Apr 23

Incest Charges: Getting Help for Defendants in the Denver Area

Facing Incest charges? Get the help and treatment you need.People are usually disgusted and confused when they hear someone has been charged with Incest – C.R.S. 18-6-302 in Adams, Douglas, and Denver County. As an experienced criminal defense attorney, I have defended many people who have been accused of Incest. When working on sex crime cases, I have found there are often two victims – the complaining witness and the defendant who contacted me.  What do I mean by this? Let me explain.

People Facing Incest Charges are Sometimes Victims Themselves

I work regularly with people who have been charged with sex crimes such as Sexual Assault – C.R.S. 18-3-402, Unlawful Sexual Contact – C.R.S. 18-3-404, or Sexual Assault on a Child – C.R.S. 18-3-405. In many situations, the defendant was sexually abused as a child ( while I am not a trained psychiatrist or medical doctor, there are many studies that link sexual abuse as a child and becoming an offender). In most cases, sexual deviance is a learned behavior. This isn’t a justification for committing Incest, but it offers insight into the reasons behind a crime, and how we can get help for people who have been convicted of Incest or Aggravated Incest – C.R.S. 18-6-301 in El Paso, Arapahoe, and Jefferson County. I have seen far too often that people who are facing Incest charges and other sex crimes are made out to be monsters (even before they have been convicted). If they are convicted, they are often outcasts with no hope for help or recovery. Here at the O’Malley Law Office, we focus on helping people who are facing Incest charges and other sex crimes get the help they need.

We are focused one helping those convicted of sex crime to get the treatment they need. 

Criminal Lawyers Fighting for the Best Possible Outcome in Incest Case

The experienced criminal defense attorneys at our office fight hard to get the best possible outcome for our clients. Sometimes this means focusing on the corrective capability of the Colorado justice system. When there are mental health issues, we work hard to find people who can offer help and support. We often speak with the District Attorney and discuss the need for a treatment plan instead of simply sitting in jail. If you are facing Incest charges or another sex crime in Castle Rock, Englewood, or Lakewood, don’t hesitate to contact one of our skilled and compassionate criminal defense lawyers. We seek to help our clients get the best possible outcome in their case, and receive the treatment they need.

Contact an attorney for a free consultation

If you or a loved one is facing Incest charges in Littleton, Sheridan, or Parker, 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, or submit the “Get Help Now” form.
Together, we can protect your future.

Image courtesy of Naypong / FreeDigitalPhotos.net

Apr 22

New Law Focuses on “ Revenge Porn ” in Colorado

Learn more about the new "revenge porn" bill being proposed in ColoradoThe world is changing rapidly. Technology is blurring lines and creating opportunities to enforce new laws. One new law which is being discussed by lawmakers in Colorado would tackle a new phenomenon known as “ revenge porn. ” There are laws currently in effect in Denver, Adams, and Douglas County which criminalize the creation or distribution of child pornography, but this bill would the first to criminalize the sharing of adult pornography obtained with permission, if done with the intent to get revenge, or bully the alleged victim. Let’s dig a little deeper into this bill.

Explicit Photos: Shared Commonly in Today’s World

Sexually explicit or nude photos are commonly shared in the modern world. This is called “sexting.” In a recent study by the Pew Research Internet Project, it was discovered that about 20% of adults with cellphones received nude (or almost nude) videos or pictures from a friend or acquaintance (this number is up 5% from 2012). 3% said they have forwarded a sext to another person. While this practice is illegal when the images include sexually exploitative images of children under the age of 18 (Sexual Exploitation of a Child – C.R.S. 18-6-403), the new law would focus on the intent of the person sharing the images in Jefferson, Arapahoe, and Larimer County.

The Intent  Behind Sharing Sexual or Nude Photos

According to a sample bill proposed by the Cyber Civil Rights Initiative, a person would be charged with a crime if they knowingly share (distribute, advertise, publish) a photo, video, or other type of media of another person whose intimate parts are exposed, or who is engaged in an act of sexual contact, when the person who is sharing the photo knows (or should know) that the person in the media did not consent to the photo being shared. This includes situations where the media was created within the context of a private relationship, and then shared without their consent.

The bill would include images/videos which were taken with permission, but shared without consent. 

