A Denver police officer was just convicted by a Denver jury of Kidnapping, C.R.S. 18-3-301 and Sexual Assault, C.R.S. 18-3-402, both felonies. The allegations came from a woman arrestee, who said the officer arrested her and took her to a secluded location for the assault. The Denver Police Officer argued he took her there to try and obtain informant information and that no sexual activity took place. Apparently, the jury did not accept his version of what happened.
We defend Sexual Assault and Kidnapping charges in Arapahoe, Douglas, Jefferson and Adams County, among others. These charges are very unusual to have filed against a police officer. We find that inferences generally favor police officers and prosecutors are reluctant to charge them. Only when there is strong evidence of guilt will prosecutors charge a police officer. This is not the case with normal citizens. Why the difference in treatment?
District Attorneys will either not receive charges from police against fellow officers, or they will decide not to prosecute them. The bar is so high to charge a police office because District Attorneys are on the same team as the police and want to show support for them. Police supply 99 percent of the cases DAs work on. In other words, they are friendly with them because they work together and are friends. A DA without police is like a doctor without nurses. There is a symbiotic relationship where they feed off each other. It is not a good idea to cut off your food supply. Yet when evidence of guilt is too clear to ignore, we have cases like that of this former police officer.
Sexual Assault charges in Weld, Larimer and Summit County can result in a lifetime of prison, particularly in Colorado where Indeterminate Sentencing is law. Most felony sexual offenses have indeterminate sentence as a possibility. This law provides that a defendant is sent to prison (Department of Corrections or DOC), where he is given a minimum sentence but no upper limit. It is up to the Parole Board to release the defendant after he has served his minimum sentence and progressed in sex offender treatment. Most people convicted of sexual assault serve many more years than just the minimum.
If you have been charged with Sexual Assault or Kidnapping, be smart, exercise your right to remain silent (don't speak to police), and call the experienced criminal defense attorneys at the O'Malley Law Office, P.C., at 303-830-0880. Together, we can protect your future.
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