I have worked with police, the prosecution and courts all throughout Colorado for 20 years. I have noticed that there is something wrong with the mindset of the District Attorneys in Weld, Morgan and Logan County. A couple of years ago I worked with a client who was charged with Aggravated Incest – C.R.S. 18-6-302 and Sexual Assault on a Child – C.R.S. 18-3-405. After the trial, he was found not guilty by the jury. They determined that he was not a sex offender. How then was he charged in the first place? The District Attorney makes the decision to file charges based on a few key factors which are flawed.
1. They Are Influenced by the Police
District Attorneys in Weld County are up for elections – they keep this in mind when they are working with police. In my client’s case, the two detectives never asked the alleged victim any difficult questions. Instead, they joked and kidded, and looked for every opportunity to catch the bad sex offender. Police officers get promoted when they help with successful convictions, not when the “bad guy” gets away. Because of this, when a “victim” turns up, officers tell the DA that they want to prosecute. If the DA doesn’t prosecute, the police will be upset and a rift will be created. DA’s don’t want this to occur – they want to make friends in preparation for reelection. Police and DA’s work together – it is better for both parties if the relationship is a positive one. This creates an unfair bias.
2. Pressure from the “Victim”
Alleged victims are dangerous to a DA. They can go to the local news sources in Greeley, Fort Lupton and Wellington to complain; they can speak with a victim’s rights group, or go directly to the DA’s boss if they are unhappy. Pleasing a “victim” is very important for their reelection, because the “victim” is sympathetic to the voting public. DA’s often ignore holes in a case in order to appease the accuser – ignoring obvious motives to lie.
3. Pressure of the Public
You may have noticed that when election time arrives, people have a general attitude toward any given elected official. This comes from the media and general opinion. If a DA sides with a “victim” and catches “the bad guy,” then they are more likely to be viewed favorably by the public. No one cheers when a person the public views as a “dangerous sex offender” gets set free.
If you have been charged with a crime in Weld, Morgan or Logan County, you need to understand why your case is going forward when there’s little evidence. Everyone in government has their own goals: From the judge to the court clerk, from the police to the District Attorneys in Weld County – they are all looking out for themselves and their careers.
If you are fighting a criminal case in Windsor, Greeley or Erie, you need a friend you can trust who can fight the District Attorneys in Weld County. You need someone who will fight to protect your life. Come to our office and meet us – we offer a free initial consultation and want to meet you in person. If you have been contacted by police, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office at 970-616-6009, or submit the “Get Help Now” form. Together, we can protect your future.
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