Aug 18

Peer to Peer File Sharing via the Internet in Denver

Learn more about the dangers of peer to peer file sharing. Sites such as BitTorrent, BearShare, Gnutella, Shareza, Ares, eMule, Limewire, and Kazaa, are file sharing sites called Peer to Peer (P2P) networks. They are used for the sharing of files, such as videos, music, photos, and movies. Peer to Peer sharing allows users to create index to share from their computer with other people across the world. This network is created without the use of a central server (which can be shut down). This means people in Arapahoe, Denver, and Jefferson County can search an enormous network of files for content they want. Often, this content is sexually explicit material depicting children. The possession or creation of this illegal pornography is called Sexual Exploitation of a Child – a sex offense in Colorado.

The Ease of Finding Images Leads to Greater Prosecution

Pornography involving children is a hot topic right now. In 2003, the government did an in-depth study on how easy it is to find sexual photos of kids. Law enforcement agencies in Adams, Douglas, and El Paso County have developed strategies to find people who download such material – more and more people are being charged with Sexual Exploitation of a Child. A person will be charged if they create, possess, or distribute (such as making them available to others on P2P networks) such images or videos. A conviction of this crime results in:

  • Possible prison time
  • Sex offender treatment
  • Sex offender probation
  • Sex offender registration

How Peer to Peer Users are Tracked Down by the Police

Peer to Peer networks are closely monitored by the police. They do this by identifying and tracing illegal materials based on a few key elements:

  • Title
  • Responses to search queries
  • File hash values

Each file has a “fingerprint” – a specific set of numbers called a hash value. Police officers in Denver, Littleton, and Aurora keep a database of known illegal files in a national database of thousands of hash values. When a file is made available using a Peer to Peer network such as Limewire or eMule, sheriff’s deputies in Boulder, Jackson, and Washington County identify the location of the person downloading the files by finding their Internet Service Provider (ISP). Search warrants are then obtained to confiscate all the computers and electronic devices in the person’s home where the download occurred.

The internet isn’t anonymous – it is closely monitored by the police.

The Internet isn’t Anonymous: Be Wary

We are contacted by people all the time who have been arrested for Sexual Exploitation of a Child. They often think the internet is an anonymous place where they can download what they want without repercussion. Nothing is further from the truth. The internet is closely monitored by police officers throughout Colorado who get grants from the government specifically for keeping an eye on Peer to Peer networks. Continued funding is based on results – or arrests. Once a specific hash value from the database is downloaded, it is a few minutes work to check the ISP registration and knock on the door of the person who downloaded the illegal media. And, judges are quick to issue search warrants in Sexual Exploitation cases. Once the police knock on someone’s door with a search warrant, they can confiscate any electronic device or digital storage hardware to search closely. The internet is far from anonymous. Keep this in mind when you visit P2P networks – the police are watching with sophisticated systems to track down anyone who uploads or downloads sexually explicit material involving children.

Peer to Peer Downloading Got You in Trouble? Why You Need a Lawyer

If you downloaded illegal images on a Peer to Peer file sharing site and have been contacted by the police, do these two things immediately:

  1. Exercise your right to remain silent – don’t talk to the police about anything.
  2. Contact an unbeatable criminal defense lawyer immediately.

The criminal justice system is brutal when it comes to sex crimes involving children. You need an advocate by your side if you have been charged with Sexual Exploitation of a Child. There are defenses to this crime, but you must be silent and contact a lawyer who knows how to utilize the tools available to protect your future. Don’t stand alone in the courtroom – work with an accomplished attorney who fights to win.
Contact an attorney

If you or a loved one has been charged with Sexual Exploitation of a Child after downloading images via a P2P network, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office at 303-830-0880. Together, we can protect your future.

 Image courtesy of hywards at FreeDigitalPhotos.net

Aug 15

Mandatory Reporting of Abuse: Is Clergy Included in Denver?

Is clergy included in the law requiring mandatory reporting of abuse?The law regarding mandatory reporting of abuse, neglect, and sexual abuse is confusing to many in Denver, Arapahoe, and Jefferson County. The law, “Persons required to report child abuse or neglect” – C.R.S. 19-3-304, outlines people who are required by law to report incidents or confessions of sexual abuse or neglect towards children to law enforcement. But, does this law apply to priests, pastors, rabbi, or other clergy members? In Colorado, clergy members are not required to report confessions of abuse. And, this is a good thing. How can people dealing with sin hope to overcome their struggle if they cannot get help from their pastor’s counseling or priest’s guidance? Let’s look at this law to better understand.

