If you are accused of a sexual offense, you will be arrested!
You will be taken into custody until you have to appear in front of a Judge. The Judge will set the conditions of your bond. It does not matter if you are guilty or innocent. It does not matter if you confessed to the sexual offense or have no idea what you are even being accused of or even who is accusing you. It does not matter if you have an extensive criminal history or if you have no experience with the legal system. The conditions are generally a one size fits all for any sexual offense! Who will stand up for you? If you feel that you are being treated as if you are guilty until proven innocent, you are not alone.
The conditions the Judge routinely sets are:
- The amount of your bond (case surety or property);
- You cannot consume or possess alcohol (and will be tested for alcohol);
- You cannot consume or possess any drugs without a prescription (and will be tested for all drugs);
- You cannot consume or possess marijuana even if you have a medical marijuana card issued by the State of Colorado;
- You cannot have any contact with the alleged victim (either directly [face to face] or indirectly [email, Facebook postings, tweets] or go to their residence or work). If you work at the same business location you will be ordered to NOT go back to work;
- You will be placed on pre-trial services (which is probation for the entire time your case is pending). You will have to meet with a pre-trial officer. They may order you to complete alcohol and drug testing. They may require you to provide them with employment verification. They may even contact your employer if you have been accused of a sexual offense but not yet proven innocent or guilty;
- You may not be allowed to have any computer use or possess any smartphone (internet capable). If you need internet use for your job, then you will likely lose your job;
- You may be restricted from having any contact with anyone under the age of 18 years of age. If you live in a home with children (even your own children), you will not be allowed to go home. If you have any form of custody or visitation with your own children, you will likely not be allowed to see them until the case is over. You will not be allowed to tuck them in, go to school functions, talk to them on Skype or call them to say goodnight.
This will likely lead to parental estrangement from your kids. This may well cause problems to your children for the rest of their lives. The effect of parental alienation, such as when you are legally forbidden to see your children, was addressed on the Today Show.
A continued theme I hear is that this feels less like a justice system, and more like a political system dispensing justice. In sexual offense cases, everyone seems more concerned with making sure their behinds are covered than justice.
At what point does someone stand up for you and your family?