Due Process and Unlawful Sexual Contact:
People accused of Domestic Violence (DV), Sexual Assault, or Unlawful Sexual Contact often feel as if they’ve been convicted before they even stand trial. When it comes to high profile, high emotion DV or sexual assault cases, due process – and common sense – is often tossed out the window in a feeding frenzy of media attention and misplaced public outrage.
The recent high profile case of former Colorado District Attorney Myrl Serra is a great example of a case where our aggressive, consistent pursuit of a defendant’s right to a fair trial was essential to protecting his due process.
Here’s What Happens to Your Fair Trial
- Those arrested for Domestic Violence are required to post a high bond
- The DV arrest is frequently in the papers and on the news
- All your friends, peers and the community know of the Unlawful Sexual Contact arrest – but don’t know the facts
The typical bond terms are usually set at your first or second Court date (usually a brief argument with no evidence), and include the following:
- Pre-trial supervision – essentially probation based on a mere accusation
- No contact with anyone under 18 – including your own children
- You will not be allowed to live in your own home if children reside there – regardless of whether the crime involves children
- No computer use – if you use a computer at work you will likely lose your job; there are rarely exceptions to this
- You won’t be allowed to leave the State
- No alcohol or drugs – including prescription drugs or medical marijuana
- The alleged victim will have more rights than you – seemingly nothing can be done without their approval
- No media retractions – the papers and TV news rarely report the countless cases where sexual assault charges are dismissed by the judge, or dropped by the prosecutor, even if they reported the accusations aggressively
Remember, you too can find yourself in this position: accused, embarrassed – even jailed – before the gavel ever meets the bar.
Let us start fighting for you.
If you’re accused of Domestic Violence, Sexual Assault or Unlawful Sexual Contact, you need an attorney experienced in this field, who knows the prosecutors, judges and system.
Contact us today for your free consultation, and we’ll fight for you and your family’s right to due process.