Mandatory Reporting Law in Colorado

The law states that a person (specified as doctors, nurses, dentists, police officers, teachers, coaches, therapists, counselors, etc.) “who has reasonable cause to know or suspect that a child has been subjected to abuse or neglect or who has observed the child being subjected to circumstances or conditions that would reasonably result in abuse or neglect shall immediately upon receiving such information report or cause a report to be made of such fact to the county department, the local law enforcement agency, or through the child abuse reporting hotline system.”

The Law Regarding Clergy and Mandatory Reporters

While “clergy member” is listed in the people who are required to report abuse in Adams, Larimer, and Douglas County, immediately below their listing is the following:

“The provisions of this paragraph (aa) shall not apply to a person who acquires reasonable cause to know or suspect that a child has been subjected to abuse or neglect during a communication about which the person may not be examined as a witness pursuant to section C.R.S. 19-3-304 (1) (c), C.R.S., unless the person also acquires such reasonable cause from a source other than such a communication.”

In other words, when a confession is made to a clergy member during counseling, or told to a pastor when asking for spiritual advice, this confidential confession is protected by law. And, why should it not be? Pastors are to provide advice and counsel to members of their congregation. If a member is struggling with a sexual sin, he or she should be free to discuss their struggle with their spiritual guide without fear of being arrested. In this way, true rehabilitation can be facilitated. Unfortunately, governmental websites and other sources of information often ignore this law regarding confidentiality.

When a confession is made to a clergy member during counseling, this confidential confession is protected by law.

When Do Pastors and Clergy Have to Report Abuse?

People often struggle with the specifics of the law and when they are required to report. Let’s look at the law once again to be more specific. A clergy member is required to report if they acquire “reasonable cause to know or suspect that a child has been subjected to abuse or neglect or who has observed the child being subjected to circumstances or conditions that would reasonably result in abuse or neglect.” Put simply, a clergy member is required to report child abuse or neglect if they:

  • Observe the act of child abuse
  • Hear from a child about an act of abuse (to themselves or another child)
  • See a child who obviously is the victim of abuse (unexplained bruises)
  • Hear from someone (in a way other than during a confidential communication) about an act of child abuse

How Does the Mandatory Reporting Law Affect You?

People tend to agree to laws that “protect children” without thinking about the personal impact on their own lives. For example, now that you know about this law, will you take your child to the doctor if they have bruises from playing outside? Would you and your spouse go in for marriage counseling (which would greatly benefit your marriage and family life), if you were concerned your husband was going to be arrested and charged with a serious crime? You probably answered “no” to these questions. People can’t get the help they need when mandatory reporting laws are overly broad. A person struggling with a sexual sin can’t get the help they need, and children are taken away from their families unnecessarily. You might think this law is reasonable, but as an experienced criminal defense attorney, I can attest to its overuse. I recently worked on a case where a young girl made up a story and ultimately, caused the entire family to be split. Her siblings are in foster care. Why is this family now destroyed? Because the Department of Human Services (Social Services) always believe children, no matter if the evidence doesn’t support their stories. Human Services would rather be “safe than sorry” (i.e. protect their own careers, rather than protect families). In the process, they destroy families and take children away from their parents.

Why You Need a Lawyer for Sex Crime Cases

If you have been contacted by the police after making a confession to a clergy member or counselor, contact an experienced criminal defense attorney immediately. You need an advocate to fight on your behalf. You need someone who has compassion and will stand by your side to fight the allegations against you. Don’t stand alone in the courtroom – work with a criminal lawyer who knows exactly what is needed to fight. Here at the O’Malley Law Office, we fight to win.
Contact an attorney

If you or a loved one has been charged with a sex crime in Denver, Centennial, or Aurora, 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.

