How Does the Sex Offender Registry Work?

How Does the Sex Offender Registry Work?

Have you been accused of a crime in which you might be required to list with the Colorado sex offender registry? It’s important to understand what this means and the possible consequences. One of the most common concerns presented by someone accused of a sex crime is what to do if the sex offender registry is required.

This means that your information could show up in a neighborhood map when people are trying to find out if a sex offender lives or works near them.

If you plead no contest or guilty to a sex crime or are found guilty of a sex crime, you’ll be required to register as a sex offender and must regularly provide your personal details to the county sheriff or local chief of police in all jurisdictions where you reside, whether or not this is in Colorado.

Felony Sex Offenses

If you were convicted of a felony sex offense and were tried as an adult and were over 18 at the time, your information could be listed on the Colorado Bureau of Investigation’s Felony Sex Offender Registry. If you were convicted in Colorado on or after 1991 for an unlawful sexual offense, or were convicted in another state which would have constituted an unlawful sex offense in Colorado, if you were released after 1991 after having served a sentence for an unlawful sexual offense or if you were convicted after July 1994 for sexual assault, unlawful sexual contact, sexual assault in the first or second degree or against a child, aggravated incest or incest trafficking in children, pandering of a child, procurement of a child, keeping a place of child prostitution, pimping of a child, indecent exposure, wholesale promotion of obscenity to a minor, class four felony internet luring of a child or many other types of Colorado sex offenses, you need to be prepared to schedule a consultation with an experienced Colorado criminal defense attorney.

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Your criminal defense attorney in Colorado should be thoroughly experienced in managing sex offenses so that you know all of the potential consequences that might apply in addition to having to be listed on the registry.     

 

What Is the Distinction Between Misdemeanor and Felony Sex Crimes in Colorado?

How serious are Sex Crime charges in Colorado?

Have you already been charged with a sex crime in the state of Colorado and are curious about how serious of a situation this is? The first step is identifying whether or not you have been accused of misdemeanor or felony sex charges in Colorado.

The sooner you hire a lawyer, the more you will understand about any misdemeanor charges. If you are facing more than one charge at a time, your lawyer can give you an honest assessment of what you’re looking at in developing a strategy to defend yourself.

How Does Colorado Treat Misdemeanors?

Most misdemeanor sex crimes in Colorado are classified as M1. These are Class 1 misdemeanors and are the most severe misdemeanor that you can be charged with. Being convicted of a Class 1 misdemeanor has long-lasting penalties and consequences. Someone who has been convicted of a Class 1 misdemeanor is facing up to $5000 in fines, as long as two years in county jail and the possibility of jail and probation. This is in addition to any other costs or embarrassments that you may encounter when being accused of a sex crime. Some of the two most common misdemeanor sex crimes facing offenders in Colorado include indecent exposure and misdemeanor unlawful sexual conduct.

Classes of Felonies

Although there are other misdemeanor sex crimes in this category, there are not charged as frequently as these two. Felony sex crimes, however, come in a broad variety of life-changing formats and consequences. These can be charged as high as a Class 2 felony sex crime or as low as Class 6 felony sex crime.

Class 5 and 6 sex felonies are those considered determinate sex crimes which means that they do not carry lifelong consequences. Other more serious sex crime offenses, however, include sexual assault and sexual assault on a child, which do carry lifelong consequences for someone who has been convicted. Any felony sex offense in Colorado, whether determinate or indeterminate, carries requirements like felony sex offender probation, loss of your freedoms and lifetime sex offender registration. Take your situation seriously be retaining a knowledgeable Colorado criminal defense lawyer.

 

What Should I Do If I Have Been Accused of Domestic Violence?

Being arrested for domestic violence in Colorado can seem like a nightmare.

Many of the specifics associated with domestic violence allegations, such as mandatory no contact orders, mandatory arrest laws, and the perception from other people that you are an abusive person are all too common with domestic violence allegations.

The state of Colorado considers domestic violence any threatened act or act of violence upon an individual with whom the alleged perpetrator is in an intimate relationship with or has been involved in an intimate relationship with. Once a person has been arrested for domestic violence, the court will enter a mandatory restraining order.

After You Have Been Accused Of Domestic Violence In Colorado

This means that after you have been accused, you are not able to have any contact with the named victim through the duration of the restraining order. If you attempt to maintain contact with the victim, this is a separate criminal charge. Any third party contact also counts, so it’s not a good idea to contact someone who knows the victim in an effort to get in touch with them. One of the most common misconceptions about domestic violence charges in the state of Colorado is that a victim can drop the charges.

In Colorado, The Prosecutor Can Drop Domestic Violence Charges Under Certain Circumstances

Colorado laws states that a prosecutor is not able to drop domestic violence charges unless they believe that there is not enough evidence to prove the case at trial. This means that the victim can attempt to contact the district attorney multiple times to request that the charges be dropped and that the case will still proceed if the prosecution believes they have ample evidence.

Don’t say anything if you have been accused of domestic violence. It is strongly recommended that you invoke your right to remain silent because anything you say could be used in the case against you. Do not contact the victim in this case rather schedule a consultation with your attorney immediately.

