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April 2012 Archives

At Risk Adults, At Risk Juveniles, C.R.S. 18-6.5-103

By Terry O’Malley of O'Malley Law Office, P.C. posted in Juvenile on Thursday, April 26, 2012.

Devner Criminal Defense Attorney: Crimes Against At-Risk Adults or Juveniles

Colorado crimes against at-risk adults and at-risk juveniles under C.R.S. 18-6.5-103, is a special classification of crimes involving older; and younger, disabled, victims. If an adult is over sixty years of age, that adult is an at-risk adult for crimes in Denver, Jefferson, Arapahoe, Adams and Douglas County. If a juvenile is under eighteen years AND is disabled, they are an at-risk juvenile. Disability generally involves a juvenile who is: unable to walk, see, hear, speak, missing a hand or foot, developmentally disabled, or mentally ill.

The Standard or Burden of Proof in Colorado Criminal Charges

By Terry O’Malley of O'Malley Law Office, P.C. posted in Courts on Monday, April 23, 2012.

Denver Defense Attorney and the Burden of Proof

The Standard or Burden of Proof in courts for criminal charges like Assault, Battery, Theft or Sexual Assault on a Child in Denver, Arapahoe, Larimer, or Douglas County in Colorado, is Beyond a Reasonable Doubt. Standard of proof refers to the degree, or amount of proof, which must be presented by the government to support a conviction. In criminal trials, jurors are instructed to use a standard known as "beyond a reasonable doubt", to determine guilt. However, judges will use different standards during preliminary or motions hearings to make other kinds of decisions related to the case.

Right to Remain Silent - Use It

By Terry O’Malley of O'Malley Law Office, P.C. posted in Right to Remain Silent on Tuesday, April 17, 2012.

Denver Miranda Rights and Criminal Defense Attorney

Remain silent! The use of this right to remain silent (5th Amendment) is one of the many lessons Cindy Sanchez is preaching to people charged with Sexual Assault on a Child in Douglas County, Colorado. In a recent front page article in the Denver Post (April 16, 2012), is a description of the nightmare the Sanchez family has been going through in Douglas County since July 2009. After almost three years trapped in the legal system, and spending $200,000 fighting legal battles, all charges against Tyler Sanchez have been dropped. Tyler Sanchez did not have the mental capacity to make a confession to the alleged crime of sexual assault on a child, but because he was willing to talk to police, sometime during their interrogation, he confessed to a crime he did not commit.

Domestic Violence - Colorado Treatment and Sentencing

By Terry O’Malley of O'Malley Law Office, P.C. posted in Domestic Violence on Tuesday, April 17, 2012.

Denver Domestic Violence Defense Attorney 

Domestic Violence Sentencing and Treatment in Colorado should not be "one size fits all". In Denver, Jefferson or Arapahoe County, whether you commit domestic violence by beating your wife with a bat, or by leaving a mean message on your husband's voice mail, the government says you both are guilty of Domestic Violence, and should be sentenced to the same treatment program. C.R.S. 18-6-800.3 and 18-6-801. No "violence" is necessary.

Pueblo Sanity Evaluation Wait-Times are Insane

By Terry O’Malley of O'Malley Law Office, P.C. posted in Insanity on Thursday, April 12, 2012.

Denver Insanity Attorney 

The Colorado insanity statutes, found in C.R.S. 16-8-101 through 122, do not specify the amount of time the Colorado Department of Human Services (CDHS) has to complete court ordered mental health evaluations. As a result, persons charged in Larimer, Jefferson, Weld and Adams County with crimes like Sexual Assault and Exploitation of a Child have had to wait extensively for an evaluation. Soon, the terms of a recently settled law suit will provide CDHS with the needed incentive to speed up the process.

Mental Condition Evidence without Insanity Plea

By Terry O’Malley of O'Malley Law Office, P.C. posted in Insanity on Thursday, April 12, 2012.

Denver Criminal Defense Attorney - Mental Conditions Matter

Evidence of someone's mental condition at trial is admissible without an insanity plea, according to a new case issued by the Colorado Supreme Court. This is significant because in many felony cases from Denver, Jefferson, and Adams County involving Theft, Burglary, or Sexual Assault, the mental state of the accused is a required element of the crime and impacts a jury's deliberations on findings of intent. Intent is also known as the mens res of the case. When a defendant accused of a serious felony case in Arapahoe, Douglas and Weld County, he often says he did not "knowingly" commit the crime, even though he admits he committed the crime. Our experienced lawyers know that the mental state of the accused is very important, particularly for people whose mental condition is not so bad that they can prove they were insane. The requirements of an Insanity Plea are very strict and difficult to meet, 16-8-101.5.

Colorado Sexual Assaults - Different Proof Issues

By Terry O’Malley of O'Malley Law Office, P.C. posted in Sexual Assault on Thursday, April 5, 2012.

Denver Sex Assault Lawyer - Where is the Proof? 

Colorado Sexual Assault cases have different proof issues from most cases.  In a Theft case, you have missing property which can be found.  In regular Assault cases, you have injuries.  In DUI cases, you have blood alcohol.  In sex cases, however, you often have no evidence.  Charges are brought by one person accusing another person of touching them sexually.  This breeds convictions based on who a jury believes, and some women are sympathetic "victims", more believable than a man.  Certainly children are more believable.

Sexual Assault on a Child - No Evidence, No Problem

By Terry O’Malley of O'Malley Law Office, P.C. posted in Sexual Assault on a Child on Tuesday, April 3, 2012.

Sex Assault on a Child Denver Attorney

I just finished a Sexual Assault on a Child (C.R.S. 18-3-405) trial in Arapahoe County. We spent a full day selecting a jury that consumed the day from fifty Arapahoe County citizens. Next, we spent three more days hearing evidence and took those days from thirteen dedicated jurors.

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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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