Just say "I want a lawyer" — there is nothing you can tell the police today that you cannot tell them tomorrow with a lawyer. Never talk to the police about a sex crime without an experienced defense lawyer.
Important Information about Sex Crimes in Colorado:
Sex Crimes in Boulder and all of Colorado are extremely serious offenses. Most of the charges require a lifetime in prison, possibly lifetime supervision on parole or probation and lifetime registration as a sex offender. Get a good lawyer immediately. Do not trust the prosecution or police to prove your innocence. Most Boulder, Colorado sex crimes are serious felonies.
If you are accused of a sex crime or suspect you might be accused of a sex crime, you should immediately contact an experienced sex crime defense attorney. You should not speak to police or prosecutors without an sex crime defense attorney. You should not discuss the facts with anyone but your attorney. Call me.
Sexual Assault is often referred to as rape, date rape or statutory rape (CRS § 18-3-402). This is where the "victim" is not a child, but there is not consent, often by use of force, unconscious victim, 10 years older than a 15-17 year old, helpless victim, in custody. This charge requires sexual intrusion or sexual penetration. If there is only sexual contact without consent, the charge would be Unlawful Sexual Contact (CRS § 18-3-404). Unlawful Sexual Contact is usually a misdemeanor. Boulder Colorado sex crimes are treated very seriously by the police and prosecution - your life is at stake, you need a sex crime defense attorney.
Sexual Assault on a Child (CRS § 18-3-405) is where the "victim" is under 15 years old or in a position of trust (meaning under 18 years of age and the actor is a parent, babysitter, teacher, coach or other similar position, see CRS § 18-3-405.3 Sexual Assault on a child by one in a position of trust). If there is a pattern (2 or more times) then the sentence must a minimum of 10 years in prison. Consent is not an issue in sex assault on a child. A child in these circumstances is not capable of consent. All that is required is sexual contact, which can be as little as touching the breast, behind or crotch area inside or outside the clothes. This is the worst sex crime allegation. If might be accused of this, or are being accused, do not spend another minute without a qualified sex crime defense attorney. Call me right now.
Internet Sexual Exploitation of a Child (CRS § 18-3-405.4) is often understood as sexting of photographs or explicit internet photographs. There are many criminal investigators that spend their time on-line trying to catch people asking for naked photos of children under 15 years old. They pretend to be a 14 year old girl who is very forward. They use the lingo of a 14 year old. They use clothed photos of a "flirty teen." They discuss having sex and liking older men. They use chat rooms for adults. The investigator is often an older man or woman working for the police. They will try to get you to meet. They will try to get you to send naked photos. They want you to ask for a naked photo of them. All you have to do is ask for one or send a naked photo of you at any point after they write, "I am almost 15." This is a lifetime offense, meaning potential life in prison, or on parole/probation supervision. A possible lifetime of sex offense registration. If there is an attempt to meet, the crime can be an attempted sexual assault on a child. You can be charged in Colorado even if you do have never been to Colorado. Meeting the police to talk will never help - they are just trying to get more evidence. You will need an experienced sex crime defense lawyer to help you. Call me.
Beware of the Pre-Text Phone Call - A common ploy by police to coerce a confession to sex crime is to have the alleged victim or accuser call you and attempt to get you to discuss the events. Often the alleged victim suggests that s/he will feel better and everything will be OK if you just admit you did something. This happens prior to being charged, arrested, interviewed and often before you are aware that there is a problem. The conversation is designed to get evidence from your mouth to convict you, including agreeing with the accuser on anything, that the accuser said no, that you knew the accuser's age, that you had sexual contact or sex, that you knew s/he was really drunk, and that you apologize for your actions. The conversation is being recorded by the police. The accuser has been coached by police about what to say and how to say it. The police are sitting in the same room as the accuser. If you get this call, politely hang up (immediately) and call an experienced sexual crimes defense lawyer.
False Accusations - False sexual assault accusations are often found during divorce and custody battles. These are used by a parent to gain an advantage or to take revenge. Innocence will not protect you. Only an experience sex crimes lawyer will. False accusations are also found when after a parent starts dating again or when a teen starts getting punished for rules violations. False accusations are common when a child has been sexually abused, but does not want to identify the real perpetrator. A good defense to a sexual assault case often requires a motivation to lie by the "victim."
If there is a possibility that you could be charged, you should talk with no one about the events, other than a qualified sex crime defense attorney. The police are not there to help you. The prosecutors are not there to help you. The accuser's friends are not there to help you. These people believe you are guilty and want to put you in jail. They want you to talk, hoping you will say something they can twist into a confession. Contact a qualified sex crime defense attorney and get ready for the fight of your life. I can help.
These cases can be very expensive. Remember, you are risking your life. There is no better investment than the right lawyer if you are accused of a sex crime.
Even if you are guilty, there is a reason to have an experienced sex crime attorney. The right defense can result in a lessor crime that removes life in prison from the consequences. The right defense attorney can make your plea offer livable. You can only get the right defense from an experienced sex crime lawyer. Call me as soon as you can.