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Charged With A Crime? It Doesn’t Mean You’re Guilty.
The crime of Leaving the Scene of an Accident, or Hit and Run, can be charged with the risk of a heavy prison sentence, if a person is involved in a collision or automobile accident leaves the scene, and a person in either vehicle suffers serious bodily injury or...
To fully understand the point I want to make, imagine yourself as one of many Denver area police officers. You have been hired at the Denver Police Department to enforce laws, hence the term "law enforcement officer." If you catch a bad guy before he talks to a...
A recent Colorado Supreme Court opinion was of interest to the criminal defense lawyers at the O'Malley Law Office. The high court was asked to examine a lower court trial in Pueblo where a man was convicted of two counts of Menacing after the trial court refused to...
Internet Luring of a Child, located at C.R.S. 18-3-306, is a harsh sexual crime which raises the first amendment as a possible defense involving constitutional free speech. Why? Because this crime's terms outlaw discussions with kids NOT intended to result in sexual...
Like so many sexual crimes in Denver and Jefferson County, within the definition of key terms you can see the problem with Colorado's Internet Sexual Exploitation of a Child law. The Definition of Internet Sexual Exploitation of a Child "An actor commits internet...
COCCA = Colorado Orgainized Crime Control Act Colorado has an organized crime control act, located at C.R.S. 18-17-102. That sounds good, right? We want to keep gangs from ruling our state. Like all good laws in Denver and Arapahoe Count, however, the facts of some...
From Yuma County west to Denver County, and from Denver County west to Mesa County, our legislature has passed a broadly written law called Prohibited Use of Weapons, C.R.S. 18-12-106. It appears that behind the scenes, efforts are being made under this law to limit...
Colorado has a Sentencing scheme set up to punish the more severe crimes like Murder, Sexual Assault and Kidnapping, more severely. These are typically classified in Jefferson and Adams County as class 1, class 2 and class 3 felonies. Less serious felony crimes like...
I cringe when someone calls about a Sexual Assault charge in Jefferson or Arapahoe County. Why? Because these cases develop a life of their own, usually based in a broken relationship. Plus, these matters don't generally involve physical evidence - just an accusation....
Did you know that certain persons listed in a Colorado statute are required to report any suspected child abuse to police or the Department of Human Services? This law, listed a C.R.S. 19-3-304, is a windfall for police and social services, but a huge loss for the...