What Are The Major Areas Of Sex Crime Cases That You Handle?
We handle all types of sex crime cases in our firm. They are broken into misdemeanor and felony offenses. A general distinguishing feature between the two and once again, this is a generality, is the nature of the contact. If it is contact only, with no penetration, or whether it be penetration with any part of your body, then generally speaking, those are misdemeanor offenses. As soon as we have any type of penetration, we are now dealing with something quite a bit different. That would be a felony offense, and the more severe the penetration, or the number of times that it occurred, the age of the victim, or the mental capacity of the victim are aggravating factors of how severe a felony, or sex offense this would be.
Should I Contact An Attorney Before I Am Arrested If I Suspect I Am Being Investigated For A Sex Crime?
Yes, you should contact an attorney before any arrest, absolutely. It does not necessarily have to do with a sex offense. If you think that you are the focus of an investigation, I think it is vitally important to contact an attorney. If you think you are being investigated for any crime, do not hesitate in calling an attorney. You do not know what is going on, or possibly know what the ramifications will be. Therefore, it makes sense for you to reach out to a qualified attorney, sit down with him or her, and go over what you believe is happening.
There is the confidentiality between you and your attorney; it is the attorney client privilege. You have to rest assured that whatever you tell them, it is going to stay between the both of you. You will have an idea of where they are coming from as to what possible crimes can be proven. More importantly, you can talk to your attorney about what do I do now, as I am waiting for the possibility of charges filed against me. Once again, silence is golden. You need to keep your mouth shut. You need to limit the amount of evidence that the prosecution could or should have.
There is nothing you can do about witnesses, and there is nothing you can do about what people have already said. The police have a right to investigate any possible crime. They are going to reach out to everybody who falls into that investigation, but it also means they are going to reach out to you. It is bad enough when people say you did something, but when you say you did it, that is damning evidence right there, that is a confession. Those are very difficult to overcome, and that is why it is so important for the police to try to make somebody confess, because it is the most damning of the evidence and, if they have it on paper, audio, or videotape, it is going to be very difficult for you to modify that statement. Especially, if the case goes to trial and they have all this evidence.
Anything you say later on would be inconsistent, and they could impeach you on that if the case went to trial. Not all this information is known to a layperson, and that is why it is vitally important that if you believe you are the focus of an investigation, that you reach out to an attorney. The attorney can make calls to law enforcement agencies, the DA, or the state attorney’s office, and find out if there is an investigation, then he or she can instruct you on what the proper way of dealing with this until, and if charges are filed.
What Should Someone Do If They Are Arrested For A Sex Crime?
Once again, the thing is to keep your mouth shut, and stay quiet on any arrest. You are going to be pleased if you are not in custody. They are going to release you on bond, and they are going to have conditions of bonds, such as no contact with the alleged victim, and no contact with kids under the age of eighteen depending on what the allegations are. They might give you a curfew, and depending on the charges, the knowledge your attorney has, and his or her relationship with the DA, or the state attorney’s office, your defense attorney might say he listened.
It might be a good time for you to get into some sort of counseling now. We can use this for mitigation purposes when I am dealing with the state’s attorney’s office later on. Once again, depending on the facts of the case, your defense attorney will be privy to everything the prosecution plans to use to try, and obtain a conviction against your client. I have been practicing law for twenty-nine years now. I can look at a police report, and over a very short period, I can make a determination as to whether the state has a legitimate case, and whether I feel the state is in line to prove my person guilty beyond a reasonable doubt.
If the state has a strong case, then we need to gather as much mitigating evidence as possible. Mitigating means information, or evidence, which would tend to show why the prosecution, or more importantly, why the judge did not come down heavy against my person such as, “Your honor, my client got into counseling and he has been diligent in doing so. We have a letter from his therapist, and a letter from the treatment facilitator showing that he has been involved in sex offender counseling, or anger control counseling, and he is doing great.”
Information like this helps our case down the road. On the other hand, if the state does not have a strong case against my person, and I do not believe the state can prove my person guilty beyond a reasonable doubt, well then, there is not nearly the necessity that we get him or her involved in this counseling beforehand. If the state ultimately does not give us what we want, at least we know that we have a strong case. If we take the case to trial, it is going to be difficult for the state to overcome their burden of beyond a reasonable doubt.
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