Get Help With  Your Colorado Domestic Violence Charges

A Colorado domestic violence defense attorney will assist you with outlining a strategy to protect your rights going forward. You cannot afford to make mistakes in these cases as this could follow you for many years to come and heighten the possibility that you will be convicted of domestic violence. Your reputation and your freedom are on the line. Don’t hesitate to get help.

 

Will I Automatically Go to Jail When Accused of a DUI?

If you have been accused of driving under the influence in the state of Colorado, you need to be prepared to understand that the consequences can be strict and severe. You will not necessarily go to jail immediately after being accused of a DUI as the officer in charge will review your case specifically and determine whether or not you will be going to jail.

However, if you are convicted of DUI, jail time is a potential penalty. The first possibility of jail time will come after a DUI arrest. Those individuals who are suspected of impaired driving may be arrested as long as they have not been involved in a serious vehicle accident and require immediate medical attention. After you’ve been arrested, the other stages of your case that could lead to jail time for your Colorado DUI is when these end in convictions. The amount of jail time imposed in your sentence will depend on whether or not the DUI involved death or injuries, whether the individual involved has previous DUIs and the blood alcohol content of that individual.

If there are no aggravating circumstances associated with the case, possible jail time will depend on whether or not this is the person’s first DUI conviction and their level of blood alcohol content. The minimum jail time for a first DUI conviction with a blood alcohol content of less than 0.20% is five days but this could be extended to as long as one year.

Subsequent DUI convictions will of course carry more significant penalties and should be taken seriously. You need to retain an experienced criminal defense attorney in Colorado immediately after you have been accused of a DUI as there are very high stakes on the line.

If you were put in jail and accused of a DUI with more aggravating factors, you can’t afford to leave your defense up to chance. You need a lawyer on your side who will investigate the evidence and help you with next steps.

 

What Do I Need to Know About Colorado’s Ignition Interlock Laws?

There are two different sets of procedure in the state of Colorado that you must be aware of if you have been accused of a DUI. These are your judicial and your administrative procedures.

It is important to consult with a Colorado DUI attorney immediately so that you can avoid many of these consequences or at least be clear about your administrative license revocation procedures. Many people choose to focus only on the criminal aspects of their DUI allegation and this can leave off the opportunity to gain benefits of your administrative license revocation procedures. Colorado is one of 42 states across the country that has implemented interlock procedures.

This means that your license can be confiscated right away if your blood alcohol content is higher than 0.08 or if at the scene of the allegation, you refused a BAC test. Your license will either be revoked or suspended at that point even though you were not formally convicted in a criminal trial. You could also be charged with an administrative license suspension even in cases in which you are not later charged with a driving under the influence allegation.

These actions are designed to be separate from and in addition to your traditional DUI conviction penalties such as jail time, license suspension, the mandate of an ignition interlock device, jail time and drug and alcohol rehabilitation.

You may be eligible to receive a temporary driving permit for a 7-day grace period and during this time you can also request a hearing to challenge your case. It is important to retain an attorney if you intend to challenge your case as this will be your only opportunity to protect your administrative rights.

If you have an ignition interlock, you’re responsible for having it installed, dealing with any maintenance issues, and paying any fees around it.

 

Do I Have to Come Back to Colorado to Face My DUI Charge?

If you were recently arrested for driving under the influence in the state of Colorado, there are many different questions that need to be handled immediately and with the support of an experienced criminal defense attorney.  Being charged with DUI likely leads you to ask many questions, but you have to get organized with your defense strategy immediately if you intend to proceed and fight for your freedom. 

More questions can arise if you were arrested in an area that you don’t live in or if you were an outsider visiting Colorado and were charged with a DUI. If you live more than a couple of hours from the area in which you were arrested for DUI you might want to avoid the effort, expense, and frustration of coming back to that city for a brief court appearance.  

However, you have to protect your bail bond and not allow a warrant to be issued for your failure to appear in court. This requires an experienced Colorado DUI defense attorney to contact the court and appear on your behalf. You might need to receive an order from a judge that excuses you from returning to the local area with a primary objective of avoiding you having to appear in court.  This can easily be done if you live out of state.

However, if you live in the state of Colorado you might have to return to appear in court once. If there are any court dispositions, your Colorado criminal defense attorney can arrange for your court costs to be paid by mail, to identify a sponsor in your community if you are required to attend public service, and will help to locate an alcohol education class near your home if you are required to do this as part of your consequences.  Schedule a consultation with a criminal defense attorney in your area to learn more about your options.

What Is Colorado’s Indecent Exposure Law?

Did you know that you could be facing criminal consequences if you are accused of indecent exposure in the state of Colorado? Most people might assume that this is not a serious crime, but as with all sexually motivated or sexually related crimes, you need to schedule a consultation with an experienced criminal defense attorney immediately. Indecent exposure happens in two different situations and is typically a class 1 misdemeanor.

