Colorado Springs Criminal Law Blog

The Colorado Supreme Court recently ruled that Colorado Springs police should have warned a child pornography suspect that he had the right to remain silent and the right to an attorney before they questioned him according to an article in The Gazette.

In the case of People v. Holt, the court stated that Holt should have been read his Miranda rights before police questioned him. In Holt's case, the police arrived at his home one night and entered the house with their guns drawn. They removed Holt from the home, handcuffed him, and placed him in the back of a patrol car, where they interrogated him for about 25 minutes until Holt admitted his computer contained images of child pornography.

During Holt's trial, the trial judge ruled that Holt's statements in the back of the police cruiser were inadmissible because the police officers’ failure to read Holt his rights violated Holt's Fifth Amendment right not to incriminate himself. In the landmark case of Miranda v. Arizona, the U.S. Supreme Court ruled that criminal suspects have a right to remain silent and to consult an attorney if they are in the custody of law enforcement and are being interrogated.

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Twenty-five students from Skyview Middle School in Colorado Springs have been suspended after being caught “sexting.” The 6th grade students were allegedly forwarding a picture of a naked 12-year-old girl on their cell phones. Under Colorado law, the students could be facing a felony charge for the incident. The El Paso County District Attorney received the case for review on Wednesday afternoon. He stated that in cases like this one, mandatory education and counseling is the best first step for the students.

A parent of one of the suspended students believes that Skyview may have mishandled the situation. It is questionable as to why the students were suspended from school as the text was sent after school hours. In addition, the school’s resource officer threatened the students and told them that the incident will ruin their lives, preventing them from getting a good job later in life. School officials also interrogated the students and confiscated their cell phones without alerting parents.

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An almost 10-year-old sexual assault case has resurfaced after an Arapahoe County District Court Judge agreed to assign a special prosecutor to file charges against the accused. According to an aurorasentinel.com article, the incident in question occurred at a high school graduation party in 2000. Allegedly, a young woman claims that two of her classmates had intercourse with her without consent being given. Reportedly, the young woman had been drinking the night of the alleged incident. There was no mention of whether or not the two men accused of the act were also consuming alcohol the night of the party.

Initially, the woman did not want to testify against the young men, rendering prosecutors unable to file criminal charges against the men. However, after one of the two men was investigated for his connection to an alleged Colorado University incident of rape in 2004, the woman asked the Arapahoe County District Attorney’s Office to reconsider filing charges in her case. The D.A.’s office declined to reconsider, citing the long amount of time that had passed since the incident as to why charges would not be pursued. The woman again sought filing charges in 2007, and, after an initial refusal to do so, was granted her request.

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The social stigma associated with being convicted of a sex crime can greatly impact an individual for the rest of his or her life. According to a coloradoan.com story, a 31-year-old man that was previously convicted of second-degree sexual assault and served the majority of a seven year prison sentence has decided to move. As consequence of this, local law enforcement has called a mandatory meeting of the Fort Collins community to inform the public of the individual’s new whereabouts. The mandatory meeting is required by law whenever a sexually violent predator moves into a new neighborhood, or simply moves from one house to another in the same neighborhood. Specifically, the meeting will “provide notification of [the] offender and generally enhance public safety and protection, [and] be presented by a team of professionals involved in the management of sex offenders in the community.”

Even though the 31-year-old is subject to neither parole or probation supervision, he is still considered a threat by his community. Such a label can certainly impact his ability to find suitable housing, gainful employment, and can place stress on any new relationships he may form, not to mention the strain that has already been placed on his current friends and family. While avoiding such a stigma can be difficult, such avoidance is not impossible. By retaining the services of a skilled Colorado Springs sex crimes attorney, an accused individual may be able to lead a normal life again, even after charges have been brought against them.

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According to denverpost.com, a former high school teacher was arrested for alleged sexual assault charges against a minor. The 34-year-old man was taken into custody by the Larimer County Sheriff’s Office after a former student claimed that she was assaulted in May 2009 and is now pregnant. The suspect has no known prior history of sexual assault in Colorado, and is being held without bail.

