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On August 18, 2006, Margera was arrested at the Colorado Mills Mall in Lakewood, Colorado, on suspicion of inappropriately touching two 12-year-old girls. He was released after posting bail of $50,000.[8]

During a preliminary hearing on February 1, 2007, Margera was represented by Pamela Mackey, the same lawyer who defended Kobe Bryant in his 2003–2005 sexual assault case.[9] There was an arraignment hearing on March 5, 2007, at which Margera pleaded not guilty.

The trial started on October 22 in Golden, Colorado. Margera's attorney argued that his client had been playing his "goofy, outrageous and vulgar" television persona for the girls,[10] portraying Margera as a "benign bumbler", and arguing that Margera's signature arm movement may have been mistaken for breast fondling.[11]

The jury began to deliberate on the afternoon of October 30,[12] returning on October 31. Margera was found guilty of two counts of sexual assault on a minor and acquitted on one count.

In December 2007, Margera was sentenced to 10 years of probation, to be served in Pennsylvania. He was further ordered not to portray the character of "Don Vito" in any capacity (appearing on television, writing books, autograph signings) while serving his sentence. He was also ordered to register as a sex offender in Colorado and Pennsylvania, to receive an evaluation of his mental health, and to work on his problems with alcohol.[13]

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