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Colorado Court: Don’t Imply Proof of Sex Crime, Just Argue Your Case

Legally Reviewed by Shazam Kianpour on August 11, 2026

All criminal allegations are not equal.

Some accusations leveled by Colorado police officers and prosecutors come with comparatively heavy consequences. Take sex charges, for example, which we spotlight on our website at the Denver law firm of Shazam Kianpour & Associates. We underscore from the firm’s long experience and proven advocacy the need for a defendant to find an experienced criminal defense lawyer focused on how to fight sex crimes charges.

The penalties that can ensue from a Colorado sex crimes conviction render clear why timely, on-point, and aggressive legal help is imperative. Criminal downsides potentially include these outcomes:

  • Lengthy prison term, sometimes for life
  • Lifelong probation
  • Mandatory participation in a treatment program
  • Registration on sex offender registry, with ongoing reporting requirements
  • Adverse lifetime stigma that can mar opportunities across a broad spectrum

Criminal authorities aggressively pursue convictions in sex crimes cases, and that resolve can invite exacting scrutiny from Colorado appellate courts focused on irregularities or misconduct in how a case was prosecuted.

That was on display in one case involving the conviction of an individual on multiple sex assault charges. An appeals panel ruled that a detective testifying in front of a jury improperly spoke about the process behind investigating the case and about officers’ own determinations of probable cause to file criminal charges.

The appellate court found that testimony supporting investigators’ assumptions of guilt during the pretrial phase could improperly influence a jury. The court stressed that the detective’s testimony “implied that the police and the prosecution had screened the case for sufficient evidence and … believed [the defendant] was guilty.” The conviction was reversed, and a new trial was ordered.

Why This Kind of Testimony Crosses a Line

Colorado’s rules of evidence generally do not allow a witness, including a police officer or detective, to tell a jury what conclusion to reach about a defendant’s guilt. A detective can describe what they observed, what evidence was collected, and what steps were taken during an investigation. What a detective cannot do is suggest to a jury that the case was already screened and approved for prosecution because investigators were satisfied the defendant committed the offense. That kind of testimony asks the jury to defer to the investigator’s judgment instead of weighing the evidence for themselves.

Appellate courts take this distinction seriously in sex crimes cases in particular, because these cases often turn heavily on witness credibility rather than physical evidence. When testimony nudges a jury toward assuming guilt before the defense has fully argued its case, the risk of an unfair trial increases substantially.

What This Means for Anyone Facing a Sex Crime Charge in Colorado

A case like this shows that a conviction is not the end of the road, and that how a case was tried matters as much as the underlying facts. It also shows why a defense attorney needs to scrutinize every witness’s testimony in real time, not only the physical evidence. Improper testimony that goes unchallenged during trial can be far harder to correct after the fact, even when an appeal ultimately succeeds.

Our sex crimes FAQ answers additional questions we hear frequently from people facing these charges in Colorado.

Facing a Sex Crime Charge? Talk to Our Team

At Shazam Kianpour & Associates, our attorneys have defended clients against sex crime allegations throughout Colorado for decades. We know how a single piece of improper testimony, or a single procedural misstep, can change the outcome of a trial, and we hold every witness and every piece of evidence to that standard.

If you or someone you love is facing a sex crime charge in Colorado, reach out through our confidential contact form. We offer free initial consultations and are available 24 hours a day, seven days a week.

Frequently Asked Questions About Sex Crime Trials and Appeals in Colorado

Can a police officer tell a jury that they believe the defendant is guilty?

No. Colorado law does not allow a witness, including a detective, to tell a jury that investigators or prosecutors already screened the case and concluded the defendant was guilty. Testimony like that can improperly influence the jury’s own assessment of the evidence.

What happens when an appeals court finds this kind of improper testimony occurred?

When an appellate court determines that improper testimony likely affected the outcome of a trial, it can reverse the conviction and order a new trial, as happened in the case discussed above.

Why do sex crime cases receive close appellate scrutiny in Colorado?

These cases often depend heavily on witness credibility rather than physical evidence, which makes any testimony that nudges a jury toward assuming guilt especially significant. Appellate courts examine these cases closely because the risk of an unfair trial is higher.

Does winning an appeal mean the charges are dropped?

Not necessarily. An appeal that succeeds because of improper testimony typically results in a new trial, not a dismissal of the charges. The case can still be retried without the improper testimony.

About the Attorney

Shazam Kianpour

Founding Attorney

Shazam Kianpour is the founding attorney of Shazam Kianpour & Associates, P.C. He earned his J.D. from California Western School of Law in 2004, was admitted to the Colorado Bar the same year, and began his career as a Deputy State Public Defender before founding his own Denver based criminal defense practice.