The Proposed Sentence for Sharing “ Revenge Porn ”

The proposed bill in Colorado would make sharing or publishing “ revenge porn ” a misdemeanor: If convicted, a person who publishes sexually explicit images or video could also face a minimum fine of $10,000 (this is unusually high for a misdemeanor, which illustrates how serious the government is taking this offense) , and be compelled to remove the images from the internet.

A Similar Law and Free Speech Concerns

Many people are concerned this law would violate free-speech rights, but its proponents are quick to say this law isn’t about restricting free speech, but instead is about stopping the malicious behavior of revengeful ex-boyfriends or spouses who are posting photos online in order to cause “serious emotional distress.” The ACLU has shown concern over giving the government too much power over people’s activity online – it is always dangerous to give the government more control of our private lives. This law is taking an existing law a step further: Invasion of Privacy for Sexual Gratification – C.R.S. 18-3-405.6 states that it is illegal to watch, or take a picture (or video) of another person’s intimate parts without their knowledge, when they have a reasonable expectation of privacy, for the purpose of sexual gratification. In this existing law, the images are taken without the alleged victim’s knowledge, whereas the revenge porn bill would criminalize sharing media which was taken with permission, if the purpose of sharing is for revenge or humiliation.

Contact an attorney for a free consultation

If you or a loved one has been accused of a sex crime in Thornton, Lone Tree, or Parker, 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, or submit the “Get Help Now” form.
Together, we can protect your future.

Apr 21

Consensual Sex Can End with Sexual Assault Accusations in Denver

Consensual sex can end with Sexual Assault allegationsI wrestle with the way our courts handle cases of Sexual Assault – C.R.S. 18-3-402 in Denver, Adams, and Jefferson County. A woman can have consensual sex with a man, and then change her mind the next day. She can allege the sexual contact was against her will, and the man she slept with will be arrested and could face a lifetime in prison. District Attorneys often charge men with Sexual Assault / Rape based only on the evidence that sex occurred – even when there is no evidence the encounter wasn’t consensual. The way Sexual Assault cases are handled is wrong: Many innocent men are sitting in prison. At least 50% of our adult Sexual Assault cases are a result of bad decisions, such as one-nigh stands, or sex with a woman who is already in a relationship. Let’s dig a little deeper into this issue to see how our courts often mishandle cases of rape:

No Evidence of a Forced Encounter is Needed to be Charged

District Attorneys in Douglas, Arapahoe, and El Paso County are presented with many cases where there is no physical evidence, and will charge a man with Sexual Assault. Often, the only evidence is proof that sex occurred (but DNA evidence doesn’t show whether or not it was consensual) and the woman’s word against the man’s. In situations like this, men don’t make rational decisions out of fear: They either accept a plea deal, hoping to escape the worst consequences, or they simply believe the truth will eventually come out and prove their innocence. Unfortunately, the consequences of a Sexual Assault conviction are serious. Let’s look at what a person convicted of Sexual Assault can expect.

You need to work with an attorney how knows how to present a strong defense to false allegations.

The Serious Consequences of a Sexual Assault Conviction

Indeterminate Sentencing: Sexual Assault / Rape is subject to indeterminate sentencing in the state of Colorado. This means a judge will not set the upper limit on prison time. A person convicted of this sex offense will be sentenced for 2 years to life. The Colorado Parole Board determines when a person will be released from the Department of Corrections (DOC).

Sex Offender Treatment: A person convicted of Sexual Assault will be required to undergo sex offender treatment overseen by the Sex Offender Management Board (SOMB). The SOMB has a harsh opinion of all sex offenders – a man who had a consensual sexual encounter and was falsely accused will receive similar treatment as a serial rapist.

Sex Offender Registration: Once a person who was convicted of Sexual Assault is released from DOC, they will be required to register as a sex offender. It can be difficult to find a job or housing as a sex offender.

Sex Offender Intensive Supervised Probation: If a person convicted of Sexual Assault receives probation, they will be subject to an intensive form of probation, which is called Sex Offender Intensive Supervised Probation. SOISP is very controlling and enforces many restrictions over a person’s life.