 

Aug 13

“ Sex on the Beach ”: Not the Drink – It’s a Sex Offense in Denver

Sex on the beach isn't always a drink. It's a crime. We’ve all heard of the alcoholic drink called “Sex on the Beach” – a cocktail of vodka and fruit juices. But, “ sex on the beach ” is sometimes just what it sounds like. According to a recent news report, a couple was engaging in the act on a beach in Florida – in broad daylight and in view of people. In Denver, Douglas, and Adams County, this crime could be charged in two ways – it could be charged as Public Indecency – C.R.S. 148-7-301, or Indecent Exposure – C.R.S. 18-7-302. In this blog, we’ll discuss both crimes.

What is Public Indecency in Colorado?

Public Indecency is charged when a person has sex, exposes an intimate part of the body (for the purpose of sexual arousal), fondles or caresses another person, or knowingly exposes genitals (with the purpose of causing alarm), in a public place. In most cases, it is charged as a class 1 petty offense, which is punishable with up to 6 months in the Denver County Jail.

- Why the Couple Could be Charged with Public Indecency

The definition of Public Indecency includes the act of sexual intercourse in a public place, so it is possible the couple would be charged with this crime if the act occurred in Colorado. Fortunately, this is not classified as a sex offense if committed for the first time.

What is Indecent Exposure in Colorado?

Indecent Exposure is charged when a person knowingly exposes their genitals to another person with the intent to cause alarm and satisfy sexual desire, or masturbates in a public place. It is usually a class 1 misdemeanor, which is punishable with up to 18 months in the Adams County Jail. It is a sex offense, however, which means the defendant would be required to go through sex offender treatment and register as a sex offender.

- Why the Couple Could be Charged with Indecent Exposure

While the definition of Indecent Exposure doesn’t explicitly mention sex in a public place, it does mention the exposure of genitals in order to arouse the sexual desire of any person. We can assume the “ sex on the beach ” incident was done in order arouse sexual desire – the couple knew people were watching, and even took a break and then continued.

The couple could be charged with 2 possible crimes – but one is a sex offense. It’s important to have a lawyer fight on your behalf so you get the best possible outcome.

“ Sex on the Beach ” Couple: Why They Need a Lawyer

In Colorado, the couple could be charged with either of these two offenses. Most likely, they would be charged with the more serious offense – Indecent Exposure. A conviction of this crime would mean a longer jail sentence for both, sex offender registration, and sex offender treatment overseen by the harsh Sex Offender Management Board (SOMB). District Attorneys usually overcharge crimes, hoping to scare people into pleading guilty. Instead of trying to “make the charges go away,”  it is much wiser to contact one of the best sex crimes defense attorneys to defend you. The excellent criminal lawyers at our office have a thorough understanding of criminal law and sexual crimes specifically. When we begin work on your case, we fight to win.
Contact an attorney

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

Image courtesy of Suat Eman at FreeDigitalPhotos.net

Aug 11

Colorado Springs Therapist Arrested for Sex with a Patient

A CO Springs therapist was charged for having a sexual relationship with a client. A Colorado Springs therapist was arrested last year under suspicion of Sexual Assault on a Client by a Psychotherapist – C.R.S. 18-3-405.5. In Adams, Denver, and Jefferson County, it is illegal for a therapist or counselor to have a sexual relationship with a client. This law is outdated and unjust. This is because this crime is a sex offense, which means a person convicted of this crime will be treated the same as a serial rapist. A person who has a mutual, adult, sexual relationship should not be treated so harshly. Let’s look closer at this law to understand what I mean.

Aggravated Sexual Assault for a Mutual Relationship?

The law states a psychotherapist will be charged with aggravated sexual assault if they have a sexual relationship with a client. The client’s consent for the sexual relationship is not considered. In fact, the law even states:

“Consent by the client…shall not constitute a defense to such offense.”

In other words, a healthy client could initiate a sexual relationship, then call the police the next day and report it. The therapist would be held responsible for the act – regardless of the fact there was no victim in the case. How can a person be called a “victim” if they were clear-headed and willing? How can a person be charged with “aggravated sexual assault” for a normal, mutual sexual relationship?

In Colorado, a person can be charged with “Sexual Assault” for a mutual relationship.

