People do things they wish they didn't when they are drunk. For example, a Colorado man was arrested for Indecent Exposure earlier this year after the police found him passed out in his vehicle, exposing himself. Unfortunately, the law doesn't take into account a person's level of sobriety when t...
Colorado Sex Crime Attorney Blog
Child Sex Assault Prosecutors Blind to Evidence in Denver
Recently, one of our attorneys came across an article written by a form prosecutor for child sex assault cases. Now, the man is an author who writes about sex abuse in the church. The former prosecutor referenced a case where a high school student was convicted of molesting a 4-year-old boy. H...
Absurd Laws in Colorado: Is Incest One of Them?
There are many absurd laws in Colorado. For example, did you know that in the City of Boulder, it is illegal to roll rocks on public property? The law states: “No person shall roll, throw, or otherwise move any rocks or boulders on any public property.” Obviously, the rolling of boulders is a...
Arapahoe County Man Faces Internet Sexual Exploitation of a Child Charges
Earlier this year, I came across a story about an Arapahoe County man who faced Internet Sexual Exploitation of a Child charges after a police sting. This didn't surprise me; police sting operations are increasingly common throughout Colorado as police departments seek federal grants to supplemen...
SOMB Sex Offender Evaluation for Denver and Colorado Sex Crimes
If you have been convicted of a sexual offense in Denver, Arapahoe, or Jefferson County, you will be required to complete a Sex Offender Management Board sex offender evaluation and sex offender treatment. The SOMB sex offense evaluation is harsh, and the therapists and counselors who complete th...
“Sons of Guns” Star Accused of Sexual Assault on a Child
Reality star Will Hayden, from the show “Sons of Guns,” has been accused of Sexual Assault on a Child. According to news reports, the ex-girlfriend of the star has alleged that he abused one of their daughters. Whenever we see a story like this in the news, we pause before we pass judgment. This ...
Charged with a Sex Offense for Mentoring: It Could Happen to You
It's a much more dangerous world we live in today than sixty years ago. In the past, you could mentor nieces, nephews, siblings, and grandkids without fear of going to prison. This isn't true anymore. Now, you could be charged with the serious sex offense of Internet Luring of a Child in Denver, ...
Peer to Peer File Sharing via the Internet in Denver
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 t...
Mandatory Reporting of Abuse: Is Clergy Included in Denver?
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 s...
“ Sex on the Beach ”: Not the Drink – It’s a Sex Offense in Denver
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...
Colorado Springs Therapist Arrested for Sex with a Patient
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 unju...
A Recipe for Entrapment: Enticement Police Stings in Denver
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 crim...
Don’t Talk to the Police in Denver Metro Area: 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 y...
Peeping Tom: Invasion of Privacy Charges in Denver
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 Invasi...
Police Want to Take Explicit Photos in Sexting Case
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 E...
Domestic Violence and Sex Crimes: A Close Connection in CO
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 Count...
A Misunderstanding is a Sex Offense? Ridiculous CO Sex Offender Laws
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 con...
Recent Success at Jury Trial in Jefferson County for Unlawful Sexual Contact
Last week, by the grace of God, we won at trial in Jefferson County for a client charged with Attempted Unlawful Sexual Contact. The two-day Golden, CO trial for a misdemeanor offense was unusual. I'm not going to go into the details of the case, but three things were apparent to me: (1) D...
Police Dogs Sniffing for Sexually Explicit Material: Unjust Tactics
I came across an article the other day which perfectly illustrates how far people will go to appear “tough on crime.” The article spoke about how the police are now using dogs to sniff for devices containing child porn. Let's stop and think about that for a minute. How in the world can dogs sn...
Successful Sex Offender Deregistration Granted in Denver
If you are currently registering as a sex offender in Denver, Arapahoe, or Jefferson County, have hope. It is possible to petition the court to stop registering as a sex offender. In fact, just last week, we filed a petition for a client and the court granted our petition. Our client was able ...
False Rape Allegations for Attention? What to Do if You’ve Been Accused
Whenever people hear that a man has been accused of rape, it isn't popular to assume they are innocent. After all, who wants to side with the “bad guy”? Stop and think about this for one moment: Our criminal justice system is based on believing a person is “innocent until proven guilty.” In fa...
First Revenge Porn Case after New Law in Denver
Last year, we wrote about a new law called the “revenge porn” law being considered in Colorado. This year, a man has been charged with this new crime, which went into effect at the end of May in Denver, Adams, and Jefferson County and across Colorado. Let's take a look at this crime and the ne...
O’Malley Law Office on the Radio: Sex Crimes Discussed
This past month, I was a guest speaker on KRKS 94.7. We spoke with Gino Geraci on his show, Crosswalk. We discussed many different aspects of criminal defense, such as why we practice criminal law exclusively, how good people are often charged with crimes, and how sex offense charges often stem f...
Victimless Crime: Internet Luring of a Child in Denver
Internet Luring of a Child – C.R.S. 18-3-306, is often called a victimless crime. It is charged in Jefferson, Arapahoe, and Denver County whenever a person communicates with a child they believe to be under 15 years old, and in the course of communication, describe “explicit sexual conduct.” ...
Toddler Ticketed for Public Urination: Justice is Off Balance
I recently came across an article in the news that caused me to stop and think about how ridiculous and paranoid our justice system is when it comes to crimes that make us uncomfortable. According to the article, a 3-year-old boy got in trouble with the law for public urination. You read that ...