Why You Need an Experienced Sexual Assault Lawyer

If you have consensual sex and she changes her mind, you could be facing life-changing consequences. You need a criminal defense attorney who knows how to present a strong defense to false allegations of sexual assault. If you have been accused, contact us immediately to begin work on your defense. Don’t speak to the police – contact a lawyer at our office who has years of experience fighting on behalf of our clients.

Contact an attorney for a free consultation

If you or a loved one has been falsely accused of rape in Littleton, Glendale, or Thornton, 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, or submit the “Get Help Now” form. Together, we can protect your future.

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Apr 16

Computer Forensics in Denver: Reading Hard Drive History

Police use computer forensics labs to recover files from your hard drive to charge you with a crime. Your hard drive contains a history of every action taken on your computer. Each file downloaded, accessed, or created, is stored in your computer’s memory. It is important to understand that there is no differentiation made by the computer between you and other users – if a file was downloaded or created by someone else on your computer; it’s going to look like you were the author or creator. In cases like Sexual Exploitation of a Child – C.R.S. 18-6-403, in Denver, Adams, and Jefferson County, the possession of certain files is crucial. Let’s look at how computer forensics works, and how you can defend yourself if you’ve been charged with a sex offense:

Where Files Go on Your Hard Drive

When a file is written to your hard drive, it takes up space (allocated space),  and is indexed by your operating system. When you delete a file, it doesn’t just go away. Instead, it is moved to “unallocated” space and is “de-indexed” by the operating system. You won’t be able to find a date on the file, but it will be stored on your hard drive until it is overwritten. Usually, files are overwritten as you use your computer and create new downloads. But, you aren’t in control of what is overwritten, or when. Now, we’ll discuss why this is important and how dangerous deleted files can be:

Sexual Exploitation of a Child: Images Stored on Computers

Sexual Exploitation of a Child is a sex offense which is charged whenever someone is found to be in possession of (or creating) child pornography. When sexually exploitative material (images or video of children under the age of 18 years of age engaged in sexual activity or “erotic nudity”) is found on a computer, the person who owns the computer will face serious charges. Sexual Exploitation of a Child is a sex offense which carries a sentence of up to 16 years in prison, and registration and treatment as a sex offender.

How Do Police Find Sexually Exploitative Material?

The police and sheriffs in Arapahoe, Douglas, and Larimer County get leads that someone has download child pornography. They contact the Internet Service Provider (ISP) and obtain an address and a search warrant. They will confiscate computers and give them to forensics labs such as the Rocky Mountain Regional Computer Forensics Laboratory (RMRCFL), who are allowed to search hard drives for child pornography. RMRCFL uses software tools such as EnCase and Forensic Took Kit (FTK) to view hidden files (files treated as deleted by the operating system) on a hard drive platter. Once any sexually exploitative photos or videos are found, charges are filed.

What To Do If You Have Been Charged with a Sex Offense after a Computer Forensics Search

The criminal defense attorneys at our office know the importance of working with a private computer forensic examiner in Sexual Exploitation of a Child cases. The best thing you can do if you have been contacted by the police is to remain silent – it is much easier for us to defend someone who hasn’t given the police any information.

Contact an attorney for a free consultation

If you or a loved one has been accused of possessing sexually exploitative material of someone under the age of 18, 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, or submit the “Get Help Now” form. Together, we can protect your future.

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Apr 15

Entrapment Defense in CO: Affirmative Defense to Internet Sex Crimes

Entrapment defense - an Affirmative Defense against Sex Crime ChargesIf you have been charged with an internet sex crime in Adams, Jefferson, or Douglas County such as Internet Luring of a Child – C.R.S. 18-3-306, Internet Sexual Exploitation of a Child – C.R.S. 18-3-405.4, or Enticement of a Child – C.R.S. 18-3-305, you need to contact an experienced criminal defense attorney immediately. This is because there is an affirmative defense we may use in your case, depending on the circumstances. This defense is called Entrapment – C.R.S. 18-1-709. Let’s look closely at this defense to determine its usefulness in your case:

Entrapment – A Simple Explanation

Put simply, an affirmative defense allows you to say: “Yes, I committed the crime in question. But, I have a legal trump to the charges against me.” Entrapment essentially states that you wouldn’t have committed the crime you have been charged with, without the involvement of the police or government. The Entrapment statute states:

“The commission of acts which would otherwise constitute an offense is not criminal if the defendant engaged in the proscribed conduct because he was induced to do so by a law enforcement official or another person acting under his direction, seeking to obtain evidence for the purpose of prosecution, and the methods used to obtain that evidence were such as to create a substantial risk that the acts would be committed by a person who, but for such inducement, would not have conceived of or engaged in a conduct of the sort induced.”

