O'Malley Law Office, P.C. Free Initial Consultation
South Denver: 303-731-0719
North Denver: 303-916-9006
Toll free: 866-365-9351


September 2017 Archives

Resisting Arrest, C.R.S. 18-8-103 and Presumption of Innocence

Police will Stick Together in Jefferson County

Fighting allegations of Resisting Arrest presents difficulties which most other criminal charges do not. It isn't that there is less evidence to work with or fewer witnesses, it is that this crime always involves a law enforcement officer. I believe police have a very difficult job, but when one of their own accuses a person of Resisting Arrest in Arvada or elsewhere in Jefferson County, it is rare for an officer to not go along with whatever his or her comrade says. When police write reports about Resisting Arrest or Assault on a fellow police officer, C.R.S. 18-3-203 (c): they use the language necessary to fit the elements of the crime. I have read many police reports and most of them have phrases that look like they were copied right out of the Colorado Revised Statutes. And when we compare different police reports, many contain the kind of plagiarism a teacher sees from cheating students. This is why I never take news stories about Resisting Arrest or Assault on a peace officer at face value. Most of these stories are pulled by reporters from police records which are filled with bias.

Minor in Possession of Alcohol (C.R.S. 18-13-122) and Contributing to the Delinquency of a Minor (C.R.S. 18-6-701) in Denver Metro

Minor in Possession of Alcohol and Weed Tourists in Arapahoe County - What are the Risks

Did you know that Minor in Possession of Alcohol (MIP) is also charged when a minor is in possession of marijuana? A popular reason for some people to visit Colorado is to use legalized marijuana; the trouble for some is that they are under 21. What they don't think about is that the risk of getting caught and the legal consequences may actually be higher in Arapahoe or Adams County than in the visitor's home state. If a person under the age of 21 tries to obtain marijuana from a retailer, he or she will need to violate other laws to get it, and that usually involves using an adult. C.R.S 18-18-406 makes it drug felony for an adult to transfer marijuana to a minor. In addition, the adult can also be also be charged with Contributing to the Delinquency of a Minor.

Disorderly Conduct, 18-9-106 - Happens to the Best in Denver Too

What is Disorderly Conduct in Denver County?

Disorderly Conduct is charged in Denver on the rich and poor, young and old. This broadly written law is used frequently when officers feel circumstances are unmanageable. I recently read a story about the 52 year old son of Robert Kennedy who was arrested for Disorderly Conduct for making too much noise at a party. In addition to making too much noise, there are four other ways a person can be charged with Disorderly Conduct, C.R.S. 18-9-106, in Denver or Arapahoe County. They include; making an offensive utterance or gesture, fighting, discharging a firearm in a public place, or by displaying a firearm or deadly weapon to cause alarm.

Possession of a Weapon by Previous Offender - At the Mercy of Vigilantes in Colorado - C.R.S. 18-12-108

Who is Likely to Abuse the Possession of Weapons in Adams County?

The Possession of a Weapon by Previous Offender statute (C.R.S. 18-12-108) is designed to keep guns and other weapons out of the hands of people who are likely to abuse such possession. When Colorado law makers try to accomplish a goal like keeping weapons out of the hands of people who may abuse them, they cast a very large net. Therefore, instead of looking at whether a person ever used a weapon in the commission of a crime, they find it easier to pretend all convicted felons are dangerous and should never have possession of a weapon in Adams County or anywhere in Colorado. It does not matter if the offense was 30 years ago or if it was a non-violent crime, if you have a felony record you will never be permitted to hunt with a firearm in Colorado.

Prohibited Use of Weapons, C.R.S. 18-12-106

Common Ways Prohibited Use of Weapons is Charged in Arapahoe County

I have discussed in previous blogs the number of ways a person can get in trouble for Prohibited Use of Weapons. Now I want to focus on the two most common way people are charged with this serious class 2 misdemeanor in Arapahoe and Douglas County. They are:accidental discharge of a firearm and consuming alcohol while in the possession of a firearm.

