Sex Crimes

If you believe you are under investigation in a sex crime matter, call a lawyer as soon as possible. The repercussions of a sex offense allegation are too serious to ignore. Public pressure for successful prosecution and stiff sentencing in sex crime matters is very high. With very rare exceptions, Colorado felony sex crimes carry the possibility of a life sentence and many felony sex crimes also carry mandatory minimum prison sentences. The mere allegation of a possible sex crime can give rise to an assumption of guilt.

A conviction of a sex crime in the State of Colorado also exposes a defendant to a number of collateral consequences, such as sex offender registration, specialized sex offender treatment, DNA testing, restrictions on contact with children—even your own—and other significant consequences. This atmosphere of intense scrutiny makes a quality criminal defense essential. To discuss your case in a confidential, free initial consultation, please contact one of our experienced sex crime defense lawyers.

The trial attorneys at Taylor & Rapp, LLP, have successfully defended clients in a wide range of Northern Colorado sex crime cases. We offer non-judgmental, professional criminal defense services in matters involving:

• Rape
  
• Indecent assault
  
• Statutory sexual assault
  
• Deviant sexual intercourse
  
• Sexual abuse of children
  
• Internet sex crimes
  
• Possession of child pornography
  
• Corruption of minors
  
• Sex offender registration violations
  
• Statutory rape
  
• Sex with a minor
  
• Unlawful sexual contact

If you have been accused of any sex crime, call an experienced defense attorney immediately. Make sure that the defense attorney has significant prior experience handling serious sex offenses and the highly specialized legal issues and strategies these cases require. The trial lawyers at Taylor & Rapp, LLP have the prior experience necessary to properly defend someone charged with a sex crime. If we can't help you with your case for any reason, we can refer you to other criminal defense lawyers who can.

The Duties of a Criminal Defense Lawyer

I recently ran across an excellent law review article describing the duties of a criminal defense lawyer. Written by California criminal defense lawyer, Cristina C. Arguedas, her description of the clarity with which she approaches her professional responsibilities really resonated with me:

The duty of a criminal defense lawyer is to defend his or her client vigorously, aggressively, and completely, within the bounds of the law. I think one of the first things that attracted me to the practice of criminal law is the clarity of the mission of a criminal defense lawyer. There is but one duty, one loyalty. That is to defend the client.

I consider it a great luxury to spend my life's work in a setting where my responsibilities are utterly unambiguous. There are very few aspects of life in which a person does not have divided loyalties or competing interests that need balancing. In contrast, the obligation of a criminal defense lawyer is absolutely simple and clear. We have one focus, one responsibility, and one loyalty: it is to our client without egard to any other fallout from the result of our case or for our actions. Not only is our responsibility clear, it is noble. We have one of the few jobs in the world which is mandated by the United States Constitution.

A criminal defense lawyer owes his or her client the duty of loyalty, and its related duty to avoid any conflict of interest which would hinder or harm the lawyer's ability to remain absolutely faithful to the client. Both the American Bar Association's Standards of Criminal Justice (Defense Function) and the Colorado Rules of Professional Conduct firmly establish these duties. Rule 1.7 of the Colorado Rules of Professional Conduct addresses a lawyer's duty to avoid all conflicts of interest with current clients. Both the United States Constitution, by the Sixth Amendment through the Fourteenth Amendment, and the Colorado Constitution guarantee a criminal defendant the right to the effective assistance of counsel—which includes, among other requirements, that a defense lawyer be free from any conflict of interest.

The duty to defend the client without regard to any divided loyalties or any other fallout provides a criminal defense lawyer with the clarity and focus to vigorously defend the client against the frightening power of the government. When all of an advocate's energies are applied to achieve this duty, it can be a truly liberating experience for the lawyer—and hopefully for the client as well.

Why Do You Need a Criminal Defense Lawyer?

We're often asked by someone charged with a crime (or a by a concerned friend or family member), "Do I really need a lawyer?" The answer, almost without exception, is "Yes."

A criminal defense lawyer is the one person who stands between you and the awesome power of the government. The sad truth is there are many people in prison in the United States who have been convicted of a crime they did not commit. Either that, or they have been convicted of a more serious crime than they actually did commit.

Any individual accused of a crime in this country has only one thing going for him or her—the right to effective assistance of competent counsel. Over the past several decades sentences have become increasingly harsh, striking fear in the hearts of most defendants as well as their lawyers. As a result, many defendants are told to plead guilty to crimes they did not commit because their lawyers are either unwilling or unable to fight for their freedom.

The simple truth is that the best possible result comes from a position of strength, not weakness. The only way to defend from a position of strength is to think "outside the box," to find innovative approaches that relate to the specific set of circumstances for each defendant and his or her case, and to develop strategies that give each defendant the best possible hope of success. All of these tasks take enormous effort.

Consider carefully when deciding who you want to represent you. Does the lawyer approach your representation with his focus on you and your particular situation? Does the attorney have the experience and reputation to follow through on his promise that he will fight for you? You do not need to love your criminal defense lawyer when you retain him. You need to love him when the case is over. Second chances in the criminal justice system are rare—and even then, second chances are very expensive and usually come with a prison sentence until set right.

So you need to have the right legal representation as early as possible. Give yourself the best possible chance to prevail by making the best possible choice now. You need a criminal defense lawyer who understands that his job is to serve your needs—and to fight hard.

What Can A Criminal Defense Lawyer Do For You?

When people are accused of a crime, they face the terrible possibility of going to jail. A good criminal defense lawyer will represent anyone committed with a crime to the best of his or her ability. Sometimes good representation results in no jail sentence; sometimes good representation means that the person charged with a crime--the defendant--serves less of jail sentence than they normally would have.

Criminal defense lawyers negotiate with prosecutors and can often arrange for reduced charges or lesser sentencing. Good defense attorneys will:

• Formulate sentencing programs tailored to a client's specific needs, often helping defendants avoid future brushes with the justice system.
• Provide a defendant with a "reality check"--a knowledgeable, objective perspective on their situation and what is likely to happen should their case go to trial. This perspective is vital for a defendant trying to decide whether to accept a prosecutor's offered "plea bargain".
• Constantly educate themselves in order to stay familiar with all the various important legal rules and cases because much of criminal law is "hidden away" in court interpretations of federal and state constitutions.
• Know which local court customs and procedures that aren't written down anywhere. (For example, a lawyer may know which prosecutor has the "real" authority to settle a case, and what kinds of arguments are likely to appeal to that prosecutor).
• Understand the possible "hidden costs" of pleading guilty which a self-represented person might never think about.
• Spend crucial time thinking about and working on their client's case.
• Gather information from prosecution witnesses.
• Hire and manage investigators, who may be able to locate evidence to impeach (contradict) important prosecution witnesses who embellish or change their stories at trial.

It's crucial for anyone charged with a crime to consult with a skilled and knowledgable criminal defense lawyer. Many, if not most, criminal defense lawyers don't charge a fee for an initial consultation.

(Hat tip to Scott Greenfield at Simple Justice.)

Welcome to the Colorado Criminal Defense Blog

This is the first post for the Colorado Criminal Defense Lawyer Blog. I hope to contribute posts that will be helpful to anyone seeking more information about criminal law and procedure in Colorado, or seeking to hire a criminal defense lawyer.

If you would like to learn more about me, please visit my law firm's website at http://www.northcolaw.com/.