Should I Hire An Attorney Beforehand If I Am Being Investigated For A Sex Crime?
The smart thing to do, if you are being investigated for any crime, is always to hire an attorney. Never speak to the police or any law enforcement officer without the assistance of an attorney. Capable and experienced criminal defense lawyers do not allow their clients to talk to the police because police officers are well trained to get things out of you which can incriminate you without you knowing. It is not only what you say; it is also what you do not say that can be used against you. When you talk to the police prior to your arrest, and absence of any coercion or other unlawful compulsion, then the courts have held that then interaction with the police officer and the person are a consensual conversation; therefore the Miranda Warning is not required to be given to the person. Miranda warning arose from a case with that name where the court held that when a person under arrest and the police are questioning that person then that person must be warned of his right to consult with an attorney; if the person cannot afford one then the state will appoint one for him or her without any cost; the right to remain silent and not speak with the police; if he chooses to speak to the police then anything said can and will be used in any court proceeding.
Do you have to use an attorney? Absolutely not but whether you have anything to hide or not, it is better and safer not to talk to the police without the assistance of a lawyer. If the police had everything, they needed to charge you, then they would not need to talk to you. If they need to talk to you, their case is probably weak. They need proof and the best evidence they can get is from your own mouth. Hiring an attorney is like an investment; it is like buying insurance. Sometimes, the police may have a rather strong case but they want to talk to you so that a smart and capable attorney is preempted from creating defenses for you or the police want to eliminate or minimize any defenses that your attorney can raise for you and weaken the case made by the police. The strongest evidence against you is always your own words. Your words or written statements in law, even though hearsay, can be admitted against you as admissions. Also your denials or blaming others for the crime may not be allowed as evidence in your favor as the Court has declared these as self-serving and not meritorious of admission as evidence in your favor. Also, except for you exercising your right to remain silent and have an attorney to assist you, your silence to police questions could be used against you.
Any sex crime is very serious as a conviction of even a misdemeanor sex crime carries with it significant consequences (including but nor limited) to Sex Offender Management Board treatment program and also Sex Offender Registration which can be at least five years upon completion of sentence of the original misdemeanor sex crime and not having committed another crime during that period. The Sex Offender Registration period for Felonies are much higher from a minimum of ten years to a lifetime. Also, the Sex Offender Management Treatment Program is extremely difficult and complicated. The success rate for people who are not juveniles is extremely low; which means that it will make it very difficult to be released from the Sex Offender Registration Program or convert your deferred judgment sentence into a conviction permanently. Generally, in most cases sex crime convictions cannot be sealed for adults or expunged for juveniles. This means that these convictions for sex crimes are on your criminal record for the rest of your life. Also, if and when you leave from one state to another you are still required to comply with the new state’s sex offender registration. Any failure even through ignorance or carelessness or forgetfulness could result in another criminal charge to a crime called failure to register as a sex offender. Even if you move from one address to another you have to go through the sex offender registration process and pay fees. You have to renew your sex offender registration every year on your birthday and pay the fees for the yearly registration.
The other collateral consequences, including but not limited, to not having well paying jobs, loss of housing opportunities, not having access to children, loss in personal intimate relationships, not being allowed to visit or migrate to other countries. You are permanently stigmatized. The Sex Offender Registration is on the internet and anyone with basic computer skills can find out that you are a sex offender.
How Can I Help My Attorney Mitigate Circumstances in My Case after I Have Been Arrested?
The first step is for your attorney to argue for a bond to get you out of jail. After that, the most helpful thing you can do is keep your mouth shut and do not talk to anyone. When you are out on bond, the judge may place some conditions on you. Be sure to follow them. Your attorney will obtain your discovery, which is evidence against you. Many times, the prosecutors do not give you everything that you need or entitled to, so you have to keep asking the prosecutors for more. We study it, analyze it, create a strategy to defend you, help in creating mitigation or defenses, and then have a discussion with you and hire an investigator to track down evidence and witnesses. It is extremely important that you stay off social media. Keep quiet and cooperate with your attorney. It is extremely important that you preserve all the evidence you have; including but not limited to, photographs, snap chats, text messages, phone call records, voice mail messages, emails, physical evidence, faxes, correspondence, and cards. Also, beware of any “sting” operations where the accuser or other interested party calls and tries to get you to talk about the allegations. Just say you do not know what the person is talking about and do not want to continue with the conversation and end the call. Most likely the call came at the instance of and directed by the police and is being recorded. They are trying to gather evidence against you. We also then talk to the prosecuting attorney to get your case dismissed (where possible) or obtain the best possible resolution you can live with or fight for you at trial to obtain a not guilty verdict (where possible).
For more information on Hiring An Attorney For Sex Crime Charges, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (303) 557-4425 today.