Therapist in El Paso County Arrested for Sex with a Client

Unbelievably, this unjust law is in effect and is charged throughout Colorado, in Douglas, Arapahoe, and Larimer County. According to a news report, a woman called the police and told them she had met a therapist during group counseling sessions in Colorado Springs. They went out for drinks, and then slept together. They met again a few days later and again engaged in a sexual relationship (this time with a second woman). A month later, she reported the incident to the police. Let’s consider the fact that she consented to the sexual relationship – not only once, but twice, and with second woman. This wasn’t a rape or undue influence situation – this therapist didn’t attack his client in an alley, follow her home, or violently and physically force himself on her. Yet, he will be treated as if he was a violent criminal in our justice system.

What is the Sentence for Sexual Assault on a Client by a Psychotherapist?

This crime is a class 4 felony. Because it is a sex offense, it is treated harshly in Colorado. It is subject to:

If a person is convicted of this sex crime, they will be sentenced to the Colorado Department of Corrections for 2 years to life. This crime is considered to be as serious as Sexual Assault on a Child, Sexual Assault, and Incest. How can this be? Our justice system degrades true victims of sexual violence when they treat mutual sexual relationships the same as violent sex crimes. A person convicted of Sexual Assault on a Client by a Psychotherapist will also be required to go through sex offender treatment overseen by the Colorado Sex Offender Management Board (SOMB). The SOMB treats all sex offenders the same, regardless of the offense. A person who has a mutual sexual relationship with an adult should not be treated as a person who has a forced sexual relationship with a child. Yet, our courts view them the same. This goes for sex offender registration as well. A person convicted of this crime will be required to register as a sex offender and deal with the negative effects of being a registered sex offender in Colorado Springs.

Are You a Therapist Accused of Sex Assault? You Need a Lawyer

Our criminal justice system isn’t logical. They treat people who have mutual sexual relationships with consenting adults the same as people who force themselves on unwilling victims. This isn’t justice. If you have been accused of sexual assault and you are a therapist, don’t hesitate – contact an experienced sex crimes defense attorney to fight on your behalf. You need an expert in the courtroom who knows what  a judge or District Attorney is looking for. You need someone who knows the laws related to sex offenses well. Here at the O’Malley Law Office, we fight to win.
Contact an attorney

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

Image courtesy of Ambro at FreeDigitalPhotos.net

Aug 08

A Recipe for Entrapment: Enticement Police Stings in Denver

Police stings: A recipe for entrapment in CO.Enticement of a Child is a sex offense in Denver, El Paso, and Adams County. It is most commonly charged after the police run sting operations online in order to catch “child predators.” Police sting operations throughout Colorado are a recipe for entrapment. In some cases, an experienced criminal defense attorney can look at the evidence and prove a person wouldn’t have committed a crime without the involvement of the police. Let’s look at this crime and its defense closer.

How is a Person Charged with Enticement of a Child?

Enticement of a Child is charged when a person:

  • Invites, or persuades, or attempts to invite or persuade,
  • Any child under the age of fifteen years old,
  • To go into a secluded place, such as a vehicle, building, or room,
  • For the purpose of committing Sexual Assault or Unlawful Sexual Contact against the child.

The police work hard to get the elements they need in order to convict someone of this sex crime. They know what to avoid saying or doing in order to escape the legal defense of entrapment. But, their actions are a recipe for entrapment. Only an excellent criminal defense lawyer knows for sure.

Police Stings: Departments Get Grants to “Catch the Bad Guy”

It’s always “in” to catch sexual predators. Yet, we question some of the tactics the police use in order to catch these so-called predators.  Police officers don’t browse teen chat rooms – instead, they enter adult chat rooms and pretend to be children. The general public often views police officers who run sting operations as heroes, but they forget that these officers get promotions, rewards, and career advancements when they catch people in police stings. They get grants in order to run the operations. There is a lot at stake for them to supply results.

Police officers pose as children in adult chatrooms as a part of a sting operation.

Police Stings are a Recipe for Entrapment Defense

Police officers pose as children in adult chat rooms. Once they have engaged someone in conversation, they will try to establish each of the elements of the crime of Enticement of a Child. For example, they will drop a hint that they are under the age of 15 (some of our clients don’t catch this hint, it can be subtle), and then suggest an invitation to meet for a sexual purpose. They walk a fine line, however. If they go too far in their suggestion, the entrapment affirmative defense can be used. Colorado law defines Entrapment in this way:

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…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 or engaged in conduct of the sort induced.

