Defenses Available When You Are Facing Sex Crimes Charges
There are many potential defenses to the various sex crimes in Florida. Knowing that a large number of these cases involve only two people, the alleged victim, and the alleged assailant, prosecutors will file and pursue sex offenses even where the evidence appears weak and/or the victim lacks credibility. For these reasons, as well as many others, a person being charged with a sex-related offense in Florida should always be adequately represented.
The experienced criminal defense attorneys at the Law Firm of Scott T. Moorey are aware of situations where a minor has told a story to their parent or friend that has then gotten someone arrested for alleged “child molestation” and sexual abuse.
Some times the stories are made up the story either by the minor or an angry family member who puts the idea in the minor’s head, or asks the minor to lie for them. Our attorneys try to uncover the truth. Regardless of the reason, innocent people are being accused of, and sometimes wrongfully convicted of, lewd and lascivious acts with a child.
Know Your Rights
You should never provide a statement to the police without having a criminal defense lawyer present. The police detective may tell you they just want to chat, and aren’t requesting a formal statement. They may also tell you that remaining silent will hurt you but talking to them will help you.
This is frankly not true. The police can say almost anything, even lie to you to try and get you to speak with them. Under no circumstances should you discuss what may or may not have happened.
Anything you say can and will be used against you. While you think you may be helping yourself, what you say may be misconstrued or misinterpreted and used as evidence for the prosecution. You don’t have to help them build a case against you. There will be plenty of time for you to explain yourself and have your side of things heard, but giving a statement to the police during their investigation can only hurt you.
It’s not just a statement to the police that can be used against you – it’s anything you say to anyone. Don’t discuss the allegations with anyone except your attorney in confidence. Your words could get misinterpreted, misheard or even manipulated in a way so they sound bad. Even if you are 100% innocent of these charges, keep quiet. Demand to speak with your attorney.
Remaining silent goes beyond the spoken word or phone calls. Do not compose any text messages, Facebook posts, e-mails, or any other form of written communication. Don’t let your own words be used against you. Don’t help the police and prosecutors get evidence to convict you.
The same is true if the police request to search. Unless they have a search warrant or other legal justification for a search, you are within your rights to decline a request to search. Often the police will say, “If you have nothing to hide, you don’t mind if we look around, do you?”
Stand firm. Politely, but firmly decline any request to search. Just like in declining a statement, why would you help them build a case against you? Do not agree to a search of your car, your house, your computer or for your DNA. Demand to speak with your attorney
Building An Aggressive Defense
An investigation into a sex offense which implicates you will change everything in your life. Before formal charges are made, call us. We will take the time to investigate each case, as each is unique and has its own set of circumstances.
We will review the charges and formulate a strategy to pursue the end results you need. We have trial experience and are willing to go the distance for our clients. If necessary, we are skilled negotiators and will work on pleas to reduce the charges and avoid time in jail. We know how to challenge evidence recovered from a computer and can often stop such evidence from coming before a jury.
The police and state’s attorney are attempting to build a case against you. Don’t sit back and wait, hoping it will all just go away. You are also the best source of information to help yourself. By working on your case from the earliest possible moment, you put yourself in the best position to defend yourself.
Schedule A Consultation With Our Lawyers Today
There are many potential defenses to sex crimes cases. If you, a friend, a family member or a loved one either has been or may be accused of being involved in a sex-related offense, then you should consult our sex crimes defense attorneys at the Law Firm of Scott T. Moorey immediately. They will help you understand the charges, possible defenses, the legal system and your rights. Call us today at 239-603-6312 or fill out our online contact form today for a free consultation. We have offices in Fort Myers and Naples. We serve Hendry, Glades, Collier, Lee and Charlotte counties.