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The Law Offices of Paul S. Geller, P.C

What To Do If You Are Arrested For A Sex Crime?

  • Published: May 23, 2017

Get An Attorney Involved As Soon As Possible And Do Not Give Any Statements

The most important thing to do when any type of sex crime allegation is brought forth, whether it involved using the internet, physical contact or allegations between the parties, is to get a lawyer involved immediately because of the procedures these cases take.

Usually, a complaint is made to a police officer and then they assign it to a detective. At that point the detective can use many tools to try to build a case because all they would have is a verbal allegation with very little physical evidence. The victim alleged that someone did something to them. Internet types of crimes would usually involve some texting or some sort of evidence that resulted from the form of use of the internet, although most of the time it would simply be a statement.

Having a lawyer involved before there is any contact with law enforcement by the alleged suspect is critical because then the attorney can then become the mouthpiece for the person who accused.

Anytime the accused is interviewed by a detective or law enforcement on their own, they are subjecting themselves to assisting investigators to build a case against them. They do not know what evidence or what allegations have been made per se, although they may have a general idea.

Having an attorney step in and become the mouthpiece and the shield is critical because any information the attorney shares does not count as evidence, whereas anything a person says certainly would. Without knowing exactly what the specifics are regarding the allegations, the person would only be hurting themselves by answering any questions, even if it seems like it was simply a denial.

Law enforcement officers are heavily trained to obtain information from people and then write that information in the police report, even though sometimes it may be an inaccurate interpretation.

Sex crimes are typically handled in a way called vertical prosecution, meaning the DA usually is involved in the investigative part of the case, not just once it got to court. They guide the investigation, guide the questioning and would are able to work to “build” that case.

Law Enforcement Can Ask The Victim To Contact The Accused To Help Collect Evidence

Many sex cases have what are known as pretext calls or contact arranged by law enforcement. This is when someone is accused of some type of inappropriate contact and law enforcement receives the complaint. They then would utilize the alleged victim by having them call the suspect with their direction. The law enforcement officer would listen in and record the conversation.

The law enforcement officer will typically have the victim questioning the alleged suspect, and they say something along the lines of “Why did you do this to me? How could you do this?” Some of the phraseology and the terms may end up being rather general but law enforcement can twist it and use it against an alleged person.

The person usually has no idea the call was actually recorded and being used to build a case against them.

This has happened many times. Unfortunately although there are some legal issues that can be challenged in court, speaking with the alleged victim and then talking to law enforcement if asked to provide a statement, is the worst thing a person could do. By then it is typically too late once they have basically corroborated the complaints.

Hiring An Attorney To Defend A Sex Crime Would Not Make The Person Look Guilty

The idea of not wanting to appear guilty to law enforcement is an understandable apprehension to contacting an attorney. Although that is just the way our system works and most defense attorneys who know what they are doing, who handle these types of cases, are well known with the prosecutors and have a reputation with prosecutors for working together.

There is mutual respect between the attorneys, so notwithstanding the fact that their job is to try to build a case, prosecutors understand that in the real world people hire lawyers for all types of different situations. They also understand that when an alleged suspect hires an attorney, it does not necessarily mean guilt.

It Would Be Very Important To Have Experts Available For These Cases

Experts are extremely important in sex crime cases because when an investigation of this type comes forward, even in the internet arena, having someone knowledgeable about how internet crimes operate and the technical side of the dissemination of child pornography and things of that nature can be extremely important.

Experts in physical cases are also very important from the beginning because they can start framing a determination of whether or not the initial investigation being conducted on the law enforcement side is accurate, complete or even irrelevant.

Oftentimes, forensic experts or examiners miss things so having someone on board from the get go to be able to analyze, review, look at what the prosecution’s expert did or did not do is important.

This is why it is extremely important to involve an expert to gain a better idea about their opinion on a case. It can have an effect on whether there is a bias later on in court because they already have information from one side or the other.

For more information on Use Of Attorney And Experts In A Sex Crime Case, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (626) 714-3112 today.

Paul S. Geller

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