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June 2016 Archives

Denver Domestic Violence Defense Attorney: Harassment and Assault

By Terry O’Malley of O'Malley Law Office, P.C. posted in Domestic Violence on Wednesday, June 29, 2016.

Domestic-Violence.jpgDenver Domestic Violence Lawyer - Harassment and Assault Charges are Common

We are frequently called when men and women are accused of Denver Domestic Violence Harassment and domestic violence third degree assault in Adams County. But what is the difference between these two crimes and does it really matter if you get charged with one over the other? It really does matter, particularly if you want to possess a firearm or gun in the future. Even besides that, though, being charged with one is preferable to the other.

Cruelty to Animals and Child Abuse Lawyer: Pets and Kids Enjoying Life Sometimes Get Hurt in Accidents

By Terry O’Malley of O'Malley Law Office, P.C. posted in Cruelty to Animals on Monday, June 27, 2016.

Child-Animal-Abuse.jpgChild Abuse, Animal Abuse - Common Themes for Denver Defense Attorneys

In the summer, we see many cases of Animal Cruelty and Child Abuse related to leaving pets and children in cars. The child or cat or dog does not have to actually be injured. It is enough that the decision to leave them alone in a car or yard with the hot weather occurred. In other cases, the child or pet falls, steps on a sharp object or leaves a fenced in area.

Unlawful Sexual Contact - Arapahoe County and Douglas County Defense Attorney

By Terry O’Malley of O'Malley Law Office, P.C. posted in Unlawful Sexual Contact on Thursday, June 23, 2016.

Unlawful-Sexual-Contact.jpgUnlawful Sexual Contact Colorado Lawyer: Charges Can Occur Easily

Unlawful Sexual Contact can be charged as both a felony and a misdemeanor. The stakes are high, with prison and Arapahoe County Jail on the table. Just as important is how easy this crime can be alleged. No evidence is required - just the word of someone who wants revenge against you, has a need for attention, or who regrets the consensual contact and wants a way out.

Direct Filing of Juvenile Criminal Charges in Denver - Kid Court to Adult Court

By Terry O’Malley of O'Malley Law Office, P.C. posted in Juvenile on Tuesday, June 21, 2016.

Direct-File.jpgJuvenile Direct Filing Moves - District Attorneys Increasing the Stakes in Colorado

Juvenile criminal charges are normally filed in the juvenile court of each county - a branch of the District Court. Magistrates handle the bulk of juvenile cases in Denver, which are seen as less serious. Now, however, there is a process where the District Attorney can file charges against a juvenile in adult court. This process greatly raises the stakes on our kids.  Read more on Direct Filing rules.

Colorado Eluding: Misdemeanor or Felony? C.R.S. 42-4-1413 vs C.R.S. 18-9-116.5 - A Traffic Lawyer's View

By Terry O’Malley of O'Malley Law Office, P.C. posted in Eluding on Sunday, June 19, 2016.

Eluding.jpgEluding or Attempting to Elude Police in Arapahoe County: the Misdemeanor, C.R.S. 42-4-1413

Eluding or Attempting to Elude a Police Officer in Arapahoe County is a class 2 misdemeanor traffic offense. It occurs when a person flees from a police officer - knowing the officer was trying to stop them. Emergency lights or a siren are usually required. From our study, the main requirement for Felony Vehicular Eluding vs the misdemeanor Eluding, is the requirement that a person operate their vehicle in a reckless manner during the eluding. The misdemeanor Eluding does not have this requirement.

Criminal Extortion in Colorado, C.R.S. 18-3-207 - Power Corrupts

By Terry O’Malley of O'Malley Law Office, P.C. posted in Extortion on Friday, June 17, 2016.

Extortion.jpgCriminal Extortion Charges in El Paso County - Former Sheriff Charged

Criminal Extortion charges were recently filed against a former El Paso County Sheriff and his Undersheriff. The former Sheriff and Undersheriff allegedly threatened to cancel a multi-million dollar contract if a company failed to fire an employee, pressured a domestic-violence victim to modify her story and then put her in jail, and tarnished the reputations of deputies who crossed them. They were charged with six felonies and three misdemeanors. As a Denver Criminal Defense Attorney, I take no satisfaction in the fact that another law enforcement officer is facing serious felony charges. I believe the appropriate reaction to this news is sadness. My Christian attorney perspective reminds me that every person, including myself, is susceptible to making bad choices. I am also reminded of a well known quote from Lord Acton: "Power tends to corrupt, and absolute power corrupts absolutely."

Sex Offender Registration Lawyer Explains the Rules to Register and Deregister in Colorado

By Terry O’Malley of O'Malley Law Office, P.C. posted in Sex Offender Registration on Monday, June 13, 2016.

Sex-Offender-Registration.jpgSex Offender Registration Rules in Colorado

Every sexual offense, like Sexual Assault, Internet Luring or Unlawful Sexual Contact, requires sex offender registration in Adams County. How long someone needs to register is an important question people ask us. The most common question though is whether they can discontinue registration. Let's look at those two questions in today's blog.

Civil Assist in a Criminal Case - What is This Strange Thing? A Douglas County Criminal Lawyer Explains

By Terry O’Malley of O'Malley Law Office, P.C. posted in Criminal Case on Thursday, June 9, 2016.

Civil-Assist.jpgCivil Assist to Get Your Property - A Castle Rock and Parker Criminal Case Lawyer's Advice

When police arrest you, they don't give you notice or time to get necessary things from your house. In Domestic Violence cases, this is a real problem, because the court won't let you go home after you bond out of the Douglas County Jail. Your medicine is at your house. Your wallet is at home. Your phone is at home. Your clothes and car are at home. Your life is there! With any Domestic Violence case, there is a protection order or restraining order preventing you from going back home to get your things. In order for people to be able to function while their criminal case is proceeding, they are granted a one time "Civil Assist" to retrieve personal belongings. The Civil Assist occurs when police are with you and it is a one-time exception to your protection order or restraining order.

Juvenile Court Lawyer in Douglas and Arapahoe County, When Kids Get Into Trouble

By Terry O’Malley of O'Malley Law Office, P.C. posted in Juvenile on Tuesday, June 7, 2016.

Juvenile-Court.jpgHow is Arapahoe County Juvenile Court Different than Adult Court?

Juvenile crimes are treated more as the mistakes of a developing child than adult cases - where a crime is never seen as a mistake, but intentional. The juvenile court system sees kids as developing and not as responsible for their bad decisions in Arapahoe County. The bottom line in juvenile court is that kids can be rehabilitated, while adults cannot.  Of course, juvenile violent crimes are treated differently for the sake of public safety. But, even these, in the end, are processed less harshly for kids than for adult crimes. Children will enjoy shorter jail (detention) stays, lower bonds and lower fines. Read how parents and adults may be responsible for their child's conduct.

First Degree Criminal Trespass or Second Degree Burglary? A Lawyer Explains the Difference

By Terry O’Malley of O'Malley Law Office, P.C. posted in Trespass on Saturday, June 4, 2016.

Trespass-Burglary.jpgBurglary in Douglas County is Worse that Trespassing - A Defense Lawyer Explains Why

Being caught inside another person's house without permission is a very bad thing. How bad is determined by whether you are charged with committing First Degree Criminal Trespass or Second Degree Burglary in Douglas County. The first is a class five felony, but the second is a class three felony. The prison sentence between the two is a maximum of three years for the 1st DegreeTrespassing charge and twelve years for the Burglary charge. And, based on my experience, it is much more likely you will get a prison sentence for a 2nd Degree Burglary conviction vs. a Trespassing conviction.

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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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