An Aurora woman was sexually assaulted while in government custody, by another inmate at a detox facility in Aurora, Colorado. According to the woman and her Denver based criminal lawyer, the Aurora City Attorney is filing charges in an effort to obtain a conviction so the city of Aurora will not be as susceptible to a civil lawsuit. The woman believes she is innocent of these charges and that the government is overcharging her specifically so they can use the conviction against her in any later civil suit. KDVR.com. If this woman were to file a lawsuit against the city of Aurora, Colorado for allowing her to be a victim of sexual assault while in their care, her attorney believes that she would have a great case.
When a person under the care of the government is mistreated, abused, injured, or the victim of sexual assault, they might have a possible lawsuit against the government for that wrongful care. This type of case is handled in a civil suit. A person's success against the government may be affected if they were in some way guilty of a crime. However, when a person is charged when they are innocent or only guilty of less serious crimes, it is called over-charging in Aurora (and Arapahoe County).
Over-charging defendants is not uncommon. As criminal lawyers in Arapahoe County, Adams County, Jefferson County, Denver, and almost all other Colorado counties, we are hired to keep the district attorneys from over charging you. A criminal defense lawyer will make sure that the district attorneys are not ‘cheating' the system or overstepping their authority given to them by the people. There are many motives in overcharging by the government. Generally, people are overcharged to give the government something to plea bargain down from. If they charge you only what you are guilty of, they don't have as great of latitude to plead down from. Plea bargains are very common in criminal cases.
When you are a defendant in a criminal case, you are concerned about your family's health and welfare, your financial situation in the future, or how this charge may complicate your life. The last thing that you need to be concerned with is whether you know the law well enough to keep the district attorneys and the government's power under control. That's where we step in. We protect you from overreaching government lawyers and fight to keep them accountable.
At the O'Malley Law Office, P.C., we are here to look out and defend your personal interests in Arapahoe County. We fight for you and your family in Denver, Parker, Castle Rock, Arvada, and all other Colorado cities. If you have been contacted by the police about possible charges against you, be smart, exercise your right to remain silent, and call us at 303-830-0880. Together, we can protect your future.