CONSEQUENCES OF SEX OFFENSES:

Sex offender laws in Colorado are incredibly complicated and severe.  Many sex offenses in Colorado carry the possibility of a life sentence in prison or a life sentence on probation. The penalties can often be harsher than in many homicide cases.  If you have been accused of a sexual offense against an adult or a child, it is imperative that you hire an attorney who specializes in defending those cases.

  • “Lifetime Supervision/Prison – Indeterminate Sentencing:
    • In 1998 the Colorado legislature enacted the “Sex Offender Lifetime Supervision Act.”  The Act imposed lifetime supervision for multiple felony sex offenses, regardless of whether the person was sentenced to prison or probation.
    • Many felony sexual offenses mandate an “indeterminate-to-life” prison sentences.  Indeterminate-to-life means that if you are sentenced to prison you will not be released, regardless of the sentence imposed by the judge, until prison (DOC) believes that you can be suitably managed in the community.  In short, you won’t be released until the prison says you are ready to be released.  It is, for all intents and purposes, a lifetime sentence, because there is no way to definitively predict when somebody may be released.
    • If somebody is released on parole from an indeterminate-to-life prison sentence they will be placed on parole for 20 years-to-life.  If they violate parole they can be remanded back to prison for an indeterminate-to-life prison sentence.
    • Although probation is often a possibility in certain felony sex offenses, many require indeterminate probation, which can be 20-years-to-life.
  • Sex Offender Intensive Supervision Probation (SOISP), Parole and the Sex Offender Management Board (SOMB): The Sex Offender Management Board (SOMB) makes policy for how sex offenders are to be evaluated and treated, whether in the community (probation/parole) or in custody (jail/DOC).  Sex offender probation is one of the most difficult forms of probation because it usually involves multiple restrictions, including what kinds of jobs you can hold, where you can live, whether you can access the internet, etc.
  • Sex Offender Evaluations (Offense Specific Evaluations or Psycho-sexual Evaluation):  Almost all sex offenders are required to complete a sex offender evaluation (also called an Offense Specific Evaluation or a  Psycho-sexual Evaluation) before any sentencing.  The evaluation is to be completed by somebody who is certified by the SOMB to complete such evaluations.  An evaluation can be done in furtherance of plea negotiations (pre-plea) or it can be done after conviction and prior to sentencing.  The results of the sex offender evaluation can have an enormous impact on how the case resolves and whether a person is sentenced to prison/jail or probation.

IF YOU ARE GRANTED BOND OR PROBATION:

  • Restrictions prohibiting contact with minors: A frequent condition of bond or supervision/probation if you have been charged with or convicted of a sexual offense is no contact with children. This can include your own biological children.
  • Internet, travel and living restrictions: A condition of your bond or your supervision/probation may limit or restrict your ability to access the internet. You may be prohibited from living in certain geographical areas based on their proximity to minors (e.g., schools, etc.) and national and international travel can be restricted if you are accused of or convicted of a sexual offense.
  • Sex offender registration:  Most persons who are convicted sex offenders are required to register as a sex offender, though there are some exceptions (e.g., juveniles may not have to register for certain offenses).  Registration requires the sex offender to register with the local law enforcement agency (where they reside) quarterly or annually for as short as the term of their supervision up to the rest of their natural lives.  Sex offenders may petition a court to deregister once their requirements to register have ended.

HOW WE CAN HELP:

  • Pre-file:  The best time to get a lawyer is before arrest or before a case is filed or what is often referred to as the “pre-file” stage.  Although it can often be difficult to anticipate what a police investigation has revealed a good lawyer can influence an investigation in a positive way and sometimes prevent a case from being filed in the first place. Sometimes, an arrest is inevitable and all a lawyer can do is work to minimize an individual’s time in custody.
  • Charges have been filed:  If you have been charged with a sexual offense it is imperative that you obtain an attorney as soon as possible.  Because the penalties in Colorado are so severe, it is important that you hire somebody who has experience representing people charged with sex offenses, is familiar with the SOMB guidelines, the law, and is a capable trial attorney.
    • Plea agreements:  Most criminal cases, including sexual offenses are resolved through a plea agreement.  Any good lawyer must engage in plea negotiations, even if their client is opposed to a plea offer. 
    • Trial:  Some cases are not able to be resolved through a plea agreement, either because the prosecutor is unwilling to extend an appropriate offer (or any offer at all) or because the client is innocent.  Sex offense trials can be incredibly complicated – particularly when they involve children or multiple victims.  Not every attorney who practices criminal defense is equipped to defend these types of cases. 
  • You have been convicted and you want to challenge your conviction or petition to remove yourself from the sex offender registry:
    • Appeal from Conviction:  If you have been convicted at Trial you have the right to appeal your conviction to a higher court. In Colorado, a Notice of Appeal must be filed 49 days after sentencing.  An appeal is to attack any legal errors that may have occurred at Trial.  A person who has been convicted may also raise a challenge that they received deficient advice or their lawyers or that their lawyer was ineffective in their representation.  A Motion for alleging ineffective assistance of counsel generally needs to be filed between six months and three years after sentencing.
    • Removal from the sex offender registry:  If you weren’t convicted of certain felony sexual offenses or more than one offense involving unlawful sexual behavior in your lifetime and you have completed your requirements for sex offender registry, you may be eligible to petition to remove yourself from the sex offender registry.

IF YOU ARE CHARGED WITH A SEX OFFENSE, YOU NEED AN ATTORNEY WHO HAS SPECIFIC EXPERIENCE WITH THOSE CASES.  CHAD HAS HANDLED THOUSANDS OF SEXUAL OFFENSES, INCLUDING MANY TRIALS THAT HAVE RESULTED IN ACQUITTALS.  CHAD SPECIALIZES IN DEFENDING THESE CASES AND HAS TRAINED OTHER LAWYERS HOW TO DEFEND THESE CASES. 

In need of some advice? Need to know the next step you should take?

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