In other words, if it can be proved that you would not have committed the crime of Enticement of a Child without the inducement of the police, the affirmative defense of Entrapment may be used. This can be tricky, however, because the law goes on to state that “merely affording a person an opportunity to commit an offense is not entrapment.” Police officers in Arapahoe, Jefferson, and Douglas County work hard to make it look like they simply gave you the opportunity to commit the crime, instead of inducing you to do so.

Why You Need the Best Lawyer for Enticement Charges

If you have been charged with Enticement of a Child, you need to contact an experienced sex crimes defense attorney immediately. This is because you have a lot at stake. Enticement of a Child is subject to:

  • Indeterminate Sentencing: You could spend an unrestricted amount of time in prison.
  • Sex Offender Registration: You will be required to register as a sex offender.
  • Sex Offender Treatment: You will be required undergo treatment overseen by the SOMB.

Don’t give up hope – fight the charges against you by working with a knowledgeable criminal defense attorney who knows how to utilize the entrapment defense. We have successfully defended hundreds of clients charged with sex crimes in Englewood, Littleton, and Lakewood. You deserve a lawyer wo fights to win.

Contact an attorney for a free consultation

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

Image courtesy of Simon Howden / FreeDigitalPhotos.net

Aug 06

Don’t Talk to the Police in Denver Metro Area: You’ll Regret It

Don't talk to the police - you'll regret it. People grow up thinking the police are heroes who valiantly protect citizens at any cost. While there are brave cops in the world, most of the police officers in Denver, Littleton, and Arvada are focused on gathering evidence for your arrest. This might sound rather harsh of me, but in my 23 years of experience as a criminal defense attorney, I have seen more and more to confirm my theory as the years pass. Let’s take a recent case of mine in Jefferson County to illustrate my point.

Police Call Under False Pretenses

In a recent case, a man (who would later become my client) received a phone call from a Golden police officer, telling him he had been charged with Attempted Unlawful Sexual Contact. As a criminal defense attorney, I know the purpose of this call is simply to inform the defendant they have been charged, and that they need to go to the police department to sign a ticket. If they refuse to sign the citation, a warrant for their arrest will be issued. But, the police officer didn’t say what she needed to say in order to get off the phone. Instead, she told my client she “wanted to take a few moments to talk with him to get his side of the story.” My client was under the belief that he could talk himself out of the charge, so he called this police officer back a few more times. At the end of the final conversation, my client had explained his side of the story. He asked the police officer if he still was charged with a crime. She replied, and told him that nothing he said to her would help him in any way – in fact, she was recording all of the calls. She said she just wanted to give him a chance to explain himself. In other words, she wanted to gather more evidence against him to use in court.

Police officers only want to gather evidence to use against you in court. They aren’t trying to help.

Never Talk to the Police: It Will Never Help You

If my client had contacted me sooner, I would have advised him not to speak at all with police officers. This is because I know they are trained to gather evidence in Adams, Denver, and Douglas County. They know what to say to get people to trust them. They say things like:

  • “You didn’t do anything on purpose, did you?”
  • “I can tell you’re not the kind of person who would do this.”
  • “This isn’t that big of a deal.”
  • “I know this was an accident.”

Unfortunately, they catch people off guard in their weakest moment. A police officer will listen closely to a person’s words as well as the inflection of their voice: If you issue too strong of a denial, they will put it in their report. If you don’t deny the allegations strongly enough, they will put it in their report. In other words – you simply can’t win when talking with the police in El Paso, Boulder, or Yuma County.

Why You Need an Experienced Criminal Defense Attorney

Most of my clients are scared. Most of them don’t know what’s happening to them. This makes sense – for most of them, this is the first time they’ve been in any legal trouble. The problem is, sex crimes have serious consequences. You don’t want to blunder your way through the case, because your future is at stake. Because of this, you need to contact an experienced criminal defense lawyer immediately if you have been contacted by the police. Simply tell the officer you wish to speak with your lawyer before speaking with them further. Then, contact one of the experienced lawyers at our office for a free consultation. You’ll leave with more information about your situation and will have a solid game plan.

