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O'Malley Law Office, P.C. > Articles by: Terry O'Malley

Posts by Terry O'Malley

Unlawfully and Uncomfortably Carrying a Concealed Weapon

Unlawfully and Uncomfortably Carrying a Concealed Weapon

Posted on September 9, 2015June 30, 2016

During a routine traffic stop, a woman and her boyfriend were arrested for possession of methamphetamine. I’m sure the police felt like the arrest was pretty routine until they got to the police station. It was at this point the woman admitted to having a loaded .22-caliber semiautomatic handgun in her possession. Where was this Continue Reading

Criminal Mischief in Fort Collins | ‘Wore’ Is Not An Insult

Criminal Mischief in Fort Collins | ‘Wore’ Is Not An Insult

Posted on September 4, 2015June 30, 2016

I don’t know if we in Larimer County have just become to reliant on spell check, or if a mistake was just made in the passion of the moment, but misspelling an insult truly does take the sting out of it for your target. For example, a woman was recently arrested for Criminal Mischief after Continue Reading

Disorderly Conduct in Fort Collins | How Dare a Person Show Some Patriotism

Disorderly Conduct in Fort Collins | How Dare a Person Show Some Patriotism

Posted on September 2, 2015June 30, 2016

At a time when our country is not at its best, why wouldn’t we relish a moment when somebody uses ‘The Star Spangled Banner’ to bring Americans together? You would have to ask that question to the police officers who cited a man for Disturbing the Peace and Inciting a Riot. The man was cited Continue Reading

Impersonating a Police Officer in Fort Collins | What Some People Will Do For Sex

Impersonating a Police Officer in Fort Collins | What Some People Will Do For Sex

Posted on August 31, 2015June 30, 2016

A man was arrested for Impersonating a Police Officer and False Imprisonment after an incident with a prostitute. According to the news report, the man approached the prostitute told her he was a police officer and that he would arrest her if she did not have sex with him without a condom. After his arrest, Continue Reading

Unlawful Discharge of a Firearm | Do the Charges Fit the Crime?

Unlawful Discharge of a Firearm | Do the Charges Fit the Crime?

Posted on August 27, 2015June 30, 2016

Whether you think of your pets as members of the family, or your property, generally owners want to protect them. So, it was no surprise to me when a Fort Collins man made the choice to shoot a bear that had entered his backyard and was threatening his dog. I was surprised, however, to find Continue Reading

False Reporting in Fort Collins | A White Lie Turns into a Criminal Offense

False Reporting in Fort Collins | A White Lie Turns into a Criminal Offense

Posted on August 26, 2015June 30, 2016

When a night shift nursing assistant didn’t return from a break, it raised suspicions. A concerned co-worker called the nurse assistant to check-in on her and she told the co-worker her boyfriend was holding her against her will. Obviously worried that the nurse may have been Kidnapped or the victim of False Imprisonment, the co-worker Continue Reading

Sexual Exploitation of a Child in Fort Collins | Subway Spokesman Faces Prison

Sexual Exploitation of a Child in Fort Collins | Subway Spokesman Faces Prison

Posted on August 21, 2015July 1, 2016

A man made famous for losing over 200 pounds by eating Subway sandwiches has been all over the news for another reason: child pornography. In early July, federal agents raided the spokesperson’s home and seized several computers and DVDs. The news reported that the defendant is ready to plead guilty to the child pornography charges Continue Reading

Self Defense in Fort Collins | Is it a Real Defense Strategy?

Self Defense in Fort Collins | Is it a Real Defense Strategy?

Posted on August 18, 2015July 1, 2016

Often when a person has been accused of Assault, Menacing, or Harassment, they claim they acted in self-defense. While it can be an overused excuse, it is actually a valid defense in Fort Collins, Loveland, and Estes Park. As an Affirmative Defense, it is commonly overlooked and misunderstood, but can be very useful for creating Continue Reading

Will I Face Jail Time for My Criminal Conviction in Fort Collins?

