Sentencing in Colorado
Sex offenses
To be charged with a sex offense in Colorado is to face the harsh penalty of life imprisonment, with no definitive release date, required for offenders with no criminal history. With convictions based on lawful evidentiary standards such as the word of one person, without any corroboration, every possible aspect of these cases needs to be explored.
The State has established a huge bureaucracy dedicated to evaluating and treating sex offenders, the Sex Offender Management Board. Only professionals licensed by this body may evaluate persons who have been convicted of a sex offense through rigorous criteria. For example, most offenders must undergo expensive, intrusive and fallible polygraphs and plethosmographs, with the consequence of inviting new law violations and separate sentences. For example, an offender who stands convicted by shows any reluctance to discuss their offense or complete the mandated program may be returned to the Court on a probation violation.
Initially, the creation of these rigorous sentencing rules was intended as an enlightened treatment-emphasizing structure whose goal was to return the offender to the community rehabilitated. In practice, any indeterminate life sentence on a sex offense must be viewed realistically as a potential life sentence.
Some other consequences to those lucky enough to obtain a probation sentence include sex offender registration, deprevation of contact with minors (even family members), intensive supervision, years of costly treatment, and humiliating public listing. If historically your job or free time involved you with children, there is no way that will be permitted.
Fundamentally, any person charged with a sex offense needs to work with skilled and experienced criminal defense counsel, who have an extensive background with these types of offenses. Such an attorney should be able to investigate, negotiate, litigate, aggressively defend at trial, and be knowledgeable of sentencing procedures. This is not task for the meek accused or their chosen advocate.