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Statute of Limitations

Statute of limitations generally refers to the length of time prosecutors have to bring charges against a defendant, as measured either by the date a crime was committed or the date it came to the attention of law enforcement. In certain cases involving children, it can also refer to the passage of time since an alleged victim's 18th birthday.

Denver Sex Offender Defense Attorney Andre Guevara continues to see the state push cases involving sex offenses long after a crime was allegedly committed. The advent and application of DNA evidence and other forensic science mean authorities continue to identify alleged defendants years after a crime was reported. Constant changes to the law can also impact a defendant's case and the statute of limitations that applies.

Denver Sex Crimes: Statute of Limitations Defense

The statute of limitations for Colorado sex crimes is different, depending on the charges. This too can impact a client's defense, particularly when the state attempts to charge a defendant in a manner that bypasses the time limits in place on a more appropriate charge. For instance, some sex offenses against children have no statute of limitations, and can therefore be prosecuted for life.

  • Felony Sex Charges: 10-year statute of limitations.
  • Victims Under 18: Prosecutors have until 10 years after a victim turns 18 to file charges of felony sexual assault or unlawful sexual contact with a minor.
  • Failure to Register: The state has three years to file a charge of failure to register as a sex offender against children.
  • Misdemeanor Charges: Of sexual assault and unlawful sexual conduct must be filed within 5 years of the commission of the crime.
  • Other Misdemeanor Sex Charge: Must be filed within 18 months.
  • DNA Exception: When a defendant is identified by DNA evidence, there is no time limit for prosecution as long as the crime was reported to law enforcement within 10 years of occurrence.

Denver Defense: Sex Crimes with No Statute of Limitations

Certain sex crimes against children have no statute of limitations. These include:

  • Child Enticement
  • Sexual Assault, victim under 15
  • Sexual Assault on a Child/Position of Trust
  • Aggravated Incest
  • Trafficking in Children
  • Child Sexual Exploitation
  • Felony Indecent Exposure
  • Soliciting Child Prostitution
  • Pandering of a Child
  • Child Procurement
  • Keeping a Place of Child Prostitution
  • Pimping of a Child
  • Child Inducement
  • Patronizing a Prostituted Child
  • Internet Luring of a Child
  • Internet Sexual Exploitation of a Child

If you are being investigated for a sex crime in Colorado, or have been charged, please seek the advice of an experienced Denver defense attorney immediately. Don't talk to authorities. Don't attempt to negotiate with investigators or the prosecutors. Don't go it alone. Seeking professional legal help offers the best bet to protect your rights, and your freedom.

The Law Office of Andre R. Guevara represents clients facing criminal sex charges in Denver and the surrounding areas, including Aurora, Boulder and Englewood. Each member of our team is committed to keeping you informed and involved in your defense and to fighting for the best outcome possible in your case. For a free and confidential consultation, call 888-265-0044 or contact us through this website.

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  • In the matter of L.C. (2012): Firm hired pre-arrest in a rape case. After extensive investigation, the district attorney's office agreed not to file charges.
  • P. v. B.S: (2011). Arapahoe county trial, client accused of assaulting a police officer with an improvised flame thrower. Client acquitted of most serious charge of assault in the first degree.
  • People v. M.K. (2011): Client charged with felony stalking and violations of orders of protection. Client acquitted of all counts.
  • Araphoe County Attempted Murder trial, client accused of attempting to kill four individuals. Client acquitted of felony charges including all counts of Attempted Murder and client released.
  • P. v. MM (2010): Arapahoe county case involving innocent client mistakenly charged with drug sale. Successfully argued for dismissal of case.
  • P. v. C.B. (2010): Felony drug possession case. Successfully argued for suppression of drug evidence in case where police illegally entered an apartment under the pretense of conducting a child welfare check. Case dismissed.
  • P. v. I (2010): Client charged with inciting a prison riot and faced long mandatory prison if convicted. Successfully negotiated plea for probation.
  • P. v. B-G (2009): Arapahoe County felony case in which client was passenger in vehicle containing over 200 grams of cocaine. Over prosecution's objections, and despite the fact that a co-defendant received a two-year prison sentence, successfully argued to the judge for a sentence of probation.
  • P. v. J. (2009): Felony identity theft case in Arapahoe County. Client wrongly accused of being involved in a scheme to defraud when in actuality client was a victim of the same scheme. Case dismissed.
  • P. v. E. (2009): Client falsely accused by third party of illegal weapons possession of a sawed-off shotgun. Case dismissed after attorney investigation into accuser's background and the allegations.
  • P. v. O (2009): Client charged as look-out for alleged felony cocaine drug sales. Case dismissed.
  • P. v. C. (2008): Client accused of public indecency for changing clothes in a secluded part of a park. If convicted, client would have had to register as a sex offender. Client acquitted at trial of all counts.

Law Office of Andres R. Guevara
1733 High Street
Denver, CO 80218
Phone: 720-256-2306
Toll Free: 888-265-0044
Fax: 303-333-9493
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