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What is the Difference Between Arraignment and Advisement in Denver Courts? A Criminal Lawyer's Explanation

By Terry O’Malley of O'Malley Law Office, P.C. posted in Courts on Monday, February 19, 2018.

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What is Arraignment in Denver Courts? A Douglas County Criminal Lawyer's Explanation

Arraignment in Denver and Douglas County courts is a hearing where someone enters their plea to a criminal charge. Your choices are to plead guilty, not guilty or no contest. It is always best to have a criminal defense attorney present when you enter your plea, because a plea is final and cannot be changed later. A defense lawyer will help you understand whether pleading guilty to a charge is best. For example, you might want to "accept responsibility," and plead guilty to domestic violence assault. This would have lifetime negative consequences. If you'd had a defense lawyer, they might advise you to plead guilty to domestic violence harassment instead, which would be ok with the prosecutor and spare you many negative consequences. Court hearings in Criminal Cases.

What is the Difference Between County Court and District Court in Arapahoe and Douglas County, Colorado?

By Terry O’Malley of O'Malley Law Office, P.C. posted in Courts on Friday, February 2, 2018.

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District Court and County Court Differences in Douglas and Arapahoe County, Colorado

For a defense lawyer, the difference between County Court and District Court can be huge in Douglas and Arapahoe County, Colorado. County Court is designed for less serious cases, while District Court is the most serious court for State of Colorado felony crimes. Your court will be located in the county where the crime is alleged to have occurred. Let's look at the different type of charges and crimes for each court. Information on Denver Metro Area Courthouses.

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

By Terry O’Malley of O'Malley Law Office, P.C. posted in Courts on Tuesday, September 5, 2017.

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.

Failure to Appear in Courts: Denver Attorney on Missed Court Date

By Terry O’Malley of O'Malley Law Office, P.C. posted in Courts on Friday, August 18, 2017.

Missed Court Date = FTA: How to Handle Your Arrest Warrant in Denver

Failure to Appear in Courts or FTA: Nothing makes a worse impression on a judge than when you miss your court date. It tells the judge that you found something more important to do, or that you don't have the self discipline to get your body to court. Their response is always the same: an arrest warrant is issued for you. The bottom line is to read your ticket's court date.

Double Jeopardy in Denver Courts and Criminal Cases

By Terry O’Malley of O'Malley Law Office, P.C. posted in Courts on Monday, June 19, 2017.

The Constitutional Law of Double Jeopardy in Denver Courts

Double Jeopardy is a rule of law which prevents a person from being charged twice in courts for the same offense. Without this rule, Denver government could keep charging you over and over again until they obtained a conviction. It provides finality to a very important matter: the government trying to take away your freedom. If a person is voted guilty or not guilty by a jury, the matter is put to rest once and for all. A jury deadlock can still result in another trial, because no final verdict was obtained. Some Rules of Jeopardy.

No-Contest and Nolo Contendere Pleas in Denver Courts

By Terry O’Malley of O'Malley Law Office, P.C. posted in Courts on Sunday, June 18, 2017.

What is a No-Contest / Nolo Contendere Plea in Denver Courts?

In a criminal case, those charged with crimes are called the defendant.  At some point, the defendant must decide how he will respond to the charges against him.  This is called his "plea".  He generally pleads guilty or not guilty.  In some courts, he will be permitted a third option, and that is to plead No Contest or Nolo Contendere.  It can also be referred to as an Alford plea.  The effect of this plea is important to many defendants. Read more about Plea Bargains.

PreTrial Services in Arapahoe County Courts - What is Pretrial Services?

By Terry O’Malley of O'Malley Law Office, P.C. posted in Courts on Tuesday, May 30, 2017.

Pretrial-Services.jpgDenver Courts Pretrial Services and Pretrial Release

Prior to and following your arrest or appearance in Denver court, a judge can order PreTrial Services to investigate you. If you are still in custody and have not bonded out, courts want to know if there are any red flags to your reappearing in court after posting bond. Red flags include:

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

By Terry O’Malley of O'Malley Law Office, P.C. posted in Courts on Saturday, December 17, 2016.

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.

Pretrial Conference in Denver Courts - PTC - What is the Purpose and How do They Work?

By Terry O’Malley of O'Malley Law Office, P.C. posted in Courts on Monday, October 3, 2016.

Pretrial-Conference-PTC.jpgDenver Courts Pretrial Conference or PTC Lawyer - What Will Happen There?

When you come to court, the judge wants to have you and the District Attorney talk about a possible resolution. They do this because it would be impossible to take every case to trial. There are simply too many charges filed. So, resolving most of the cases by plea agreement is very important. To facilitate this, judges schedule a pretrial conference. The problem is that the DA can use this time to strengthen their case against you if you talk with them.

Jury Tampering in Denver Colorado | Court Judge Lacks Understanding of Free Speech - Criminal Defense Lawyers

By Terry O’Malley of O'Malley Law Office, P.C. posted in Courts on Wednesday, December 2, 2015.

I never would have thought that giving out fliers to persons entering a court house could be charged as Jury Tampering. But, one judge ordered the man to be arrested on felony charges of jury tampering for handing out a jury information pamphlet. Free Speech rights dictate that the man should not have been charged, but apparently Michigan Judge Peter Jaklevic doesn't understand the concept. And, as a former prosecutor, this judge is doing more than violating free speech rights. He is violating the separation of powers doctrine, where we have division of government. This judge is trying to assume Executive and Legislative Branch powers. The Judicial Branch has limited powers related to trying cases - not prosecuting them. At the direction of Judge Peter Jaklevic, it appears the prosecutor's office failed to maintain their independence and refuse charges. This whole scene smells of a backwoods movie scene. Prosecutors charged the man with Jury Tampering, C.R.S. 18-8-609, a felony in Denver and Jefferson County. Communist dictators have something in common with this county government's employees.

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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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