Unfair Treatment for Sex Crime Accusation: Contact with Kids & GPS - What to Do

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How will a sex crime conviction affect your life? Sex crimes defense attorney Terry O'Malley explains the effects of a conviction of a sex crime, and how a conviction is different from most other cases. There is unfair treatment for a sex crime accusation - contact with kids is limited, and a GPS monitoring device is used before you are convicted.

When you are charged with any sexual offense, the police will take you into custody. They do this so that you have to post a bond to get out of jail. The reason they want to get you booked, is because they want to take your fingerprints (and DNA in certain cases), and take a photograph so that they have a record of you. They believe sexual offenses are more serious than other crimes.

Presumption of Guilt
The problem with sex crimes is that the court system operates with a presumption of guilt. Here at the O'Malley Law Office, we believe this belief that you're guilty before you've been proven guilty is constitutionally incorrect. This is what happens in sexual offense cases. Judges, police and district attorneys all assume you're guilty of a crime before you've been proven guilty.

No Contact with Children
One of the ways they do this is by requiring you to stay away from children once you've been accused of a sex crime. This means that you may not be able to return to your own home. Or, if you work with children, you may not be able to go back to work. It is unfair that this happens, because you haven't been proven guilty. But, there are ways that we can minimize the effect within the court system. We can ask the court for permission (as a condition of your bond) to have supervised contact with your children, or children at your work.

GPS Tracking Device
Another way in which they assume your guilt, is that they often require you to have a GPS tracking device attached to your ankle. This isn't appropriate in a case where you haven't been found guilty yet.

How We Can Help
Why do judges do this? Courts assume your guilt in sex crimes cases, because they want to reduce their own risk. Judges are like anybody else: They are concerned about their careers. They don't want to have people accused of a sex offense having full contact with children anymore. They want to tighten up the network and know where you are and who you are having contact with. They do this by using GPS monitoring, and by limiting contact with children (even if they are your own kids). This is unfair. But, there are a lot of calculated risks that the court is willing to take if we are able to offer them a certain level of safety for their careers. We are able to work with judges and district attorneys to reduce their risk level, and to show them that there is not a great risk in your specific case. Sometimes, what they'll do is to make accommodations so that you can keep your job, or keep up contact with your own children.

The O'Malley Law Office practices throughout Colorado in Counties such as:
Denver | Adams | Arapahoe | Douglas | Jefferson | Broomfield | Larimer | Weld | Morgan | Logan

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