When a person is charged with an internet sex crime as a result of a sting operation, the Entrapment defense is sometimes plausible.

Situations When Entrapment is a Plausible Defense

When a person is charged as a result of police internet sting operations, the Entrapment defense is sometimes plausible. Police often pose as underage children interested in discussing sex in adult chat rooms. The police often drop hints they want to meet for a sexual encounter during a discussion, hoping the man will take the bait and suggest a meeting (which is needed in order to be charged with Internet Luring or Enticement of a Child). If it can be proven the police tempted a person to the extent they were the greatest contributor to the crime which was committed, the Entrapment defense can be used in Larimer, Arapahoe, or Denver County.

Difficulties with the Entrapment Defense

The government has made it difficult to use this defense in many situations, however. The police have covered their tracks and limited the use of this defense by adding specific language to the statute: “But for such inducement, would not have conceived of or engaged in the conduct…merely affording a person an opportunity to commit an offense is no[t entrapment even though representations or inducements calculated to overcome the offender’s fear of detection are used.” In other words – the police will do everything within their power to get you to commit a crime, and unless they were obnoxious and obvious, the entrapment defense is made void.

Why You Need an Experienced Criminal Defense Attorney

If you have been charged with an internet sex crime as a result of a police sting, don’t hesitate to contact an experienced lawyer at our office. We will look at your specific situation to determine whether or not the Entrapment defense can be utilized. Don’t put your future in the hands of an inexperienced public defender or divorce lawyer. Work with the skilled sex crimes attorneys at our office who have years of experience fighting on the behalf of people who have been charged in police stings.

Contact an attorneyIf you or a loved one has been charged with an internet sex crime and you believe the affirmative defense of Entrapment may be applicable, 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, or submit the “Get Help Now” form. Together, we can protect your future.

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Apr 11

Adams County Sheriff’s Deputy Arrested for Sexual Assault on a Child, Position of Trust

Sheriff's Deputy arrested for Sexual Assault on a Child by One in a Position of trust - should arrests be reported?Late last night, an Adam’s County Sheriff’s Deputy was arrested under suspicion of Sexual Assault on a Child by One in a Position of Trust. This is a very serious sex offense in Colorado – one which could result in an indeterminate sentence, or life in prison. Unfortunately for the Sheriff’s Deputy, his name and face are now plastered all over the news with accusations of being a child predator. If the allegations prove to be untrue, he will have a difficult time overcoming the stigma of the inflammatory news put forth by the media. These kinds of articles serve only to arouse suspicion and create gossip. It would be much better to wait until a person is convicted, or at least charged formally with a crime before publishing their face all over the news for the public to judge (which is why we are not mentioning his name in this blog). We have worked with more than one client who was declared innocent, but the newspapers never print a retraction. With crimes as serious as Sexual Assault on a Child, it is wise for us all to step back and not make assumptions about the guilt of people who are arrested. Let’s take a look at the seriousness of this offense in Denver, Jefferson, and Boulder County:

Publishing the names of people who have been accused of crimes serves only to arouse suspicion and create gossip.

What is Sexual Assault on a Child by One in Position of Trust?

Sexual Assault on a Child by One in a Position of Trust – C.R.S. 18-3-405.3, is slightly different than Sexual Assault on a Child. Colorado statute states that any person who “knowingly subjects another not his or her spouse to any sexual contact commits sexual assault on a child by one in a position of trust if the victim is a child less than eighteen years of age and the actor committing the offense is one in a position of trust in respect to the victim.” In order to fully understand this law, we need to define a few terms:

-          What is “Sexual Contact”?

When we hear the words “sexual assault,” we think the worst. In reality, sexual assault can include touching someone’s butt or breast – while they are clothed. The definition is a knowing “touching of the victim’s intimate parts…or of the clothing covering the immediate area of the victim’s or actor’s intimate parts if that contact is for the purposes of sexual arousal.”

-          What is “Position of Trust”?

