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December 2016 Archives

Extradition from Colorado | Extradite a Fugitive to Colorado - Procedures and Policies

Jefferson County Warrant Out of State Arrest - A Big Surprise With No Bond or Bail Allowed

Travel between states to avoid arrest is fairly common. However, in many cases, police in places like Jefferson County, Colorado, receive an accusation against you as you set up your new life in a new state. When this occurs, you and your defense attorney have no idea police have believed an alleged victim and charged you with a crime in Aurora. They issue an arrest warrant in your name and sit and wait for your arrest. You only learn of the new case after being pulled over by police for a minor traffic offense in your new state. Officers run your name and a hit comes up from Colorado. Police arrest you on the spot. Most difficult, is that it is nearly impossible to get the court or judge in your new state to do anything at all to prevent you from sitting in jail until Colorado or the state who issued the arrest warrant comes to pick you up. That new state's court system must defer to your old state and turn you over. This process is called Extradition. Generally, you cannot even be granted bail until the state extradites you back to Colorado or some other state.

Juvenile Crime Lawyer in Jefferson County and Douglas County - Colorado Children's Code

Juvenile-Crime-Lawyer.jpgAttorney for Juvenile Delinquency Charges - Keep Their Criminal Record Clean

Title 19 of the Colorado Revised Statutes is also known as the Colorado Children's Code. Although children charged with crimes are treated differently than adults in Jefferson and Douglas County, parents should know that Juvenile crimes often carry lifetime consequences. Any crime that can be committed by an adult in Douglas County, can also be charged against a juvenile. We know kids will do things impulsively without thinking of potential consequences and the effect on their future. Your children need to know that a criminal record can have a lasting and devastating impact on their future plans. Read more below and educate your kids on these consequences.

Fourth Amendment Police Searches, Colorado Search and Seizure Law

4th-Amendment.jpgPolice Search and Seizure Law Under the 4th Amendment to U.S. Constitution

At the federal level, the 10th Circuit is the appeals court for many federal district courts, like the District Court for the District of Colorado. The appeals court decides whether judges at the District Court level have made a mistake in their legal decisions. An important 4th Amendment case was decided by the Tenth Circuit recently. This decision will provide law to lesser courts and for law Police officers throughout the country. The name of this important appeals case was Vasquez v. Lewis and Jimerson.

Unlawful Sexual Contact in Jefferson County and Across Colorado, C.R.S. 18-3-404

Unlawful-Sexual-Contact--At.jpgUnlawful Sexual Contact Attorney in Morrison, Conifer and Wheat Ridge

When men and women drink alcohol during the Christmas party season, they sometimes forget boundaries and make sexual contact with someone without their permission. It could be as simple as touching someone on the dance floor, or brushing up against a woman's breast as she passes in a crowded bar. Whatever the case, this type of sexual touch is classified as Unlawful Sexual Contact, a class one misdemeanor sexual offense in Colorado.

Denver Felony DUI / DWAI Increases Colorado Prison Population

Felony-DUI-DWAI.jpgFelony DUI / DWAI Responsible for State Prison Increase in Arapahoe County and Douglas County

Colorado state lawmakers learned recently that the previous trend toward decreasing Colorado prison populations has reversed. In the recent past, Department of Corrections population levels have been on the decline. Now, they are set to increase. Why? Unexpectedly, there has been a recent rise due to our new DUI / DWAI felony law in Arapahoe and Douglas County. Under that law, people who have had their fourth DUI are eligible for that charge to be made as a felony, with prison possible. Since the new felony law took effect in 2015, it is estimated that 500 men and women will now call DOC home. There is a total of 20,000 people in Colorado's prisons. If someone has not done well in treatment and is likely to get another DUI, many judges will simply send them to prison to keep the public safe.

Jury Trial or Judge Trial in Denver? Which is Better?

Jury-Judge-Trial-Colorado.jpgJury Trial or Judge Trial for Denver Criminal Charges

In many courts, you have the choice whether to have a judge or a jury decide your guilt or innocence. But which is better? You want to be found innocent and not guilty, right? If so, consider a Denver jury trial every time. Judges are not the best route to take. Let's figure out why in the blog to follow.  Read why a jury trial is best.

