What Are My Rights Once I Am Arrested and Charged with a Sex Crime?

What Are My Rights Once I Am Arrested and Charged with a Sex Crime?

Once you have been arrested and charged with a sex crime, the first thing you want to do is get out of jail and contact an attorney. If a bond is set, you want to post that bond. If a bond is denied, you want to have your family or friends hire the best attorney that they can afford. While in jail, you should not talk to your cellmates or on the jail phones because those conversations are recorded. Even once you are released from jail, you should not discuss your case with friends or family members. The only person who you should discuss the case with is your attorney. Otherwise, you might shoot yourself in the foot and open up all of those people you discussed your case with to be subpoenaed by the state on the case and to testify regarding what you told them.

Sex crime cases are unique in that they can be ongoing and there can be additional victims who come forward. Because of this, you need an attorney quickly so that defense witnesses, evidence and alibis can be nailed down as quickly as possible. The last thing that should go without saying is to not talk to the police without an attorney because anything that you say can and will be used against you in court. However, anything that is said to the police by an attorney on your behalf cannot be held against you. So, having an attorney can be a good way of getting information without giving anything up that could damage the case later on.

Should I Hire An Attorney Beforehand If I Am Being Investigated For A Sex Crime? Will That Make Me Look Guilty?

You should absolutely hire the best attorney you can afford. If you are facing a sex crime allegation, don’t be as much concerned about perceptions as you are about defending the case. If you do eventually get arrested for a sex crime, people will assume you are guilty because of the nature of the charge and the way that it’s sensationalized in the media. So, if you can avoid getting charged altogether, then it’s absolutely worth it. There are avenues that an attorney can explore prior to your arrest that can make all the difference and can lead to cases not being charged. One that we use here frequently is a polygraph evaluation or lie detector test. We will send some of our clients to our private polygraph professional who is a former FBI agent and well-respected throughout the state. If we get a good result, then we will take it to the prosecutor or the investigator and try to get the case shelved without further investigation and nothing being left out. If it’s a bad result, then we shelve it and move on with the case. Whether you are guilty or innocent, the first thing that you should do is hire an attorney.

What Happens If The Alleged Victim Recants Allegations Of A Sexual Offense?

If an alleged victim recants allegations of a sexual offense, it probably won’t have much of an effect on the case. This is because the state can pick up and press the charges as long as they are aware of the allegations. If the accuser says that they lied and that they do not want to move forward with the case, the state can move forward if they believe that something did in fact happen. Even if the accuser is completely unwilling to help the state, the state can still subpoena them into proceedings. In rare cases, the state can even put the accuser in jail until they testify. So, there is no automatic dropping of charges just because the victim or accuser wants them to go away. Even if the charges were to be dropped, there is an unfortunate loophole in Georgia that basically allows the state to decide whether or not the charges will stay on the record or be dismissed.

What Are Some Common Defense Strategies Used In Sex Crime Cases?

The defense strategies that are used in sex crime cases depend largely on the specific case at hand. However, they usually boil down to either attacking the credibility of the witness or researching and presenting an alibi defense. Additionally, evidence of prior contact (text messages, Facebook messages, emails etc.) can be used in order to show the police that there was consent. Lastly, we often use polygraph evaluations, which the police and prosecutors usually consider as long as the person who conducts the polygraph test is credible.

For more information on Defendant’s Rights In A Sex Crimes Case, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (678) 726-5400 today.

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