Contact an attorney for a free consultation

If you or a loved one has been contacted by the Englewood, Centennial, or Highlands Ranch law enforcement, never talk to the police – instead, 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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Aug 04

Peeping Tom: Invasion of Privacy Charges in Denver

What would a peeping Tom be charged with in CO?As I was reading the news this morning, I came across the term: “Peeping Tom.” I realized this phrase is commonly used in our society. But, most people don’t understand the crime a Peeping Tom would be charged with in Adams, Douglas, and Denver County. In a more formal sense, this crime is Invasion of Privacy for Sexual Gratification – C.R.S. 18-3-405.6. Let’s look closer at this sex offense in order to better understand what a person charged can expect.

What Crime Would Peeping Toms be Charged With?

A person suspected of being a Peeping Tom would be charged with the crime of Invasion of Privacy for Sexual Gratification. This crime is charged when a person:

“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 a reasonable expectation of privacy, for the purpose of the observer’s own sexual gratification.”

In other words, if a person looks at or takes pictures of another person’s intimate parts for the purpose of sexual arousal, without that person’s permission, they will be charged with this sex offense in El Paso, Arapahoe, and Chaffee County.

Invasion of Privacy for Sexual Gratification: A Sex Offense in Littleton and CO

Invasion of Privacy for Sexual Gratification is a sex crime in Colorado. It is also considered to be an extraordinary risk crime.

- Extraordinary Risk Crime

In most situations, a person charged with Invasion of Privacy for Sexual Gratification will face a class 1 misdemeanor. The extraordinary risk label means they could spend up to 2 years in a county jail. If the alleged victim in the case is under the age of fifteen or if the accused has a prior conviction of for any unlawful sexual behavior, they will be charged with a class 6 felony, and their charge is considered to be an extraordinary risk crime. They could face up to 2 years in the Colorado Department of Corrections.

- Sex Offense

Invasion of Privacy for Sexual Gratification is a sex offense in Colorado. This means that a Peeping Tom conviction of this crime will be required to register as a sex offender and undergo sex offender treatment. Sex offender treatment is overseen by the Colorado Sex Offender Management Board (SOMB), which is harsh and one-size-fits all.

Invasion of Privacy for Sexual Gratification and Domestic Violence

Invasion of Privacy for Sexual Gratification is often charged with the sentence-enhancer of Domestic Violence (DV). The DV label is added whenever a crime is committed between two people who are in, or have been in, an “intimate relationship.” We have seen cases where two people have a sexual relationship and one of them goes too far – taking photos without the other person’s permission. Finally, Invasion of Privacy for Sexual Gratification is also charged with Trespass or Burglary in many cases. This is because a stranger sometimes sneaks onto another person’s property with the intent to observe them or take photos.

Why You Need a Lawyer for Peeping Tom Charges

If you have been charged with Invasion of Privacy for Sexual Gratification, don’t hesitate to contact an experienced sex crimes defense attorney to defend you in court. Even a misdemeanor conviction will have a negative impact on your life – especially because this crime is a sex offense. Sex offender treatment and registration is invasive. Don’t plead guilty to avoid jail time – fight back and contact an experienced criminal defense lawyer to represent you in court. We fight to win.

Contact an attorney for a free consultation

If you or a loved one has been charged with Invasion of Privacy for Sexual Gratification in Centennial, Aurora, Greenwood Village, or anywhere in the Denver area, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office for a free consultation at 303-830-0880. Together, we can protect your future.

 Image courtesy of Vlado / FreeDigitalPhotos.net

Aug 01

Police Want to Take Explicit Photos in Sexting Case

The police want to take explicit photos of a teen. Our justice system is going to disgusting lengths to catch “sex offenders” in our nation. In a recent case in Virginia, the police were prepared to issue a search warrant allowing them to produce and view child pornography. This is a crime – in Colorado, a person would be charged with Sexual Exploitation of a Child – C.R.S.18-6-403, which results in sex offender registration and treatment in Denver, Jefferson, and Adams County. Don’t believe me? As an experienced criminal defense attorney, I’ve seen just how far the government will go to appear “tough” on sex offenders. Let’s look closer at this case to illustrate my point.

Sexting is Normal Behavior: Why Is it Being Harshly Prosecuted?