The 16-year-old girl who made the allegation is the only student to have reported an assault of any kind so far. Needless to say, the accused teacher was dismissed by Eagle Rock School upon being taken into custody. The school, located in Estes Park, is a private school with a year-round curriculum.

Though in this case there may be evidence that has the potential to prove beyond a shadow of a doubt that the accused man is in fact the father of the 16-year-old girl’s baby, the circumstances under which the alleged assault took place have yet to be completely confirmed. Whether or not he is declared guilty of sexual assault charges is an issue that the Colorado court system will have to decide.

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Not many parents and teens realize it. But when a teenager uses his or phone to exchange nude pictures of themselves, it could be treated as a sex crime in Colorado and a teenager may even have to register as a sex offender. According to this news report, when it comes to the issue of sexting, technology has outpaced the provisions of Colorado criminal law.

A number of counties are slowly realizing that these teens don't need to be sent to jail or marked as a sex offender. What they really need is counseling about the importance of self- respect – respecting their own bodies and developing a sense of self-esteem. However, some law enforcement agencies in Colorado will not hesitate to prosecute sexting as a sex crime because according to Colorado law, it falls under distribution of child pornography or sexual exploitation– very much a sex crime. Right now, sexting can fall under the sexual offender laws, which makes the penalties pretty severe for what is a consensual act among minors. In fact, it is a felony and the county prosecutors will have to treat these cases as such, whether or not they want to do that.

This news report reminds us that we as parents have an important responsibility in this digital age to closely monitor how our teens use their cell phones.

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An Aspen, Colorado, masseur is in trouble with the law after he was arrested for allegedly fondling and kissing a female customer, according to this news report. The man faces one misdemeanor count of unlawful sexual contact in connection with the incident. He also faces up to 18 months in jail and would have to register as a sex offender, if convicted. The judge has also issued an order forbidding the man from have any type of contact with the alleged victim.

The victim apparently told police that she went to the business for a back massage and was then taken to a table behind a screen. At some point during the massage, the victim said, she was told to lie on her back when the masseur kissed her without permission and touched her inappropriately.

Even relatively minor Colorado sex crimes can result in a requirement to register as a sex offender and complete sex offender treatment. Such a requirement mandates that you constantly update authorities about your residence and whereabouts and even require you to take polygraph tests to make sure you are compliant with your probation orders. A sex offender conviction can cause much devastation in your personal life, relationships, job, career and future.

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A Colorado Springs vending machine worker has been arrested on suspicion of inappropriate behavior at a local high school, according to a Denver Post report. The 36-year-old man turned himself in to police. He was booked on four offenses for sex crimes in Colorado including sexual exploitation of children and unlawful sexual contact.

The arrest reportedly occurred after a school resource officer was informed by a school administrator about complaints from several female students about a man who serviced vending machines in the building. The students told the assistant principal that he would ask them to "do things that were inappropriate." The man apparently works for a vending machine company in Colorado Springs that delivers vending machine products to various high schools in the south metro area. An investigation is ongoing.

Sex crime cases, especially against minors, can have serious consequences for a defendant. It can be worse if the alleged crimes occurred during the course of the person's work. In most of these sex crime cases, consequences include lengthy jail time, losing your job, your reputation, and required registration as a sex offender. A wrongful conviction can have disastrous consequences on your life and destroy your future.

Please do not let this happen to you. If you have been charged with a sex crime, please call an top Colorado Springs sex crime defense attorney at The Bussey Law Firm P.C. We will examine the evidence carefully and build a winning defense that will get your charges dismissed or reduced. Our experienced Colorado criminal defense attorneys will work hard to get the best possible result in your sex crime case. Please call The Bussey Law Firm P.C. to schedule your free consultation and case evaluation.

A 39-year-old man from Colorado Springs has been arrested and charged with online child pornography, according to this news report. He was arrested after detectives apparently caught him acting inappropriately with someone he believed to be an underage girl online. Detectives say the chats between the man and the “girl” became sexual in nature. He faces three counts of internet sexual exploitation of a child and six counts of promotion of obscenity to a minor.