Position of Trust is defined as a parent, or any person acting in the place of a parent, such as someone who is responsible for the heath or supervision of the child. This term can be vague, but often includes teachers, pastors, youth pastors, and other professionals.

What is the Sentence for Sexual Assault on a Child, Position of Trust?

The sentence for this sex offense in Arapahoe, Douglas, or Larimer County varies, depending on the circumstance. But, regardless of the sentence, this crime is subject to indeterminate sentencing, which means there is no upper limit to how long a person will spend in prison.  A judge will sentence a person convicted of a class 4 felony Sexual Assault on a Child, Position of Trust, to prison (DOC) for a minimum of 2 years to life. If the victim is less than 15 years old, it is a class 3 felony with a 4 year to life sentence minimum. Another consequence is being required to register as a sex offender for the rest of your life (you are able to petition to deregister if you received a deferred judgment, however), and undergo sex offender treatment overseen by the Sex Offender Management Board.

Don’t lose hope if you have been accused of this sex offense – contact us and fight for your future!

Why You Need an Experienced Sex Crimes Attorney

If you have been accused of Sexual Assault on a Child by One in a Position of Trust, it is absolutely vital to your future that you work with an experienced criminal lawyer. Your life is at stake, and your family’s future is at stake. We have successfully defended many clients who have been charged with this serious offense. The media and the public will assume you are guilty until you have been proven innocent. You need an advocate to fight on your behalf in the court.

Contact an attorney for a free consultationIf you or a loved one is facing accusations of Sexual Assault on a Child, Position of Trust, just like the Sheriff’s Deputy, 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, or submit the “Get Help Now” form for a free consultation. Together, we can protect your future.

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Apr 09

Expert Witnesses and Serious Bodily Injury in Sexual Assault Cases in Denver

Super, expert witnesses are key to your sexual assault defense.If you have been charged with Sexual Assault – C.R.S. 18-3-402 in Denver, Arapahoe, or Douglas County, and there are allegations you caused Serious Bodily Injury (SBI), you need to contact an experienced sexual assault defense attorney immediately. This is because there are special sentencing rules in Sexual Assault / Rape cases. You need to have someone fighting on your behalf who has a strong grasp on the law, juries, and how District Attorneys operate. When Serious Bodily Injury is added to this charge, the sentence is much harsher. This is why we bring in expert witnesses to testify in support of your defense and prove the innocence of our clients. We call these expert witnesses “super witnesses” because they often provide testimony on key evidence. Let me explain how Serious Bodily Injury and expert witnesses are connected:

What is Serious Bodily Injury?

Serious Bodily Injury is defined in Colorado statute as “bodily injury which, either at the time of the actual injury or at a later time, involved a substantial risk of death, a substantial risk of serious permanent disfigurement, a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second or third degree.”

When there are accusations that Serious Bodily Injury occurred, we often turn to people in the medical profession, such as doctors, surgeons, dentists, or nurses to testify. They analyze the evidence in a Sexual Assault case and often testify in support of our defense. How, you might ask? Let’s look at an example of how an expert witness can be the difference between a conviction and freedom:

Juries love expert witnesses, much like we all love good, old-fashioned superheroes.

How Expert Witnesses Save the Day

Let’s say a Denver County man has been accused of rape involving Serious Bodily Injury by an angry, revengeful ex-girlfriend. She has bruises and a fractured rib to prove her story. We contact a well-respected doctor to examine the x-rays, and he discovers the fractures occurred before the time when the alleged sexual assault took place. The expert witness’ professional opinion validates our defense to the jury. Juries love expert witnesses, much like we all love good, old-fashioned superheroes. This is because doctors, nurses, and other expert witnesses are professionals with years of study and experience. It is difficult to doubt the professional opinion of a well-respected physician. Because the District Attorney couldn’t prove beyond a reasonable doubt the sexual assault and Serious Bodily Injury occurred, our client is free. The super witness saved the day and kept an innocent man from going to prison.

Why You Need an Experienced Criminal Defense Attorney

We have a network of medical professionals and other expert witnesses we often work with in criminal cases in Jefferson, Larimer, and Adams County. They can be expensive to retain, but when their involvement means the difference between freedom and prison, a price cannot be put on their knowledge. The criminal defense lawyers at our office have over 20 years of experience working with expert witnesses and creating a strong defense for our clients. Don’t stand alone in front of a judge. Work with a strong team who can fight on your behalf.

