Indecent exposure & DUI arrest - Colorado Springs - public indecency defense - registered sex offender
Colorado Springs criminal defense lawyer

Adobe Acrobat Reader version 5 or later is required to view .pdf files    Free Download

        Refer to Sex Offender Status section for additional information regarding complications raised by prosecution of alcohol related traffic charges.

        Refer to Sealing Criminal Justice Records section for additional information regarding complications raised by prosecution of alcohol related traffic charges.

        My clients are advised not to discuss facts, law or trial strategy in any offense of a sexual nature or civil nuisance abatement proceeding with anyone other than myself as legal counsel or a private investigator retained as my agent, who is covered by the attorney - client privilege.  Statements to any third person may be grounds for additional criminal charges, even if the other person is a trusted confidant.  In cases alleging a sexual or drug offense, it is quite common for others to be previously or subsequently apprehended and offer information to law enforcement or prosecution in return for reduced charges or immunity (transactional or use).  Because offenses of a sexual or drug nature may be perceived as going enterprises, VNI units of law enforcement recruit confidential informants to gain information.  It would also not be uncommon for a person's confidant to be a confidential informer, perhaps wearing a wire.  Be very careful what you tell or say to other persons - your statements may be used against you at hearing or trial, and the third person's testimony may be involuntarily compelled by subpoena.  Website visitors who are not my clients should consult with your attorney before talking.

CRS 18-7-302. Indecent exposure. 
        (1) A person commits indecent exposure if he knowingly exposes his genitals to the view of any person under circumstances in which such conduct is likely to cause affront or alarm to the other person.
        (2)    (a) (Deleted by amendment, L. 2003, p. 1435, § 31, effective July 1, 2003.)
                (b) Indecent exposure is a class 1 misdemeanor.
        (3) (Deleted by amendment, L. 2002, p. 1587, § 21, effective July 1, 2002.)
        (4) Indecent exposure is a class 6 felony if the violation is committed subsequent to two prior convictions of a violation of this section or of a violation of a comparable offense in any other state or in the United States, or of a violation of a comparable municipal ordinance.

QUICK SENTENCING GRID   CRS 18-1.3-501 Class 1 Misdemeanor Offenses
Classification - Presumptive Sentencing Penalties

QUICK SENTENCING GRID   CRS 18-1.3-401 Class 6 Felony Offenses
Classification - Presumptive Sentencing Penalties

1. two felony convictions - minimum sentence mandatory - no probation  CRS 18-1.3-401(1)(b)(II)

2. Mitigation - not less than one-half the presumptive minimum sentence  CRS 18-1.3-401(6)

3. Aggravation - not more than twice the presumptive maximum sentence.  CRS 18-1.3-401(6)

4. Extraordinary aggravating circumstances - at least midpoint presumptive sentence, not more than twice presumptive maximum sentence.  CRS 18-1.3-401(8)(a)  Examples - crime of violence, on parole - probation or bond when offense committed.  There are many more aggravating circumstances contained in CRS 18-1.3-401(8)

        For more information, I have included an abbreviated summary of statutes regarding criminal sentencing.  It is not intended to be all inclusive, however does contain a summary of basic information pertaining to a range of relevant sentencing penalties. For a summary - refer to

CRS 18-7-301. Public indecency. 
        (1) Any person who performs any of the following in a public place or where the conduct may reasonably be expected to be viewed by members of the public commits public indecency:
                (a) An act of sexual intercourse; or
                (b) An act of deviate sexual intercourse; or
                (c) A lewd exposure of the body done with intent to arouse or to satisfy the sexual desire of any person; or
                (d) A lewd fondling or caress of the body of another person.
        (2) Public indecency is a class 1 petty offense.

QUICK SENTENCING GRID   CRS 18-1.3-509 Class 1 Petty Offenses
Classification - Presumptive Sentencing Penalties

Penalty assessment procedure (pay by mail) may be utilized - CRS 16-2-201

        For more information, I have included an abbreviated summary of statutes regarding criminal sentencing.  It is not intended to be all inclusive, however does contain a summary of basic information pertaining to a range of relevant sentencing penalties. For a summary - refer to

        Alcohol prosecution makes defense of indecent exposure difficult.  Where DUI, DEAC or DWAI, is charged, if the District Attorney Office can make a prima facie case, state law prohibits flat dismissal.

1. a.  Because indecent exposure IS DEFINED as a sex offense, if defendant is convicted of or accepts a deferred sentence to any offense in the case with subsequent dismissal, caselaw defines defendant to be a sex offender.  It is likely that trial will be necessary.
   b.  If the indecent exposure charge is brought in a separate criminal case independent of the alcohol prosecution charging DUI, DEAC or DWAI, that changes the dynamics.  The prohibition against prima facie case dismissal would not exist in the indecent exposure case.

2. Public indecency is NOT DEFINED as a sex offense.  Regardless of the disposition, defendant will not be a sex offender.
   

        Where relevant, I utilize the services of independent professionals.  Rates of independent providers of professional services change periodically and billings are not controlled by counsel.

        If retained by counsel as an agent of the attorney, such independent service providers are bound by the attorney-client privilege.  If retained privately by the client, no such agency or confidentiality exists.

        At the time of your first visit, you will be quoted attorney's fees and estimated costs. The quote will be honored for a period of seven (7) days, after which it is subject to change without notice if this office has not been retained.

        I have included a fees and costs page devoted to clear definition and understanding of first consultation, fees and costs, retainer agreement and terms of representation.  Please refer to the following links.

ELECTION. In most circumstances, I initially make an option offer of 1.) billing to be upon hourly fees, or in the alternative, 2.) quote of a settlement flat fee or a trial flat fee.  Offered fee options will be up to the client, however client's initial election will be final.  Attorney reserves the right to quote hourly fees only without a flat fee offer, or hourly and trial flat fee options only.  Attorney reserves the right to decline any case.