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Beware of the Colorado Pretext Call in Sexual Assault Cases

Did you know that police in Adams, Arapahoe and Douglas County have a machine where they can input a phone number they want to show up on the caller ID of a phone (including cell phone) they call? This allows them to have an alleged victim of a Sexual Assault offense call their accused and make it look like they are calling from their home or cell. In reality, they are calling from the police department. The call is recorded and police coach the accuser during the call.

Police in Weld, Jefferson and Denver County use this technique to obtain incriminating statements from the accused. Their hope is that the accused will make some admissions or incriminating statement over the phone, with their guard down. I have seen police have their "victim" ask a man "why did you do that to me" or "do you remember that special time we had together"? Often, the man accused of Sexual Assault on a Child, C.R.S. 18-3-405, or Aggravated Incest, C.R.S. 18-6-302, will say "yes". Even a failure to strongly denounce the accusation is enough to sway a jury when the recorded phone call is played back during trial.

This powerful tool, known as the Pretext Call, often catches men and women with their guard down. Most everyone knows that if the police call, they should exercise their 5th Amendment right to remain silent. But what if a child or woman is calling innocently from their home or cell? The best thing to do is to disagree strongly with any hint of wrongdoing and hang up. This will shut down the accuser right away and cause the police to reevaluate whether they want to prosecute the allegations of sexual misconduct against you

Sexual Assault and Incest allegations in Larimer, Moffat and Routt County are deadly serious where just a little admission or failure to deny may tip the scales of who to believe. Juries are already predisposed to believe a child making these accusations. Many are convinced in advance of trial that a child would never make up such an allegation. You must always remember that allegations of this nature are deadly serious and that DAs and Police will bend the rules of decency to obtain a conviction. Lying to the accused and having a "victim" pretend to be at home are second nature. They see no moral conflict since they are seeking a greater good: putting sex offenders behind bars.

If contacted by a child or alleged victim wanting to discuss allegations of sexual misconduct, issue a short and strong denial, hang up, and call the experienced criminal defense lawyers at the O'Malley Law Office, at 303-731-0719. Together, we can protect your future.

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Case Results:

  • Sexual Assault and Rape charges related to divorce. Acquittal from jury trial. Weld County, Greeley, Colorado.
  • Sexual Assault on a Child, Possession of Child Pornography. Acquittal from jury trial. Jefferson County, Golden, Colorado.
  • Arson of Nursing Home. Dismissed by Court on Defendant's Motion to Dismiss. Jefferson County, Golden, Colorado.
  • Felony Drug Distribution. Acquittal from jury trial. Boulder County, Boulder, Colorado.
  • Rape and Sexual Assault charges involving divorce and child custody. Acquittal from jury trial. Douglas County, Castle Rock, Colorado.
  • Burglary and Felony Theft. Dismissed by District Attorney. Arapahoe County, Englewood, Colorado.
  • Theft of Drugs by Nurse. Dismissed by District Attorney. Jefferson County, Golden, Colorado.
  • Sexual Assault on a Child, Position of Trust. Acquittal from Jury Trial. Adams County, Brighton, Colorado.
  • Domestic Violence. Dismissed by District Attorney. Douglas County, Castle Rock, Colorado.
  • Violation of Restraining Order. Dismissed by District Attorney. Douglas County, Castle Rock.

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