Contact an attorneyIf you or a loved one has been charged with Sexual Assault / Rape, or another sex crime in Littleton, Aurora, or Thornton, 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, or submit the “Get Help Now” form. Together, we can protect your future.

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Apr 07

Alcohol and Public Indecency Charges in Denver

There is a close connection between alcohol and public indecency.Spring break is a fun time for college students at Colorado State University, Denver University, and Colorado School of Mines. It’s a time when you can relax from the constant strain of classes and study, and let loose. Unfortunately, letting loose often means drinking large amounts of alcohol. Whenever alcohol is involved, the chances of an arrest for illegal activity rise. For example, Public Indecency is charged whenever a person exposes themselves in public in Denver, Adams, or Jefferson County. When people’s judgment is clouded from alcohol, they do things they wouldn’t normally do. Let’s take a closer look at the connection between alcohol and Public Indecency charges in the Denver area:

How is Someone Charged with Public Indecency?

Public Indecency – C.R.S. 18-7-301, is a class 1 petty offense in most cases. A person will be accused of Public Indecency if they have sex, lewdly expose an intimate body part (not including the genitals), or lewdly fondle or caress someone else in a public place. If a person knowingly exposes their genitals to another person with the intent to cause alarm, they will also face Public Indecency charges.

 - Some Examples of Public Indecency

It is easy to be charged with Public Indecency in Larimer, Douglas, or Arapahoe County. For example, a couple making out in the park could be charged because of their “lewd fondling.” Or, a student at Colorado University could be accused after peeing / urinating in an alley after a party.

Don’t let a party and a bad decision ruin your chances at a promising future.

Alcohol and Public Indecency: A Close Connection

Alcohol clouds the judgment of even the wisest people. College students in Golden, Denver, and Fort Collins need to be careful of their actions if they are drinking during spring break. Group alcohol consumption often leads to wild behavior such as making out (Unlawful Sexual Contact), flashing fellow students (Indecent Exposure), streaking across football fields, and public urination. Don’t let a week off of school at the University of Norther Colorado ruin your chances at a promising future. Even a petty offense or misdemeanor on your record is damaging. In some cases, a second conviction of Public Indecency results in a sex offense conviction, with the requirement to register as a sex offender and go through sex offender treatment. One week of wild behavior is not worth a lifetime of regret.

Contact an attorneyIf you or a loved one or friend is facing accusations of Public Indecency after drinking too much and partying, 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, or submit the
Get Help Now” form. Together, we can protect your future.

Apr 04

Bad Medical Treatment of Inmates in Denver County Jails

Bad medical treatment for many inmates in Denver County jail

Image courtesy of Naypong / FreeDigitalPhotos.net

I understand we cannot provide first-class medical treatment for inmates in Denver, Adams, and Jefferson County jails – it just doesn’t make sense economically. But, this doesn’t mean we shouldn’t provide basic care for the people in the system. Sheriffs across Colorado often cut costs in dramatic ways. Even food is minimal and cheap, and medical programs often barely keep people alive. I have seen this first-hand:

Judges and the Health of Inmates

I have a client who has a serious health condition. The judge in her case completely ignored her condition. The judge’s attitude seemed to say:  “if you don’t want to suffer in jail, don’t commit a crime!” I understand judges are busy people who cannot personally care for each person they send to jails and prison. But, when a situation presents itself where an inmate needs medical attention, they should not ignore their responsibility. Often, judges lose their ability to empathize because they are too concerned with following procedures which provide safety for the community as a whole, and which furthers their career in Arapahoe, Douglas, and Larimer County.

Sheriffs and How they Run Jails

We often plead with judges about the medical issues of our clients, and they often tell us they aren’t going to tell a sheriff “how to run his jail.” Judges don’t want to cross certain boundaries, because they don’t want to deal with the fallout of a sheriff spending more money on inmates or policy changes. Sheriffs have a lot of power, because they can make a judge’s life miserable. Think about it: The sheriff is the one who enforces sentences, brings inmates to court in time, and provides security at the courthouse. Because sheriffs have a lot of power in jails, they aren’t accountable to the public, which can create a bad environment for inmates. For example, I once had a client who had surgery right before he went to jail. He was on strong narcotic pain killers because of his serious surgery. When he entered the jail, he was given only Tylenol, because it is cheaper, and because it isn’t commonly abused. He had to go off the pain killers cold turkey.

