A sex offense lawyer knows from decades of legal experience that there are many ways to defend a client accused of a sex offense. Defense attorney David Pflaum with over 25 years of expertise protects the rights of his clients and gets the best possible results for them in court.
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 ATTORNEY HELPS YOU DURING THE INVESTIGATION STAGE
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 lawyer to protect your interests.
During an investigation the defense attorney represents the accused, provides advice about how best to invoke one’s constitutional rights, and speaks to investigators on behalf of the accused in order to prevent an arrest and prosecution in court.
HOW THE LAWYER CAN HELP IF SOMEONE IS IN JAIL
Get Released: If you or someone you know has been arrested and put in jail for a sex offense, the lawyer can help get the person released from jail.
The procedures to get a person released from custody depend on many factors. Please see the procedures tab or click on the blue word above.
Get Information to the Prosecutor: In some cases, the 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.
STRATEGIES FOR THE SUCCESSFUL DEFENSE OF A SEX OFFENSE ACCUSATION
The best defense strategy for a client charged with a sex offense depends upon the nature of the accusation, the alleged evidence, the character and background of the alleged victim, and whether the accused has provided any incrimination statements to investigators.
Many people who claim to be victims of a sex offense may 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 necessary to examine closely the witness statements and the background of the alleged victim. Often times the statements and conduct of the alleged victim show that there are problems with his or her credibility. An alleged victim who is not credible will present proof problems for the prosecution.
There may be a defense built around the lack of credibility of the alleged victim based upon the background of the alleged victim. He or she may have made similar claims in the past, may have been shown to be untruthful in the past, or may have a motive to fabricate based on a lawsuit to collect money from the accused.
Another defense to a sex offense charge may be consent. A person’s willingness to participate in sexual activity can be a complete defense.
Sometimes 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.
Sometimes the alleged victim may have an ulterior motive to try to prosecute the accused, such as jealousy or revenge, and therefore should not be trusted or believed. This defense might be based upon bias or motive to fabricate or to lie.
Another example of a defense could be lack of evidence or sufficient proof. Some sex offense accusations rely on medical records, hearsay statements, and reports of medical providers that may not be convincing to prove the case to a jury.
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
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 defending sex offense charges.
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