More and more law enforcement agencies – be it local or federal – are getting extremely aggressive when it comes to Internet child pornography and sex crime cases. The consequences of being arrested on suspicion of a sex crime can be devastating. Even if you are not eventually convicted, when you are accused of committing a sex crime, it tarnishes your reputation.

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Eric Torrez, a 47 year old who was accused of sexually assaulting a brother and sister who lived with him after being kicked out of a homeless shelter has been rearrested after another alleged victim came forward, according to a Rocky Mountain news report.

In the first accusation, Torrez was accused of assaulting the siblings after their mother sent them to live with his family. Torrez's wife and son are accused of being complicit in the abuse and of also having sex with the girl, who said she was first abused when she was 12. Prosecutors said the victims, now in their 20s, recently reported the alleged abuse. Torrez is being held on $2 million dollars bond.

The stigma associated with sexual assault charges in Colorado can be as damaging as an eventual conviction. Our system of justice, however, assures all those accused of crimes that they will receive a fair trial to determine their guilt or innocence. All too often, however, those accused of sexual assault crimes are considered “guilty until proven innocent”. If you or a loved one has been accused of sexual assault crimes in Denver, it’s imperative that you contact an experienced sexual assault defense attorney as soon as possible.

Being arrested for a crime involving sexual assault or pornography can be an intimidating experience. It's likely you'll not be thinking clearly after an arrest and interrogation, and authorities may take advantage of your state of confusion by offering what on its face appears to be a good plea bargain, but examined carefully, is not in your best interest. Colorado sex crimes attorney Timothy Bussey's experience as prosecutor and as a defense attorney since 1991 gives him insight into all sides of a case. We work hard to ensure our clients' rights are aggressively protected by a vigorous defense.

Airman First Class Derick Ryan Thompson, of the 10th Medical Support Squadron, was accused of multiple counts of rape and sodomy while assigned to the U.S. Air Force Academy Hospital and faces a court martial that begins on Monday, December 15th.

Thompson faces charges ranging from sexual assault, providing alcoholic beverages to persons under the age of 21, using a government-owned vehicle to purchase alcoholic beverages, and failure to obey an order from a superior.

The charging documents say Thompson's alleged victims were not cadets at the academy but two female airmen. The charges allege that Thompson raped the airmen on Dec. 22, 2007, and on Jan. 3, Jan. 4 and Jan. 9, 2008.

Air Force prosecutors allege that at various times Thompson used his rank to coerce sex from the victims and attacked at least one of the victims while she was incapacitated. When Thompson was ordered by a master sergeant to stop all contact and communications with persons assigned to the 10th Medical Support Squadron, he disobeyed the order, the prosecutors allege.

If Thompson is found guilty of all sexual assault charges and specifications, he faces a maximum punishment of a dishonorable discharge, 57 years confinement, forfeiture of all pay and allowances, and reduction to the lowest enlist grade of E-1.

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A Denver high school teacher has turned herself in to police after she was accused of having a sexual relationship with one of her male students. According to a KRDO-TV news report, Denver police officials started investigating Sheridan High School English teacher Melissa Snow after receiving a tip about her alleged involvement with one of her students. Officials said they found sufficient evidence during the investigation to issue a warrant for her arrest on suspicion of sexual assault by a person in position of trust. Authorities have also said that the alleged sexual assault happened in Denver.

When people in a position of trust and respect, such as a doctor or a teacher, are charged with a sex crime, the consequences can be disastrous. It is a stain on their reputation, whether they are convicted of the crime or not. A defendant in the United States is presumed innocent until proven guilty. But our society does not always view it that way, especially when it comes to sex crimes involving minors.

If you or someone you love has been accused of a sex crime in Colorado, it is in your best interest to promptly contact a knowledgeable and experienced criminal defense attorney who can help protect your legal rights and defend you against the charges brought against you. Sex crimes have grave consequences. If convicted you may face time in prison, probation and worse, a lifetime of registration as a sex offender. If you are in this tough situation, please call the Law Office of Timothy Bussey to find out how he can help you.