Indecent Exposure Consequences in Colorado, C.R.S. 18-7-302

Indecent Exposure Leads to Indecent Shaming in Aurora: What Happens When Someone is Accused

I recently read a story on 9News.com about a Denver Firefighter who was arrested for walking around the Aurora Town Center with his penis in hand. His photo, which is posted above the article, tells the story of a very frightened man with a serious problem. So what is the first thing we (society) do? Well, we start by shaming the person with his picture on television and on news websites. This stuff really sells! Some of us laugh, some get mad, or we might get scared and take stronger measures to make sure our children are safe by calling our legislator to demand tougher laws. I have grandchildren, and like most people I don't want people to intentionally expose themselves in public. But I have to ask myself, will publicly shaming the person serve to correct the problem? Will it make us safer? Was the public really in danger to begin with? In my line of work I frequently talk with Sex Offender Management Board (SOMB) therapists. I've learned from them that Indecent exposure is the sex crime with the highest recidivism rate, mainly due to the underlying psychological factors involved. I believe we need laws prohibiting Indecent Exposure in Arapahoe County, but I believe the way we punish some offenders is also indecent.

Accessory to Crime, in Jefferson County, Colorado

Helping a Friend Can be a Crime - Accessory to Crime in Colorado

Helping your friend or family member who is being chased by police, can result in a felony criminal charge of Accessory to Crime, again you. Located under C.R.S. 18-8-105, Accessory to Crime is a law designed to prevent people from receiving assistance from others. Even if a family member is asking for a ride, or a place to stay, you must stay clear if you know they are wanted by police. You can be charged with a felony or petty offense, depending on the crime your friend is accused of. Blog Discussing Accessory to Crime

What Should You Do When Arrested? A Douglas County, Colorado Criminal Attorney Explains

Arrested in Douglas County? Consider These Next Steps to Protect Your Freedom

Number One - Keep Quiet, Why Castle Rock Police Need You to Talk

Being arrested on criminal charges is a difficult experience.  Court rules permit the Douglas County Sheriff Deputies or Castle Rock Police to come to court during your trial and tell the jury everything they remember you saying. So, officers like to ask you questions about every aspect of your accusations. They even like to exaggerate, stretch the truth, and make things up that you said. In many cases, we have body cameras, but officers turn them off when they don't want us to hear something which they are saying. Don't help them convict you - be quiet instead. The Arrest Process - Learn More.

Unlawful Sexual Contact in Colorado - C. R. S. 18-3-404

Unlawful Sexual Contact in Arapahoe and Adams County - A Serious Misdemeanor

Unlawful Sexual Contact is a class 1 misdemeanor in Arapahoe and Adams County, but don't let the class of crime fool you. This is a misdemeanor with serious life altering consequences.

Adams County Lawyer for False Imprisonment - Domestic Violence

Domestic Violence and False Imprisonment Attorney in Adams County, Colorado

When men and women fight, many cases of Domestic Violence and False Imprisonment arise. This crime can be classified as either a misdemeanor or a felony, depending on whether force is involved, and the length of time someone is held against their will.

Violation of Custody Order or Court Order Relating to Parental Responsibilities Denver Lawyer - C.R.S. 18-3-304

Custody Violation Order Under C.R.S. 18-3-304 in Denver and Adams County

They are your kids, but if you take them from someone after a Denver judge orders them to be in another person's custody, you can be charged with a felony. Colorado law and Adams County, do not care what the child wants or what you as their parent wants.

Sexual Assault on a Child, C.R.S. 18-3-405 | If You Are Accused in Colorado

Allegations of Sexual Assault On a Child in Jefferson County | Nobody is Safe

Sexual Assault on a Child, C.R.S. 18-3-405, charges in Jefferson County are about the most frightening allegations an innocent person can face. The Believe the Children campaign has been so successful that prosecutors often succeed in sending innocent people to prison on indeterminate sentences with no other evidence than the word of a vengeful child. As a result, those who are afraid of going to trial are forced into taking plea deals, and the risk takers who go to trial are often shocked at the small amount of evidence needed to convince a jury they are guilty. Although the burden of proof is the responsibility of the prosecution, these well trained attorneys are good very good at using theatrics in convincing juries to convict a person based on the word of a child alone. They will tell jurors that it is not unusual for there to be only one witness, since sexual predators are sneaky and they know how to keep from being caught. Sexual Assault with a Child Victim.

Facing Charges? Get Help Now!


Tell us about your case and one of our experienced attorneys will get back to you promptly.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

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.

24 hour emergency service Same-day jail visits Free initial consultation Reasonable fees Flexible payment plans

Call Toll free: 866-365-9351 South Denver: 303-731-0719 North Denver: 303-916-9006 Email us

FindLaw Network

Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters.