – even though he is innocent.

Aurora Teacher Accused of Indecent Exposure

According to news reports (which are readily available online), last year, a teacher in an Aurora school was accused of Indecent Exposure. According to two students, the man was masturbating in a classroom while sitting at a desk. The teacher was arrested and charged with Indecent Exposure. Indecent Exposure – C.R.S. 18-7-302, is a sex offense in Douglas, Arapahoe, and El Paso County, and across Colorado. This means that a conviction will have harsher implications than a regular offense: the teacher would be required to register as a sex offender, and undergo harsh sex offender treatment overseen by the Sex Offender Management Board (SOMB). This treatment is unfair. The SOMB’s “one-size-fits-all” approach is harsh and unhelpful. Even if the teacher had been guilty of the inappropriate act in the classroom, this sentence is harsh. But, now the possible sentence would be unjust, because the teacher was innocent of the crimes. After only 20 minutes of deliberation at trial, the jury came back with a not guilty verdict. The teacher was free to go following his acquittal. Unfortunately, he now had to face the next step of the fight: restoring is reputation.

It can be difficult to restore your reputation following false accusations.

People Accused of Sex Crimes Have to Restore their Reputation

We have worked with hundreds of people who have been accused of sexual offenses. Some of them were guilty, many of them were not. Regardless of the outcome of their trial, however, each and every one of them has had to face a harsh reality – their mug shot and name are plastered all over the internet in connection to a sex offense. Unfortunately, the media doesn’t care about whether or not justice is reported. Headlines like: “Teacher Accused of Indecent Exposure in Classroom!” garner attention, disgust, and interest. People like to share and discuss vulgar stories – and they rarely care if the accusations are true or not. And, the media doesn’t usually publish follow-up stories, stating that a person has been found innocent of the crimes. This goes directly against the Constitutional standard that a person is “innocent until proven guilty.” When it comes to the media, the opposite is true.

Why You Need a Lawyer if You’ve Been Falsely Accused

If you’ve been falsely accused of a sex crime, or if you made a mistake and don’t want it to affect the rest of your life, contact a top criminal defense lawyer immediately. Look for an attorney who has years of experience defending people accused of sexual crimes. Sex offenses are much more complicated, and require a vast amount of knowledge and expertise to defend in the courtroom. If you’ve received a summons or complaint, or have been arrested, contact one of our skilled lawyers immediately. Early involvement in your case could eliminate a possible jail sentence and the dismissal of your case. Here at the O’Malley Law Office, we work hard to get the best possible outcome for our clients. And, we fight to win.

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

Dec 05

3 Kinds of Prostitution and Solicitation Stings in the Denver Area

There are three types of stings in Denver, Jefferson, and El Paso County which result in Prostitution and Solicitation charges. The Littleton, Lakewood, Denver, and Aurora Police conduct three types of operations:

  • Colfax Street Stings
  • Massage Parlor Stings
  • Craigslist / Internet Stings

Let’s take a look at all three of these Prostitution and Solicitation stings in order to understand the importance of working with a knowledgeable, skilled criminal defense lawyer if you have been charged.

First, What is Prostitution and Solicitation?

Prostitution and Solicitation are sexual crimes in Colorado. In order for a District Attorney or City Attorney to convict someone of Prostitution – C.R.S. 18-7-201, they must prove that you offered to perform a sexual act (cunnilingus, masturbation, anal intercourse, or sexual intercourse) with another person, not a spouse, in exchange for money, or any other thing of value (such as rent, or goods). In order for the DA to convict someone of Solicitation of a Prostitute – C.R.S. 18-7-202, they must prove you solicited the services of a prostitute, or arranged for others to meet for the purpose of prostitution.

Sting operations are common throughout the Denver area.

Most Common: Colfax Street Sting Operations

Sting operations on East Colfax are a favorite of the Denver Police Department. These types of operations have been going on for over a decade.

The Sting Setup: A female police officer poses as a prostitute on Colfax. This is a common area for prostitutes to work, so the officer fits in. When men approach her, the officer steers the conversation to get them to admit they want to pay her for a sexual act. What they don’t know is that she’s wearing a device which records everything they say to her. The officer then agrees to meet the men nearby, where officers are waiting to arrest the men. Their cars are confiscated, and won’t be able to be returned until a heavy fine of at least $1,200 is paid, as well as fines of close to $600.

The Charges: These sting operations are motivated mainly by the money which will be generated by the Denver Police Department, and Lakewood Police Department (for sting operations run on West Colfax). If a person is caught in a sting operation, they will be charged with Solicitation. A conviction of this offense can have a negative effect on your future, which is why it is wise to work with a knowledgeable criminal defense attorney who will help arrange a plea agreement with the Denver City Attorney. Often, we are able to work out agreements which will keep a Prostitution or Solicitation charge off your permanent record.

Massage Parlor Sting Operations Across Denver

Massage parlor sting operations have grown more common in the past few years in Douglas, Arapahoe, and Adams County. Let’s take a look at how they work.

The Sting Setup: For this sting operation, the police advertise massages in questionable magazines in the Denver area. Then, they wait for men to call and ask for “additional services.” They agree to these services, and then arrest the men upon their arrival at the massage parlor when they come for their appointment.

Craigslist and Internet Sting Operations

Another common sting operation is run by the police across Colorado. These are set up online, and are used to trap men into agreeing for the services of a prostitute.

The Sting Setup: The police post on Craigslist and other sites across the internet, advertising the services of prostitution. Police officers stage houses of prostitution, and other staging areas throughout the Front Range. Then, they respond to men who contact them about the advertisement, and arrange a meeting. At the meeting, the men are arrested and charged with Solicitation of a Prostitute.

Why You Need a Lawyer after a Prostitution and Solicitation Sting

If you’ve been charged with Solicitation of a Prostitute, or Prostitution, you need to contact an outstanding sex crimes defense lawyer immediately. While these crimes aren’t sex offenses under Colorado law, you will be required to take educational classes and pay fines. You could also be required to spend time in jail after repeat offenses, or lose your car. Don’t put your future at risk with a conviction of either of these crimes. Instead, work with a lawyer who understands the importance of a clean criminal record, and will fight hard to get the charges against you dismissed, or work out a favorable plea agreement to keep it off of your record.

If you or a loved one is facing Prostitution and Solicitation charges in Colorado, be smart, exercise your right to remain silent, and contact an experienced sex crimes defense attorney at the O’Malley Law Office for a free consultation at 303-830-0880. Together, we can protect your future.

Dec 04

Pimping and Pandering in Denver Area Cities

Whenever the police conduct a prostitution sting operation in Denver, Adams, or Jefferson County, people are charged with crimes they don’t know much about. In today’s blog, we’re going to take a closer look at Pimping and Pandering – both crimes in Colorado.

What is Pimping in Colorado?

Pimping – C.R.S. 18-7-206, is charged in Arapahoe, El Paso, and Douglas County when:

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

Put simply, if a person lives on money which is earned by another person through prostitution, they will be charged with Pimping. This crime is commonly charged whenever a person:

  • Operates a prostitution business, and lives on the income which is earned.
  • Receives payment from a prostitute, who earned the money by practicing prostitution.

Pimping is a class 3 felony in the state of Colorado, which could result in possible prison time and up to $750,000 in fines. This is why you need a skilled criminal defense lawyer fighting on your behalf if you have been charged.

What is Pandering in Colorado?

Pandering – C.R.S. 18-7-203, is charged whenever a person “does any of the following for money” or anything of value:

  • Induces a person “by menacing or…intimidation to commit prostitution.”
  • Knowingly arranges or offers to arrange a “situation in which a person may practice prostitution.”

While this law sounds simple, it is charged in many different situations. For example, a person can be charged with Pandering for:

  • Offering to get a friend a prostitute
  • Gathering people together for a party where there will be prostitution
  • Giving directions to someone for a location for the purpose of prostitution

The sentence for a Pandering conviction ranges anywhere from a class 3 misdemeanor up to a class 5 felony. If the District Attorney can prove a person used intimidation or menacing to get another person to commit the crime of Prostitution in Aurora, Castle Rock, or Parker, they will be charged with the class 5 felony, which results in a possible prison sentence of up to 3 years, and fine of up to $100,000. If the DA proves a person arranged for an act of prostitution, they will be convicted of the class 3 misdemeanor Pandering, which results in a possible county jail sentence of up to 6 months, and up to a $750 fine.

Pimping and Pandering Charges: Why You Need a Lawyer

Pimping and Pandering are both sex offenses, which means you will be required to register as a sex offender, and the general public will look at you in a negative light. Don’t put your future in the hands of an inexperienced public defender, or ignore the charges. Instead, hire a passionate criminal defense attorney to fight on your behalf and work to get you the best possible outcome in your case.

If you or a loved one has been charged with Pimping or Pandering in Colorado, 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.

 

Dec 03

Teens Should Take Responsibility for Sexual Behavior in Denver

A day doesn’t go by without hearing about a teacher being arrested for sexual behavior with a high school student in Denver, Adams, or Jefferson County. The public always responds with disgust; how dare an adult in a position of trust use a child in that way! But, this isn’t a fair or just response. People don’t ever take into account the other person involved in the sexual behavior. And, people who do call for teens to take some responsibility for the relationship face opposition. Very rarely are these sexual relationships non-consensual, yet students aren’t held responsible for their involvement, leaving the teachers to face life in prison.

Teacher / High School Student Relationships are Often Consensual, but Students Don’t Have to Take Responsibility for their Behavior

An article was shared with me this past week. It told the story of a 28-year-old math teacher who had a relationship with a 14-year-old student. The teacher was sentenced to prison, and the girl was treated solely as a victim. If this case had occurred in El Paso, Arapahoe, or Jefferson County, the teacher could be spending up to life in prison under an indeterminate sentence. No thought is given to the fact that the student was a willing participant in the relationship. In fact, the girl lied repeatedly to her parents about her whereabouts. A lawyer in the case sums it up perfectly:

She lied to her mother so she could have sex with her teacher…she went to a motel in which she engaged in voluntary consensual sex with her teacher. Why shouldn’t she be responsible for that?