Pretrial Conference: Courts in Castle Rock and Douglas County - A Lawyer's Perspective

Pretrial-Conference-Court.jpgWhat Happens at a PreTrial Conference in Douglas County Court and Arapahoe County Courts?

A Pretrial Conference is simply a meeting between two opposing sides - call it a settlement conference in a court. At this time and location, the Douglas County District Attorney (who is prosecuting you) will try and get you to settle the case. The government cannot take all of the cases which the Douglas County Sheriff and Parker Police Department charge, to trial in Colorado courts. There are only so many judges, court staff and prosecutors. So, offering a plea bargain is common in most cases. Let's talk more about the circumstances of Pretrial Conferences and plea bargains.

Record Sealing in Douglas County, Colorado | Expungement of Criminal Records

Record-Sealing-Lawyer.jpgDouglas County Lawyers to Seal Arrest and Criminal Records

We often see people with criminal records limited by mistakes from their past in Douglas County, Castle Rock and Parker. This reveals itself when someone applies for a job or for housing. A criminal record comes up and the candidate is passed over. Fortunately, many criminal records can be sealed or expunged, and background checks will no longer see the prior conviction. Expungement and Sealing happens when a Colorado judge gives an order to make arrest records, police reports or any court records unavailable to the public. Read on, and learn whether your past can be cleared of a criminal conviction or record.

Menacing, C.R.S. 18-3-206 vs. Self Defense in Jefferson County, Colorado

Menacing-Self-Defense.jpgJefferson County Menacing Attorney - Self Defense Not Important to Police

Many traffic altercations quickly turn into Menacing charges for one party. Be careful in Jefferson County, because if you show a weapon in Self Defense, the other party may call the police and you will be charged with Felony Menacing. Police and Sheriff deputies never seem to understand or care about the law. They just make the arrest and let the attorneys sort it out in court. By default, they charge the person with the weapon. The Law on Self Defense.

Subpoena for Witnesses to Testify | Arapahoe County Courts in Colorado

Subpoena-Witness.jpgAurora, Littleton and Arapahoe County Subpoenas and Subpoena Duces Tecum

In every criminal case in the Arapahoe County cities of Aurora and Littleton, the defense is permitted to issue subpoenas to witnesses to come and testify in court. This Subpoena can be a normal one commanding the person to come to court and testify, or it can be a Subpoena Duces Tecum requiring them to bring something. Let's talk about the difference between these two types of subpoenas and challenges associated with each of them.

Presumption of Innocence or Guilt for Defendants in Adams County Sexual Assault on a Child

Presumption-Innocence-Guilt.jpgPresumption of Innocence in Adams County Criminal Cases Involving Children? - the Monster and the Angel

We take a lot of cases to jury trial in Adams County. Most of them involve children accusing an adult male in their life of sexual assaulting them. It has reached an epidemic volume, as kids learn from teachers and police that they will always be believed, and that if they want someone out of their life, they should accused them of sexual touching - Sexual Assault on a Child. The result is predictable: the problem man is quickly arrested, put in jail and never allowed to contact them again.  In these cases, the Presumption of Innocence is dead.

Manslaughter Denver and Douglas County Attorney | What is Manslaughter in Colorado?

Manslaughter-Lawyer.jpgIn Denver and Douglas County, Manslaughter, C.R.S. 18-3-104, charges occur whenever a person recklessly causes the death of another person, or when someone intentionally causes or aids another person to commit suicide. If you're facing charges of Manslaughter in Colorado and you are feeling overwhelmed, consult the best criminal defense lawyers from the O'Malley Law Office to meet with you today.

Public Indecency in Denver | Firefighter Exposes Himself in Parking Lot

Public-Indecency-Firefighte.jpgDenver Public Indecency Attorney - Sex in Public is Dangerous

According to the news, a firefighter exposed himself to a woman in a parking lot. Apparently, the woman reported to police that the man exposed himself and performed a sex act on himself while he was parked in his car next to her. The man left the parking lot, but the woman was able to get his license plate number. The firefighter reported that he thought he knew the woman who was parked next to him, and that he was joking around because he thought he knew her. In Denver, the man would likely face charges of Public Indecency, C.R.S. 18-7-301. He could also face Indecent Exposure charges, for performing a sexual act on himself in front of the woman.

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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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