Will I Face Jail Time for My Criminal Conviction in Fort Collins?

Posted on August 14, 2015July 1, 2016

Judges face a myriad of choices when it comes time to sentence someone convicted of or who plead guilty to a criminal offense. Penalties range from a simple fine to incarceration in a Colorado Department of Corrections prison. Anyone with a misdemeanor conviction faces probation or a potential sentence of serving time in the Larimer, Continue Reading

Will I Face Prison Time with My Felony Criminal Conviction Sentence in Fort Collins?

Will I Face Prison Time with My Felony Criminal Conviction Sentence in Fort Collins?

Posted on August 12, 2015July 1, 2016

When a person is convicted of or pleads guilty to a crime, a judge must decide an appropriate punishment. Judges can sentence a person to probation, community corrections, jail or prison time depending on the circumstances. Sometimes with certain crimes and situations, the law requires a period of incarceration. Let’s take a closer look at Continue Reading

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    Sexual Assault on a Child-Not Guilty at Trial; Attempted Sexual Assault on a Child and Promotion of Obscenity to a Minor– Not Guilty at Trial; Sexual Assault charges related to divorce– Acquittal from jury trial; Sexual Assault on a Child and Possession of Child Pornography– Acquittal from jury trial; Sexual Assault charges involving divorce and child custody– Acquittal from jury trial; Sexual Assault on a Child, Position of Trust– Not guilty at trial on all Counts; Sexual Assault on a Child, Position of Trust– Dismissed by District Attorney during trial; Sexual Assault on a Child– Acquittal from jury trial; Sexual Assault on a Child (3 alleged victims)– Acquittal from jury trial; Sexual Assault on a Child by School Teacher-Charges not filed; Sexual Assault on a Child, Position of Trust– Acquittal from Jury Trial; Aggravated Incest & Sexual Assault on a Child– Not Guilty on all 12 Counts; Kidnapping and Rape (Sexual Assault)– Dismissed; Menacing– Charges Dismissed; Homicide (Murder) with a Deadly Weapon– Dismissed by District Attorney; Menacing– Acquittal from Jury Trial; Assault in the First Degree on Police Officer and Menacing– Judgment of Acquittal During Trial; Felony Assault on Police Officer– Acquittal from jury trial; Domestic Violence– Dismissed by District Attorney; Domestic Violence, Elderly– Dismissed by District Attorney; Arson of Nursing Home– Dismissed by Court on Defendant’s Motion to Dismiss; Burglary and Felony Theft– Dismissed by District Attorney; Theft of Drugs by Nurse– Dismissed by District Attorney; 4th Degree Arson– Dismissed by District Attorney; Felony Drug Distribution– Acquittal from jury trial; Felony Marijuana Possession (large quantity)– Deferred judgment and sentence; Felony Drug Possession– Dismissed at Motions Hearing by suppression of evidence; Juvenile Sexual Assault on a Child– Dismissed by DA; Deregistration of Juvenile Sex Offender; Sexual Exploitation of a Child and Child Pornography– Deferred Judgment; Internet Sexual Exploitation of a Child– Deferred Judgment; Sexual Exploitation of a Child (Child Pornography)– Dismissed the day of trial; Felony Child Abuse– Acquittal from jury trial; Animal Cruelty– Acquittal from jury trial; Commercial DUI– Dismissed at DMV and Deferred judgment and sentence at trial court; DUI Department of Motor Vehicles– Dismissed following hearing; Petition to Deregister Sex Offender– Granted by Court; Failure to Register as Sex Offender– Dismissed; Petition to Seal– Granted over District Attorney’s Objection; Violation of Restraining Order– Dismissed by District Attorney; Felony Interference with Public Transportation– Dismissed after misdemeanor deferred judgment and sentence; Felony Violation of Bail Bond Conditions– Dismissed by District Attorney;
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