According to the report, the case began when a 15-year-old girl sent photos of herself to her 17-year-old boyfriend. In return, the boy sent a sexual video back. The girl’s mother saw the video, and called the police. The young man was arrested, and is now facing criminal charges. If convicted on the sexting case, the boy could be incarcerated and added to the sex offender registry for the rest of his life. Sexting is normal behavior, especially for young teens. If convicted, the boy’s life will be forever changed – he will face many negative consequences. The boy’s criminal defense attorney sums up perfectly how we feel:

The prosecutor’s job is to seek justice. What is just about this? This is a 17-year-old who goes to school every day, plays football, has never been in trouble with the law before. Now he’s saddled with two felonies and the implication that he’s a sexual predator.

This young man isn’t a sexual predator. His girlfriend sent him pictures before he sent the video. But, she hasn’t been charged! We shouldn’t criminalize normal behavior which is the result of our sex-crazed culture. This young man’s life will be forever impacted because the court wants to appear like they’re protecting society. This isn’t justice.

The police want to exploit a teen to charge him with a crime.

Police Want to Create Child Porn to Fight Child Porn?

Here’s the real kicker in this case – the police have already taken photographs of this boys genitals against his will. And, apparently even this wasn’t enough: Next they wanted to take him to a hospital to inject him with a drug which would cause an erection, so they could get pictures. Then, they would “use special software to compare” the new pictures with the video the young man sent his girlfriend. I’m not making this up. The police want to create child porn to fight child porn. The purpose of laws against sexually explicit media involving children is to protect children. In this case, they want to exploit a 17-year-old. We agree with his defense attorney: Getting an erection in front of cops and taking photos – “that’s traumatizing.”

Taking Explicit Photos of Children: How Far the Police Will Go to Get Evidence

The police were willing to essentially commit a crime in order to solve another “crime.” The court appointed guardian says it well:

They’re using a statute that was designed to protect children from being exploited in a sexually explicit manner. The irony is incredible. As a parent myself, I was floored. It’s child abuse. We’re wasting thousands of dollars and resources and man hours on a sexting case. That’s what we’re doing.

This is how law enforcement, District Attorneys, and judges are operating across the U.S. If you or your child has been charged with a sex crime in Arapahoe, Elbert, or Douglas County, don’t hesitate to contact an experienced criminal defense attorney. We have a complete understanding of criminal law, sexual crimes, and we know how far the police and DA will go to get a conviction. Don’t stand alone in court. We will be with you every step of the way, and will fight hard to protect your future.

Contact an attorney for a free consultation

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

Image courtesy of happykanppy / FreeDigitalPhotos.net

Jul 30

Domestic Violence and Sex Crimes: A Close Connection in CO

Learn how Domestic Violence and sex crimes are connected.Domestic Violence and sex crimes are closely connected in Colorado. In this blog, I’ll discuss how they’re connected, and why you need an experienced criminal defense attorney to fight on your behalf if you have been charged with a Domestic Violence sex crime in Denver, Adams, or Douglas County.

Domestic Violence and Sex Crimes: Coercion, Control, and Revenge

In order to completely understand how Domestic Violence and sex crimes are connected, you need to know that Domestic Violence (DV) – C.R.S. 18-6-800.3, is not a crime in and of itself in Jefferson, El Paso, and Arapahoe County. Rather, it is a sentence-enhancer which is attached to a crime when “an act or threatened act of violence” occurred between two people who are in (or have been in) an “intimate relationship.” It is also added when a crime included “coercion, control, punishment, intimidation, or revenge.” As you can see, these terms are broad. District Attorneys in Colorado overcharge DV because it can easily be attached to any crime. Unlawful Sexual Contact Domestic Violence could be charged if a man drinks too much and touches a former girlfriend without her permission one night at a bar. The DA could say the man touched her in order “control” her and try to win her back. There are many scenarios throughout Colorado, in Denver, Littleton and Aurora, where people are charged with Domestic Violence and sex crimes.

Both sex crimes and Domestic Violence require treatment upon conviction.