Teenagers are becoming sexually active at younger and younger ages. Studies show that almost 47% of high school students in the U.S. have had sexual intercourse. In addition to this, there have been many stories of younger students bragging to their friends about their sexual activity with a teacher.

Often, teachers are arrested after students bragged about their sexual encounters. The students have no legal consequences for their behavior.

Rape Shield Doesn’t Allow Evidence in Court

In Colorado, there is a law called “Rape Shield,” which prohibits certain types of evidence into the courtroom. An alleged victim’s past sexual history cannot be allowed in trial. This further places all the responsibility on one party in the case. If a teen was sexually active or known to be promiscuous in past relationships, this often cannot be allowed in the courtroom. This isn’t just or fair. Teens should have some responsibility for their willing, consensual sex life.

Speaking the Truth Results in Consequences

Believing that teens should take some responsibility for their consensual sexual relationships with teachers isn’t a popular opinion. In fact, the lawyer’s statement above resulted in the loss of his job. By simply stating his opinion, the lawyer lost his job. According to the district, his comments were “completely inappropriate, and they undermine the spirit of the environment we strive to offer our students every day.” The young girl sued the district, saying she suffered “emotional trauma” as a result of the five-month sexual relationship. No consideration was given to the fact that she was a willing, involved participant.

Why You Need a Lawyer for Position of Trust Sex Cases

If you have been charged with Sexual Assault on a Child by a Person in a Position of Trust in Pitkin, Grand, or Teller County, don’t hesitate to contact an attorney immediately. The earlier a knowledgeable lawyer is involved in your case, the better. This is because District Attorneys, judges, juries, and the general public don’t’ give a second thought to your innocence. It isn’t a popular opinion to believe teens should take some responsibility for their actions. You’ll be alone in court. Don’t be alone; work with a skilled lawyer who is passionate about fighting for your rights and freedom. Here at the O’Malley Law Office, we fight to win.

If you or a loved one has been charged with a sex offense in Colorado, be smart, exercise your righto 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 28

Let’s Be Thankful for the Good in our Criminal Justice System

During Thanksgiving season, everyone focuses on being thankful for the blessing in their lives. And, while it can be difficult, I think it’s important to be thankful for the good aspects of our criminal justice system in Denver, Arapahoe, and Jefferson County. As criminal defense attorneys, we see the bad and the ugly parts of the court system every day. But, this week – we want to focus on the good.

The Right to Remain Silent in Denver

The United States Criminal Justice System has many flaws. But, one aspect which is unique is the right to remain silent, guaranteed by our Constitutions and Miranda Rights. If you have been accused of or charged with a crime, you have the right to remain silent about the subject. Your silence can’t be held against you in a court of law.

The Right to Hire and Attorney

Also included in the 6th Amendment to the U.S. Constitution is a person’s right to retain an attorney for representation if they have been accused of or charged with a crime. Going through the criminal justice system can be difficult. It is helpful to have the guidance and advice of an experienced, professional lawyer who will help you make the decision which will protect your future.

An experienced lawyer will guide you expertly through your criminal case.

Innocent Until Proven Guilty

While the assumption that a person is innocent until proven guilty is tested each and every day, this right is a fundamental part of our criminal justice system in Adams, El Paso, and Douglas County. The law states that a person who has been accused of a crime (such as Sexual Assault, Unlawful Sexual Contact, or Sexual Exploitation of a Child) is innocent until the District Attorney proves they are guilty. This means the burden of proof lies with the District Attorney. Put simply, it means that the defendant in a criminal case has no duty or obligation to prove their innocence. Instead, the DA must prove beyond a reasonable doubt that the crime was committed by the defendant.

Right to a Jury Trial

While not every case has the right to a jury trial (juvenile cases are rarely tried by jury), this right is important to the United States Criminal Justice System. Many countries don’t allow a person to be judged by a jury of their peers. Instead, one person decides their fate. Because the vote must be unanimous in a criminal jury trial, the defendant has a more likely chance. You don’t have to prove your innocence – the government has the burden of evidence.

Why You Need a Lawyer if You’ve been Charged with a Sex Offense

If you’ve been charged with a sex offense such as Sexual Assault on a Child, Indecent Exposure, or Internet Luring of a Child, don’t hesitate to contact a skilled criminal defense lawyer to be your advocate in the courtroom. While our criminal justice system is the best in the world, it does have its flaws. People who are charged with sex crimes have a much more difficult time defending themselves. This is why it is wise to work with a Sexual Assault lawyer who has a thorough understanding of the system and how to get you the best possible outcome in your criminal case. This Thanksgiving, let’s be thankful for the good in our criminal justice system.

If you or a loved one has been charged with a crime this Thanksgiving season, be thankful for the good in our criminal justice system, 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.

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