Internet Luring Offenses
Internet Luring offenses are common in Colorado. Like many sex offenses, these can carry "indeterminate" sentences to prison, or lifetime probation. These cases most often involve internet communication by instant message. The defendant is unwittingly speaking to a police officer posing as an underage person. This has become a subject of interest for the Denver media, and on occasion, television reporters will follow these cases through court.
Indeterminate Sentence Means Life
Only sex offenses carry "Indeterminate" sentences, which in reality means life in prison. Once an indeterminate sentence has been given, the Department of Corrections, not a judge, will decide if the defendant ever gets released. Likewise, there is lifetime probation, in which failure can result in a life prison sentence.
Sexual Assault charges are very serious, especially in the State of Colorado. Only a well-trained, and skilled trial attorney will meet your needs. Sexual assault is an emotionally charged subject, and juries are often biased in favor of the alleged victim, especially in cases where the alleged victim is a child. Many of these cases carry a to life sentence, which means that the Department of Corrections, not the Colorado judge, will determine whether you remain in prison for life. Since the law was written this way in 1998, there are no known cases of anyone being released from prison, even though they have completed the lower portion of their sentence (i.e. 2 years in a 2 years to life sentence).
The requirements of probation, and the consequences of violating probation, are both quite serious. Lifetime supervised probation, lifetime therapy, registration as a sex offender, loss of career potential, and public humiliation are some of the possible results. Any Denver criminal defense attorney will tell you that the requirements placed upon the client are outrageous, and the probation, as a whole, sets the defendant up for failure. It is a policy of containment of the individual, not one of rehabilitation.
If you plead guilty to a sexual assault, you must submit to a pre-sentence evaluation and a sex-offense specific evaluation. Penile plethysmographs, or some other means of measuring sexual arousal are included in this evaluation process. A penile plethysmograph is a device which is connected to the man's penis, and measures whether there is any arousal. (There is also such a device for women.) While connected to this machine you are shown photographs so that your arousal response can be measured. The pictures you are shown may stimulate any normal person, but because you have been labeled a sex offender, any response is considered a failure.
You will be required to take lie detector tests. If any of your answers are inconclusive, (they can't tell if your lying or not) this is considered a failure of the test and you may be sentenced to prison. If you don't participate aggressively in your treatment, or if you do not admit to doing the crime during treatment, you will likely have your probation revoked, and you may go to prison.
What you must consider...
A skilled criminal defense attorney has a stronger likelihood of getting you a favorable result. The prosecutors know who may have the ability to beat them at trial, and who doesn't. An attorney that is known to be thorough, well-organized, and skilled in trial will demand a better plea offer than one without those qualities. And if the case does go to trial, only an attorney that has a complete understanding of the unique evidence rules in sexual assault cases can win. It may be a battle to get evidence helpful to you admitted into your trial, and seen by the jury. Even if you win that battle, you then need someone who can argue the facts convincingly.
In sexual assault cases where there is strong evidence against you, you may have to accept a plea offer. In a case like this, a busy defense attorney may be tempted not to invest a lot of time investigating the case, since the case is a loser anyway. This is a mistake. Often, there is evidence out there which decreases the strength of the prosecutor's case against you. This can force the prosecutor to deal the case, for fear that he or she will lose at trial.
I have the experience and skill needed to take control of your case. I have a strong trial record when defending the accused. I believe in thorough investigation, whether the case will go to trial or not, so that you are in the best bargaining position possible.