Aggressive Handling Of Sex Crime Cases
Sex crime accusations are among the worst type of criminal accusations that an individual can face. A single accusation can forever alter your life and standing in the community. If you are being investigated or alleged to have committed a sex crime, do not take this situation lightly. The internet and social media allow allegations potentially limitless exposure if they make their way to the public domain. If your case ends up in the media, then expect that many people will form negative opinions and view you as guilty before you have even stepped foot in a courtroom.
Do Not Talk To The Police!
Some people think that it is a good idea to talk to the police about an investigation. Some of the most famous last words are “Well I didn’t do anything wrong, so what do I have to worry about?” The biggest problem here by people of this mindset is the mistaken belief that the police are there to help you. The police are not there to help you. They are there to investigate an alleged sex crime. If the police want to talk to you, it means that they think you might have information to help them secure criminal charges. Most often, this means that you are the target of their investigation. If you are the target of a police investigation, then it is critical to understand how serious your situation may be.
If you are subject to a police interrogation or interview, then it is important to understand that the police will question you to try to get any information that could be used against you. Anything you say to the police will be recorded, inspected, and are typically interpreted in the most negative way possible against you. If the police want to question you about a sex crime, then it is very important that you talk to an experienced criminal defense lawyer before saying anything. A lawyer who has experience with sex crimes in Michigan can help prevent you from ever being charged or from accidentally saying something that could make things worse if someone accuses you of a sex crime.
Most sex crimes under Michigan law are classified under the term “criminal sexual conduct” or CSC. Crimes listed under the criminal sexual conduct statute include rape, statutory rape, and illegal sexual contact.
Experience With All Types Of Sex Offenses
There are many types of sex crimes under Michigan law. Some of the most common sex offenses that our attorneys defend include:
- Sexual assault
- Date rape
- Statutory rape
- Criminal sexual conduct
- Solicitation of prostitution
- Solicitation of a minor
- Child pornography
- Child molestation
- Indecent exposure
- Internet sex crimes
- Illegal sexting
A conviction for any one of these crimes can result in serious consequences. It is important that you have experienced legal help if you are facing an accusation of any type of sex crime. Your future depends on it.
Potential Consequences Of Sex Crime Conviction
If you are convicted of a sex crime, then you face a litany of direct and indirect consequences. Some common consequences of a sex crime conviction include:
- Significant time behind bars
- Excessive fines, restitution, and other costs
- Required sex offender registration under Sex Offender Registration Act (SORA)
- A permanent sex offense conviction that cannot be expunged
- Restrictions on where you can live and work
- The suspension or revocation of a professional license such as medicine, law, or teaching
- Potential loss of custody and parenting time of children
- Cancelation of student or work visa
- Loss of permanent residence (green card)
- Potential deportation if not a U.S. citizen
Other consequences of a sex crime conviction include internet and social media articles and posts that generally cannot be taken down. Being convicted of a sex crime can and likely will affect you in all areas of your life. Don’t leave anything to chance, make sure you have the best defense possible if you are being accused of a sex crime in the state of Michigan.
Sex Crime Defenses
The defense that an individual might use in the face of a sex crime accusation should be based on the facts and circumstances of the situation. Being charged with a sex crime does not take any more than someone pointing the finger at you and claiming that you sexually assaulted them in some way. No physical evidence is needed for a prosecutor to authorize sex crime charges. Because of this, it is critical to have a complete understanding of your case and the potential defenses.
Generally, a prosecutor has to prove your presence when the alleged sex crime was said to have taken place. Were you even there? You don’t have to prove where you were when the alleged acts took place, it is the prosecutor’s burden to prove that you were there when the alleged crime occurred.
If any physical contact is alleged, then that contact must be sexual in nature for a sex crime to be properly charged. If the contact was not sexual, then this can be a legal defense to a sex crime. If the alleged victim gave consent, then this can potentially be used as a defense to a sex crime where the victim is alleging that something was done against their will. Certain sex crime victims cannot give legal consent due to their age or relation to the person that is said to have had improper sexual relations with them.
If there is a false allegation being made, then it is important to locate the motivation behind this false allegation to use this as a potential defense. If the police improperly obtained evidence by violating your Constitutional rights, then you can inform the judge in a motion to suppress to potentially have the evidence against you removed from the case. It is critical to have experienced legal help if you are facing such a serious accusation.
The Importance Of Hiring The Right Defense Attorney
Before deciding who should represent you, you need to ask any prospective lawyers what type of experience they have in similar cases. Experience in cases like this is vital. Some attorneys who have less experience in criminal matters, especially with criminal sexual conduct charges, will advise clients to plead guilty and “do the time.” In one situation where a client was advised to do this by another attorney, we took action and got a 15-count case dismissed. The right experience and a willingness to take your case to the courtroom can make all the difference.
At Williams & Associates, we don’t shy away from sex crime cases because we fully understand the impact these types of charges can have on a person’s freedom and future and standing in the community. We believe every defendant is entitled to a defense, and this is especially true with sex offenses because of the harsh and long-term consequences of a conviction. We help you understand the charges and where you stand so that you can make informed choices at each stage of the criminal justice process. We never start with the mindset of pleading you guilty.
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