Colorado Criminal Defense Law Blog

The Justice Review Project, newly created by the Colorado Attorney General's Office, exonerated a Colorado man convicted and sentenced to life in 1996 for a Sexual Assault and Murder he did not commit. As the public has been made aware of the inaccuracies of DNA testing in its infancy, prosecutors all over the country have begun re-testing DNA used in older cases. The wrongfully accused man was living in the town of Palisade (Mesa County), near the victim at the time. The man now accused of committing the crime is already serving a life sentence for the rape and murder of a Fort Collins woman.

While the Attorney General, along with the District Attorneys in Denver, Arapahoe, Adams, and Jefferson County, seem incredibly pleased with themselves for helping to bring about "justice", most Colorado criminal defense attorneys would agree that these efforts are too little, too late. For years we have been pushing for the re-testing of DNA evidence, and prosecutors have fought it, going so far as appealing to the U.S. Supreme Court who ruled that having DNA tested after a conviction is not a Constitutional right. Even this man had appealed and asked for DNA to be retested and was denied.

I was asked today what I thought motivated prosecutors, and the first thing that popped into my mind was "Cover Your Butt". Everybody answers to somebody. Deputy District Attorneys in Weld, Larimer, and Douglas County answer to the chief of their division who answers to the District Attorney who answers to the people who elected him of her. DDAs are pressured to maintain a high conviction record, and while a lot of them are quite fair as individuals, none of them want to appear "soft" on crime to their colleagues

In this case, the evidence against him was circumstantial and the DNA evidence against him was not conclusive at the time of his conviction. It makes me wonder if the prosecutor looked at the evidence, knew he might have the wrong guy, and plowed ahead towards a conviction anyway because he didn't want to look bad in front of his colleagues or boss.

If you have been wrongfully accused of a crime in any Colorado County, do not let prosecutors bully you into a conviction. At the O'Malley Law Office, we will question every piece of evidence they claim to have against you. Be smart, exercise your right to remain silent, and call us at 303-731-0719. Together we can protect your future.

An elderly author, psychotherapist and former Ivy League professor in Carbondale, Colorado, has been accused of Sexual Assault on Child by One in a Position of Trust (C.R.S. 18-3-405.3) and Incest (C.R.S. 18-6-301) by authorities in Chaffee County Colorado. Chaffee County is in the same judicial district as Park County, Fremont County and Custer County, where Sex Assault on a Child is either a class 3 or class 4 felony, depending on the age of the child and other aggravating factors, such as the issue of being in a position of trust or number of incidents. Incest is a class 4 felony.

The 81 year-old man accused in this case is currently in the Eagle County Jail on a $100,000 bond, while the police have continued their investigation by removing multiple computers and other electronics from his home. It is unclear at this time as to whether computer related sex crimes charges, such as Internet Sexual Exploitation of a Child (C.R.S. 18-3-405.4), will be added to the charges he is already facing. However, it is clear that he will remain in custody for the remainder of his case unless he can post bond, which gives the government plenty of time to find evidence against him. How's that for the presumption of innocence?

Being accused and/or convicted of a Sex Offense like Sexual Assault on a Child or Incest in Adams, Jefferson, or Douglas County can really impact your life. A Colorado conviction for a Sex Offense means years (and sometimes a lifetime) of having to register as Sex Offender and comply with the incredibly strict regulation of the Sex Offender Management Board (SOMB). For example, if the gentleman in this case were convicted of Sex Assault on a Child by One in a Position of Trust as a class 3 felony, he would have to Register as a Colorado Sex Offender for 20 years (C.R.S. 16-22-101).

Even if the accusations against you are unfounded, the mere suggestion that you are a Sex Offender can destroy your professional life, your relationships and your reputation. Do not face Sexual Assault, Incest, or Internet Sexual Exploitation charges without an experienced criminal defense attorney. At the O'Malley Law Office, our attorneys have years of experience defending those charged with a sex offense in any Colorado or Denver metro area county. If you have questions, be smart, exercise your right to remain silent, and call us today at 303-731-0719. Together, we can protect your future.

