Top expertise Oceanside defense attorney for a sex crime accusation, David Pflaum, knows from over 25 years of experience the best ways to defend a client accused of a sex offense.
An accusation of a sex offense comes in many varieties ranging from solicitation of a prostitute to sexual assault, sex with a minor, statutory rape, child abuse, rape, indecent exposure, and child molestation.
Accusations of a sex crime are often easy to make, but not necessarily easy to prove. Just because someone claims to be a victim of a sex offense does not make it so. An experienced criminal defense lawyer fights for your rights.
HOW THE DEFENSE ATTORNEY HELPS HIS CLIENT BEFORE COURT
Investigation: If you are the subject of an investigation and the police, a detective, or a child protective services workers wants to speak with you, you should seek the guidance of an experienced criminal defense attorney to protect your interests.
During an investigation the defense attorney advises you of your constitutional rights, speaks to the police, a detective, or a social worker on your behalf to defend you and to prevent an arrest or criminal charges in court.
Get Information to the Prosecutor: In some cases the defense lawyer can also prepare helpful information that is favorable to the client to be delivered immediately to the prosecution’s office with the goal of persuading them not to file charges in court and to release the client.
HOW THE DEFENSE LAWYER HELPS HIS CLIENT AFTER AN ARREST
An accusation of a sex crime arises in many different situations ranging from indecent exposure to child abuse, rape, prostitution, intercourse with a minor, statutory, rape and child molestation.
Almost all people suspected of having committed a sex crime are arrested and put in jail.
Get Released From Custody: If you or someone you know has been arrested and put in jail for an accusation of a sex offense, the defense lawyer helps the person get out of jail as soon as possible before the first court date, or during the first court date at arraignment.
The procedures to get a person out of custody depends on the circumstances of the alleged crime and the present status of the accused, i.e., ties to the community, employment, ownership of property, age, health, prior criminal record, military experience and character references.
Click on the following words to learn more: get out of jail now.
STRATEGIES FOR THE SUCCESSFUL DEFENSE OF A SEX OFFENSE ACCUSATION
Many people who claim to be a victim of a sex offense have reasons not to tell the truth, have prior criminal records that make them less believable, or there are circumstances that make their claims less than credible.
Defenses: It is always helpful to examine closely the alleged victim’s statements and conduct and the background of the alleged victim to prove that she or he is not to be believed.
Often times the statements of the witnesses show that there are problems with the believability of the witness, such as a step-child or previous girlfriend or boyfriend who is angry or jealous
There may be a defense built around the lack of credibility of the alleged victim since the background of the alleged victim may show previous false claims, or a claim based on a lawsuit to collect money
Sometimes a witness has a reason not to tell the truth or an ulterior motive that can be used to show that the accusation is not provable beyond a reasonable doubt
Another defense to a sex offense charge may be consent. A person’s willingness to participate in sexual activity can be a complete defense
The alleged victim has made similar claims against others which proved to be untrue. This factor can be used to discredit the witness and throw the case out of court
The alleged victim is just trying to make money based upon the accusation and therefore is less believable. This defense might be based upon bias or motive to fabricate
A lack of evidence or sufficient proof. Some sex offenses rely on medical records and reports of medical providers that may not be convincing
Some cases rely on testimony of undercover police officers or secret tape recordings which might show that the accusations are not provable in court. This defense could involve insufficiency of the evidence
Tape recordings and video evidence can also be used to prove the defense of entrapment, meaning that the accused did not initially have the criminal intent to commit a crime.
Plea Bargain: The plea bargain process is also a proven method of successfully defending against a charge of a sex offense.
WHAT IS A PLEA BARGAIN
Criminal Charges: The plea bargain is a vital part of the criminal justice system that involves an agreement between the criminal defense lawyer, his client, the prosecutor, and the judge to dismiss or reduce the original criminal charges.
Punishment: The plea bargain usually includes an agreement about the terms of the punishment such as no prison time, reduced or no time in local jail, alternatives to serving time in jail, community service, and reduced fines.
Other Terms: There are usually many other terms and conditions that may be the subject of a plea bargain that include educational programs, public work service, rehabilitation, community service, sex offender registration, payment of restitution (damages), counseling, and voluntary service.
HOW THE DEFENSE LAWYER GETS THE BEST POSSIBLE PLEA BARGAIN
Defense Strengths: Good plea bargains come about because the criminal defense attorney knows his client well, investigates the case, carefully reviews the police reports, the medical records, DNA, fingerprints, videos, photographs, tape recordings, 911 calls, forensic evidence, witness interviews, and everything else associated with the case to develop the strengths of a case.
Prosecution Weaknesses: By the same process the criminal defense attorney develops weaknesses in the prosecutor’s case such as inconsistencies in witness statements, problems with the arrest or the investigation, discrepancies in the conduct of the investigating officers, missing or inconclusive evidence, and problems in the forensic evidence.
Effective Presentation: The criminal defense attorney then makes a persuasive presentation to the judge and prosecutor about the strengths of his client’s case, and weaknesses of the prosecution’s case, to achieve an excellent plea bargain for his client.
JURY TRIAL
In some cases, depending upon the circumstances, the evidence, and the client’s desires, the case may proceed to jury trial where defense lawyer Pflaum has extensive experience.
The defenses at trial depend upon the circumstances, the evidence, who the witnesses are, physical evidence, the background of the client and the alleged victim, and police officer testimony. The credibility of the complaining witness and admissions by the accused are usually the most important aspects of a trial for a sex crime.
Defenses at trial depend upon the nature of the criminal accusation and the evidence, but commonly include the following.
- Lack of witness corroboration
- Insufficiency of the evidence
- Lack of medical records corroboration
- Motive to lie
- Alibi
- Bias of the witness
- Consent
- Improper police investigation
- Violation of constitutional rights
For cases that cannot be settled with a plea bargain, or should not be settled with a plea bargain, the defense attorney is prepared to take the case to jury trial.
The prosecution must be prepared to prove each and every element of the alleged sex crime beyond a reasonable doubt and to convince 12 independent jurors that the accused is guilty. This process is filled with opportunities for the accused to successfully be defended by Mr. Pflaum.
The right defense will depend upon the facts and evidence of the case. Every case is different. Each client is unique.
The most common defenses at trial are noted above under the “Strategies” section. For more valuable information about the jury trial process, click here: Jury Trial.
PROVEN RESULTS
Click on the words results, trials, or testimonials to learn more about how the defense attorney can help you with a defense regarding a sex crime.
Contact us today to evaluate your case
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