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March 2014 Archives

What is Hearsay in Criminal Courts?

Hearsay-Colorado-Courts.jpg"Hearsay" sounds so simple, but with exceptions to the rule of Hearsay, courts have greatly complicated this evidence principle so that even lawyers can't figure it out completely. This rule can have a huge impact on your trial for disorderly conduct, assault or domestic violence in Arapahoe, Jefferson and Douglas County. Here is the definition of Hearsay according to the Colorado Rules of Evidence:

Colorado County Jails - Inmate Health Problems Ignored

inmate-health.jpgI am not totally blind to the economic realities of this world. We can't afford to give first class medical care to inmates in Jefferson, Boulder and Adams County Jails. But, I am see life threatening conditions given minimal medical treatment. It is what Sheriffs all over Colorado do, in an effort to cut costs. Even food is an issue. Jails seek out the cheapest bids for food and medical programs which barely keep inmates alive.

Contributing to the Delinquency of a Minor in Colorado

contributing-delinquency-mi.jpgIn Jefferson, Arapahoe and Boulder County, any person who aids or encourages a minor to commit any crime can be charged with Contributing to the Delinquency of a Minor. This is one of the broader charges in the criminal code and can be used in wide range of contexts from helping a child get and consume alcohol to encouraging a child to engage in a sexual act and everything in between. While the most common context involves the use of alcohol, this statute can be made to apply to any situation where an adult is believed to encourage a minor to commit a crime.

Colorado Record Sealing - Why Hire an Experienced Attorney

record-sealing.jpgMany people attempt to seal their own criminal records. But, there are reasons why we get calls from people in Jefferson, Douglas and Arapahoe County who want us to take over the job of record sealing they started. This is because of poor instructions on sealing records, dead ends when trying to get answers to questions, and frustration due to the precise nature of the legal process. Many people become overwhelmed and contact us to give them the peace of mind they need. Sealing your criminal record is important to you, and we take your future and rights seriously here at the O'Malley Law Office.

Evidence: Your Colorado Confrontation Clause Right

ID-10055197.jpgThe Confrontation Clause can be found in the U.S. Constitution's Sixth Amendment, and provides: "In all criminal prosecutions, the accused shall enjoy the right...to be confronted with the witnesses against him." The gist of this right is that the government can't convict you based on evidence of what people say, who are not present at your trial subject to cross examination in Denver and Jefferson County. The principle further provides that justice is best served when witnesses against you are present in front of the jury, to have their entire self, subject to the jury's scrutiny. Nonverbal cues such as facial expressions, voice tone, dress, and eye contact are useful in assessing the credibility of a witness. Additionally, cross examination puts the testimony to scrutiny.

Juvenile Crime in Colorado - Colorado Children's Code

ID-100103837.jpgTitle 19 of the Colorado Revised Statutes is also known as the Colorado Children's Code deals with Juvenile Crimes. In general, the Children's Code exists because Coloradans understand that when kids in Jefferson, Arapahoe, or Denver County are charged with a crime, special allowances need to be made for their age. Every parent knows that young children cannot fully understand the implications of their actions, and as they mature more is expected of them. Likewise, prosecutors in Colorado will not charge very young children for taking a toy from a preschool or 7-11. However, if a 13 year old Juvenile shoplifts from Park Meadows Mall in Douglas County, he or she will be arrested and held accountable in juvenile court.

Colorado's New Drug Possession and Distribution Laws

ID-10045342.jpgSweeping changes became effective on October 1, 2013, in Colorado's drug laws. We are now operating under C.R.S. 18-18-403.5 and C.R.S. 18-18-404, in Denver, Jefferson and Arapahoe County. Under these statutes and C.R.S. 18-1.3-401.5, a new class of crimes has been created: Drug Felony Crimes and Drug Misdemeanor Crimes. These changes will impact most of our clients charged with possession and distribution or manufacture of drugs like methamphetamine (meth), cocaine, heroin and other serious Schedule I and II drugs.

Denver Criminal Trial Lawyer Trust

ID-10011750.jpgI recently had a meeting with a client who appeared genuinely upset that I did not speak more dramatically on his behalf in front of the judge at a recent court hearing. He expected that I would respond aggressively with a loud denial each time the DA said he committed a crime. This hearing had nothing to do with whether he committed the crime, but was a motions hearing focused on the admissibility of some prior bad acts evidence (which was not that bad).

Minor in Possession of Alcohol in Arapahoe County, C.R.S. 18-13-122

Are you drinking alcohol underage? Do you have a friend who is a minor and has been drinking at a party? Have you ever driven your car while you had alcohol inside the vehicle? If you answered 'yes' to any of these questions and you are under 21 years old, then you could be facing charges of Minor in Possession of Alcohol (Illegal Possession or Consumption of Ethyl Alcohol by an Underage Person, C.R.S. 18-13-122) in Boulder, Larimer, or Weld County.

Denver Forgery Charges Lawyer, C.R.S. 18-5-102

Have you been charged with Forgery in Denver, Arapahoe, or Douglas County and need a criminal defense lawyer to help? Are you wondering why you were charged with falsifying a signature on a document? Have you thought to yourself whether it is alright for you to forge someone else's name to an instrument where that person will be benefitted by the signature? If you have ever asked any of these questions, then you need to speak with an experienced Forgery attorney today.

DUI / DWAI Facts 1-5

1. Good Lawyers Are Not Cheap, but Cheap Lawyers Are Expensive:

With Driving Under the Influence charges (DUI / DWAI), cheap lawyers have a mindset which relates to having a large volume of clients. They want many cases, provide little care for the client, and charge low fees. They want to get your payment, quickly plea bargain the case, and move on to the next client. I've even seen these lawyers promise to get someone off without seeing any evidence.

Lifetime Sex Offender Registration for Misdemeanor Sex Offenses

man-lifetime-registration.jpgI received a call recently from a young man regarding two sex offenses he had: one was Unlawful Sexual Contact, C.R.S. 18-3-404, a misdemeanor from when he was a juvenile. He received a juvenile adjudication to this charge. The second occurred when he was 18, and it was for Indecent Exposure, C.R.S. 18-7-302. He received a misdemeanor conviction on this second charge. Each of these offenses are classified as Unlawful Sexual Behavior, C.R.S. 16-22-109. As a result, they both require Sex Offender Registration.

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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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