A Colorado state lab will be retesting 1,700 DUI / DWAI (C.R.S. 42-4-1301) blood samples because a lab analyst botched the testing of samples between October 2011 and March 2012. These samples are relied upon by prosecutors in Adams, Weld, and Arapahoe County in determining the Blood Alcohol Content (B.A.C.) of those accused of Driving Under the Influence of Alcohol.

In Denver, Jefferson, and Douglas County, Blood Alcohol Content is used to determine whether a person can be charged with DUI (42-4-1301 (1) (a)), DUI (C.R.S. 42-4-1301 (1) (b)), or DUI Per Se (C.R.S. 42-4-1301 (2) (a)) and the penalties they face for each. For example, if a person has a .08 B.A.C. at the time of driving, or within 2 hours after driving, they can be charged with DUI Per Se (also known as Driving with Excessive Alcohol Content) in addition to DUI.

In this case, the analyst's errors were discovered after a deputy district attorney reported that a private lab used by a Colorado defense attorney had gotten a lower B.A.C. result than the state's. Colorado and its state labs are used to test samples for the entire Colorado State Patrol and Colorado county sheriffs' offices, although the Denver Police Department conducts its own tests.

"Scientific" evidence, such as blood and breath tests in DUI cases or DNA in Murder or Sex Assault cases, is extremely persuasive to police and prosecutors in deciding whether to file charges in a case and to juries in their decision to convict. When inaccurate, nothing can be as prejudicial as erroneous test results and nothing can lead to a greater miscarriage of justice than their misuse.

The way that Colorado government labs test for Blood Alcohol Content leaves much room for user error, like the errors made by this lab's analyst. So far, of the samples that have been retested, 10 out of 250 have shown inaccurate results. An experienced Colorado defense attorney knows the possible pitfalls of blood testing, and can use these pitfalls to produce reasonable doubt in the mind of a jury to get you acquitted when facing DUI accusations.

If you have been charged with a DUI / DWAI in any Colorado county, do not hesitate to call the O'Malley Law Office. The government will use any evidence they have to convict you--even inaccurate evidence. As your attorney, we can help hold the government and their testing practices accountable. Be smart, exercise your right to remain silent, and call us immediately at 303-731-0719. Together, we can protect your future.

A Greeley, Colorado woman is wanted on Felony Menacing (C.R.S. 18-3-206), Reckless Endangerment (C.R.S. 18-3-208), and Illegal Discharge of a Firearm (C.R.S. 18-12-107.5) charges by Longmont police after firing a gun in a local bar. The woman, now believed somewhere in Greeley, is accused of firing a gun at bar customers during a fight with her boyfriend.

In Denver, Adams, and Jefferson County, Menacing is a class 3 misdemeanor, unless committed by the use of a deadly weapons or by a person who represents that they are armed with a deadly weapon, in which case it is a class 5 felony (as is Illegal Discharge of a Firearm).

Reckless Endangerment is a class 3 misdemeanor, and it requires prosecutors to prove that a person recklessly engages in conduct which creates a substantial risk of serious bodily injury to another person. Reckless endangerment is often a "catch-all" charge that police in Colorado throw in for good measure when there is a weapon involved.

Although it is unclear whether these crimes will be charged as acts of domestic violence (C.R.S. 18-6-800.3), it is certainly possible since they occurred while the woman and her boyfriend were in an argument at the time she allegedly discharged her gun. Domestic violence in Colorado is not a separate charge, but rather a sentencing enhancer to crimes such as these. In order to charge a crime as an act of domestic violence, law enforcement in Boulder, Weld County, or Fort Collins must believe there is an "intimate relationship" between the accused and the alleged victim. Therefore, this woman could face domestic violence charges, even though her boyfriend was not injured in the least.

If the argument or fight you were involved in resulted in criminal charges, talk to an experienced lawyer as soon as possible. If you have been accused of Menacing or Reckless Endangerment in Douglas, Lakewood, or Denver County, do not wait to get an experienced criminal defense attorney at your side. At the O'Malley Law Office, we will argue to get the charges against you dismissed or to greatly reduce the criminal penalties you face. So be smart, exercise your right to remain silent, and call us at 303-731-0719. Together, we can protect your future.