Domestic Violence and Sex Crimes: Both Require Treatment

Domestic Violence and sex crimes are closely connected, because they both require treatment upon conviction. Domestic Violence treatment is overseen by the Domestic Violence Offender Management Board (DVOMB), while sex offender treatment is overseen by the Sex Offender Management Board (SOMB). Both are “one size fits all” treatment plans. A man who threw his ex-girlfriend’s keys across the street will be in the same program as a man who physically harms his wife. Sex offender treatment is the same way: A defendant will receive the same treatment for a second conviction of Public Indecency as the man who was convicted of Incest.

Domestic Violence and Sex Crimes: Why You Need a Lawyer

Because both Domestic Violence and sex crimes require treatment and are easily charged, it is important to work with an experienced criminal defense attorney if you have been charged. The consequences of a conviction can be life-changing – you could be facing a permanent protection order, and DV and sex offender treatment. There is hope if you have been charged with a DV sex crime, however. The criminal defense attorneys at our office have over 25 years of experience fighting for the rights of our clients in the Denver metro area. We have cases dismissed or greatly reduced in severity on a regular basis. So, don’t lose heart – contact us for a free consultation to discuss the details of your case.

Contact an attorney for a free consultation

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

Image courtesy of photostock / FreeDigitalPhotos.net

Jul 28

A Misunderstanding is a Sex Offense? Ridiculous CO Sex Offender Laws

A misunderstanding is a sex offense? I came across an article the other day that confirmed my experience with sex offender registration laws in Adams, Jefferson, and Denver County. Colorado’s laws make it impossible for sex offenders to reintegrate back into society. Often, people have picked up the pieces after a sex offense conviction, have married and settled into a normal life, only to make a simple mistake and be charged with Failure to Register. In many cases, a misunderstanding about the laws related to registering leads to further charges. Let’s look closer at the story told in the article in order to better understand how unjust sex offender laws are.

Meet Joshua: A Family Man and Registered Sex Offender

Meet Joshua – he is a registered sex offender in Texas. He’s a soft-spoken, articulate man with a wife and children. Joshua’s story is similar to many I hear on a daily basis here in Colorado. He was 12 when he had sexual contact with his little sister – nothing much, just exploratory touching. His mother found out and called a counselor, who reported him. Unbeknownst to his parents, Joshua was simply reacting to a secret he carried: He had been repeatedly raped by three high school kids. Joshua was convicted of Aggravated Sexual Assault (in Colorado, this would be Sexual Assault on a Child), and spent the next four years of his live in a juvenile prison. When he was 16, Joshua got out of prison and registered as a sex offender. His life would never be the same. He had a difficult time making friends or keeping a job; every time he would settle in, people would find out he was a registered sex offender and things would get tough. Finally, however, he met and married his wife and life slowed down.

I’ve been a criminal defense attorney for over 25 years and I have to be diligence to understand the complex registration laws. 

A Misunderstanding of the Law Leads to Sex Offense Charges

At the time the article was written, Joshua needed to register at the local police department (Texas law requires a person to give notice of a new address within 7 days of moving). In the middle of giving the officer his information, Joshua was approached by another officer, who stated he was going to arrest him. Apparently, Joshua had failed to alert authorities about his new address. He explained he was in the process of doing so, but the officer refused to listen and stated that the law required sex offenders to register 7 days before the move as well as after. What happens to Joshua now? Well, if he lived in Colorado, he would be charged with Failure to Register as a Sex Offender. He would be treated as if he had sexually assaulted a child that day and be charged with a felony. He could face more prison time and be required to register for a longer period of time. All of this for a simple misunderstanding of the complex and confusing laws related to sex offender registration.

Why You Need an Experienced Sex Crimes Defense Attorney in Denver

As an experienced sex crimes lawyer, I meet people like Joshua every day in Arapahoe, Douglas, and El Paso County. People who have worked hard and overcome mistakes in the past, only to be treated like criminals when simple mistakes or misunderstandings are made. I have a thorough knowledge of criminal law – I’ve been a criminal defense attorney for almost 25 years. Even I have to be diligent to follow the complex laws related to registration. It’s as if our justice system is setting people up to fail. If you have been charged with Failure to Register as a Sex Offender, don’t hesitate to contact an experienced criminal defense attorney who understands your rights and will fight for your future in court. Don’t give up hope. Contact us for a free consultation today, because we fight to win.

Contact an attorney for a free consultation

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

Image courtesy of Stuart Miles / FreeDigitalPhotos.net

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