A police officer in Denver was recently convicted of Kidnapping, C.R.S. 18-3-301 and Sexual Assault, C.R.S. 18-3-402, two serious felonies. The charges resulted from a woman who said that she was arrested by the officer and taken to a secluded place for the sexual assault. The Officer argued to the jury that he took the woman arrestee to the secluded location to try and get information on other crimes (like an informant might do) and that he was not involved in any sexual activity with the woman. The twelve member jury decided the case after deliberations following a two week criminal trial.
We defend men and women accused of crimes like Sexual Assault and Kidnapping in Adams, Jefferson, Denver and Weld County, among others across the state. It is very unusual to have charges of this nature filed against a police officer. Prosecutors usually believe police officers and are reluctant to charge them. It takes a pretty strong case before District Attorneys will charge a police officer.
District Attorneys will often never hear of charges against officers as fellow police cover up police crimes, or DAs will decide not to prosecute a marginal case. The bar is so high to charge a police officer since DAs are on the same side as the police in every case filed. Police supply almost all the cases District Attorneys work on. They are essential for one another. A DA without helpful police will rarely win a case. There is a symbiotic relationship and they feed off one another. Only when evidence is too clear to ignore, will we have charges like this against a police officer.
Kidnapping and Felony Sexual Assault charges in Arapahoe, Douglas, Larimer and Grand County often result in a lifetime of prison, due to the sex charges. Colorado’s Indeterminate Sentencing law requires very harsh sentencing of sex offenders. This law requires that a defendant be sent to prison (Department of Corrections), where he is given a minimum sentence but no upper limit. It is up to the Parole Board to release the defendant from DOC any time they want after the minimum sentence. A prerequisite to release is that he advance in sex offender treatment, which is often not available due to a shortage of resources. Most people convicted of felony sexual assault will stay in for many years beyond their minimum.
If you or a loved one are contacted by police concerning charges of Sexual Assault or Kidnapping, be smart, exercise your right to remain silent, and call the experienced criminal defense lawyers at the O’Malley Law Office, P.C., at 303-731-0719. Together, we can protect your future.