Legal Question in Criminal Law in Colorado

My husband was accused of "unlawful sexual touching of a female". The girl is 14 years old. It was his daughters birthday and a neighbor girl came over. She had been drinking (not supplied by him) and was dancing provocatively and and saying "look at my boobs" and jiggling them. She had two other friends with her and they kept asking him to dance. He refused to dance with them. I guess the girl called the cops and said he was rubbing up on her while they were dancing and she also named another boy. The police handcuffed him and took him to the police dept. They never read him his Miranda Rights and they questioned him over and over and by different cops. They even started yelling at him, saying you did this, just admit it and so on. He didn't and he just kept telling them that. They also questioned everyone at the party and they all made statements saying the girl was lying and what she says happened didn't. He was given a Uniform Summons and Complaint or Penalty Assessment and has to go to court. He asked for a copy of the police report, but they wouldn't give him one. Is that legal? What is he going to court for? What will happen at that time? Does he need a lawyer at the court date? Any help is appreciated.


Asked on 10/28/09, 3:31 pm

2 Answers from Attorneys
Marc Milavitz The Alternative Law Office of Marc Milavitz

Yes, your husband does need an attorney, Depending on the charge, there could be severe consequences, including life in prison. The police do not have to give him the report, but it will eventually be turned over through the DA's office. Without looking at the ticket, it is impossible to determine what he is charged with, but I am assuming it is some sort of sex assault. He should not step foot inside a courtroom without an attorney who is experienced in defending these types of cases, as any misstep can have serious and long lasting negative consequences. I am very experienced in defending people in this situation and have successfully tried a number of these case. Please feel free to give me a call to discuss this matter.

Read more
Answered on 11/02/09, 4:21 pm
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

He needs counsel. Police do not have to give him the report, but it can be had through "discovery". If convicted, he WILL have to register as a sex offender for ten years or the rest of his life. He will also need to move out of the house. Those are the lightest results. He is looking at a maximum of life in prison.

Read more
Answered on 11/03/09, 6:10 pm


Related Questions & Answers

More Criminal Law questions and answers in Colorado