A person can commit indecent exposure if he or she knowingly exposes their genitals to the view of any person under circumstances in which a reasonable person would be alarmed. The purpose of this exposure must be with the intent to satisfy or arouse the sexual desire of another person. A person could also be accused of indecent exposure in Colorado if he or she knowingly performs a masturbation act that exposes the view of any person under the circumstances that such a viewer would be extremely alarmed.

While indecent exposure is typically a class 1 misdemeanor, the consequences can be significantly elevated if the violation has been committed previously. If two previous convictions of a violation of this nature have already occurred and are on the person’s record, indecent exposure can be classified as a class 6 felony.

Any type of alleged sex crime can follow you for months or years after it happens. Even being accused carries the weight of serious concerns and anxiety since you’ll likely be worried about how this will affect your reputation and your job prospects.

These situations can have serious consequences and might also require compliance with sex offender registration requirements if convicted. This is why it is so important to retain the services of a lawyer who recognizes the possibility for you to have this issue following you for many years to come. A consultation with an attorney is necessary for protecting your best interests.

 

What’s the Difference Between Colorado DUI and DWAI?

Have you recently been accused of DUI or DWAI in Colorado.  It’s important to understand the distinctions and the varying consequences.  A Colorado DWAI and DUI arrest will result in two different cases in addition to a DMV action associated with possibly suspension of your license, a court case, and maybe different consequences associated with the outcome of that case.

You can be charged with DWAI, driving while ability impaired, DUI, driving under the influence of alcohol or drugs, or both.  A DWAI in the state of Colorado is considered a lesser offense and you will likely be charged with this if your blood alcohol content was 0.05% or higher.

Impaired means that you have consumed intoxicants such as drugs or alcohol that could impact you to a degree in which you are substantially incapable physically or mentally of having adequate physical control or clear judgment.  If your blood alcohol content is 0.08% or higher, you could be charged with DUI, regardless of the driving pattern directly.  DUI charges in the state of Colorado are based only on bodily chemistry.  DUI penalties in Colorado can include up to a one-year license suspension, up to a year in jail, and up to $1,000 in fines for your first conviction.

The consequences are more serious for a second or subsequent conviction.  A second conviction can lead to a license suspension and possible jail time as long as a year and fines of up to $1,500.  You need to retain an experienced criminal defense attorney in Colorado if you have already been accused of DUI or DWAI.

What Those Accused of Crime Should Know About the Colorado Sex Offender Registry

If you have been accused of violating certain sex laws in the state of Colorado, you could face numerous consequences upon conviction including having to register as a sex offender.

A sex offender registry is a database of information about convicted sex offenders that is accessed and maintained by law enforcement. Every state has their own registry system and a person who has been convicted of specific sex offences as well as offences against children has to register at the law enforcement agency in the town or city in which he or she lives after being released into the community.

This person usually needs to re-register every single year and sometimes more frequently as well as whenever he or she moves. It could be classified as a criminal offense if a person moves and doesn’t update or fails to register at all. An offender might also be required to register with law enforcement. Information that the public can obtain about a sex offender include an offense, name and aliases, current address and photograph. The website might also include a physical description, additional information about the official sex offenses, date of birth, and the date of the offense.

If your name shows up on this registry, people might be concerned about buying a house near you or employing you. Even for a mistake made years ago for which you paid fines and served your jail time, the sex offender registry is one big way that this issue can follow you for years to come.

All of this information can follow a person who has been accused of a crime for many years to come and this is why the support of an experienced criminal defense attorney in Colorado should be retained immediately in order to protect the best interests of a person who has been accused and might face these consequences.

 

Victim Claims in Sexual Assault Cases

Any victim who claims that he or she has been assaulted is likely to be taken seriously even if you believe the charges are bogus. This is why being accused should immediately prompt you to hire an attorney to represent your interests.

It is very important for a person who has been accused of sexual assault in Colorado to understand how any of the following situations affecting a victim can ultimately lead to a conviction of sexual assault. Many people are under the impression that sexual assault means a very restrictive definition, but this is not always true, and this can make it very hard to fight back when a victim brings forward brings forward a seemingly legitimate claim of sexual assault. A defendant can be convicted in Colorado of sexual assault if any one of the following aspects are true about the victim:

  • The victim was confined to a prison, jail, hospital or another facility in which the defendant used their authority in that particular situation to coerce the victim into sexual contact.
  • The victim is sleeping, unconscious, inebriated or otherwise unable to give consent.
  • The victim is not able to interpret or understand sexual contact, either due to their mental abilities or their current age.
  • If the victim is 15 years old or even younger and the accused is 4 years or older and isn’t married to the victim.
  • The victim is between 15 and 17 years old and the accused is at least a decade older and not married to the victim.

Unfortunately, sexual assault and rape come with serious sentencing and penalty issues. Sexual assault and rape in Colorado can range all the way from a class 1 misdemeanor to a class 2 felony, based on the individual circumstances of the crime. Most of those crimes are subject to indeterminant sentencing. If you have already been accused of committing a crime like this in Colorado and need help with your legal rights, schedule a consultation with a lawyer today to learn more.