We Fight for Medical Treatment for Inmates

We fight hard for our clients to receive the medical treatment they need if they go to jail or DOC for sex crimes in Colorado. We know how to move judges and sheriffs to protect the health of our clients, and we are often successful. Don’t try to fight for your own medical care or the medical care of a loved one in jail. You need to work with an experienced criminal lawyer who knows the judges and law enforcement officials and how they think.
Contact an attorney for a free consultation

If you are facing a jail or prison sentence, contact one of our experienced criminal defense attorneys at the O’Malley Law Office to be your advocate with the judge and sheriff. Contact us at 303-830-0880, or submit the “Get Help Now” form. Together, we can protect your future.

Apr 02

Hearsay in Denver Sex Crimes Cases

Learn more about Hearsay - a rule of evidence in sex crimes casesHearsay is an evidence principle in Denver, Arapahoe, and Jefferson County courts. This simple rule is made complicated by many exceptions; many experienced criminal defense attorneys have a difficult time deciphering it. Hearsay has an enormous impact on sex crimes cases – it determines whether evidence is admissible in the court. Even important evidence can be excluded for your court hearing or trial, if the rules of evidence are not met. Let’s take a closer look at this rule of evidence:

Hearsay in Colorado Courts:

The definition of Hearsay is: “A statement other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.” Even this definition can be difficult to understand – especially if you are unfamiliar with the law. Here is an example: Let’s say there are two witnesses in an Attempted Sexual Assault case in Highlands Ranch. Witness A is on the stand, and during her testimony, she says she “heard Witness B say the defendant tried to sexually assault the alleged victim.” This seems fairly straightforward, but there are two types of statements which are not considered to be Hearsay. These are:

  1. Prior Statement by Witness
  2. Admission by Party – Opponent

Exceptions to the Hearsay Rule

In addition to the two types of statements which are not Hearsay, there are 23 exceptions to the Hearsay rule (which makes Hearsay inadmissible in Adams, Larimer, and Douglas County court). These exceptions which can make evidence admissible are:

  1. Public Records and Reports
  2. Records of Vital Statistics
  3. Family Records
  4. Recorded Recollection
  5. Marriage, Baptismal, and Similar Certificates
  6. Records of Regularly Conducted Activity
  7. Absence of Entry in Records Kept in Accordance with the Provisions of Paragraph (6)
  8. Excited Utterance
  9. Records of Religious Organizations
  10. Spontaneous Present Sense Impression
  11. Statements in Ancient Documents
  12. The Existing Mental, Emotional, or Physical Condition
  13. Learned Treatises
  14. Statement for Purposes of Medical Diagnosis or Treatment
  15. Judgment of Previous Conviction
  16. Absence of Public Record or Entry
  17. Records of Documents Affecting an Interest in Property
  18. Judgment as to Personal, Family, or General History or Boundaries
  19. Reputation as to Character
  20. Market Reports, Commercial Publications
  21. Records of Documents Affecting an Interest in Property
  22. Reputation Concerning Boundaries or General History
  23. Reputation Concerning Personal or Family History

Hearsay: Why You Need an Experienced Sex Crimes Lawyer

The many exceptions to the Hearsay rule of evidence which make it very difficult to understand. If you hire an inexperienced criminal defense attorney, or work with an overworked public defender, they might not analyze the evidence correctly, and you could end up not being able to use critical evidence in the courtroom. The skilled attorneys at our office have a strong grasp on the Hearsay evidence rule, and we understand the importance of analyzing evidence correctly. One mistake, and evidence which could prove your innocence could be inadmissible.
Contact an attorney

Don’t let a misunderstanding of the Hearsay rule ruin your chances at freedom in Lone Tree, Parker, or Greenwood Village. Let an experienced lawyer at our office handle your case and the evidence proving your innocence. Be smart, exercise your right to remain silent, and contact an experienced attorney at the O’Malley Law Office at 303-830-0880, or submit the “Get Help Now” form.
Together, we can protect your future.

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