It happens all the time now. A school teacher is charged with molesting – having sex with – an underage student. One hardly knows what to make of these news stories. Undoubtedly, some of the accusations are true: teachers have confessed to these crimes and in many cases the cell phone, audio, and video evidence are conclusive. Still, not all of the accused teachers can be guilty, and one suspects that receiving a bad grade may be as likely to generate a sexual assault accusation as an actual molestation incident. Sex crimes are viewed as heinous, and the stigma that accompanies a conviction can negatively impact the rest of your life. If you’re charged with a sexual assault anywhere in the New York City area, you’ll need skilled and effective legal help; consult an experienced Long Island criminal defense attorney at once.
False Accusations
One person’s accusation is almost never sufficient to persuade a jury, except when a defendant is charged with a sex crime. No one wants to think that such an accusation might be false, but an experienced criminal defense attorney knows that false accusations of this nature are made in courtrooms across the nation. These cases can be tough to defend; typically, jurors are inclined to convict unless they can be shown why an alleged victim would make a false accusation.
What could motivate the false accusation of a sex crime? Among other things, jealousy, money, revenge, or saving face. An experienced criminal defense attorney should clearly comprehend an accuser’s possible motivations. When a defense attorney claims the defendant did not commit the crime, jurors will expect an explanation as to why someone would make such a destructive, false allegation. Should the defense attorney fail to satisfy a jury on this count, a conviction is the most likely consequence.
Circumstantial evidence may help in some cases, but in many sex crime cases, it doesn’t. Jurors usually have to draw conclusions from circumstantial evidence; it doesn’t always speak for itself. When an alleged victim claims rape and a defendant denies the charge, DNA, hair follicles, and blood evidence may be introduced to prove physical contact, but such evidence says nothing regarding consent or lack of consent. It doesn’t tip the scale either way.
Most jurors are willing to give defense attorneys some space in their efforts to discredit accusers, provided the defense attorney is not launching an unwarranted verbal assault attack against an alleged victim. However, where the thin line lies between a gratuitous attack and a legitimate series of questions can be difficult to discern. It can take years for an attorney to learn how to question witnesses and where to draw lines in sex crime cases. You do not want an inexperienced or incompetent attorney representing you if you’re charged with a sex crime.
What to Do If You’re Accused or Arrested
First and foremost, you should contact an experienced New York sex crimes attorney to defend your rights and work towards the best possible outcome for your case. Besides this, the best piece of advice that an attorney can give to someone in this situation is to remain silent. Many defendants believe they have to wait for the police to instruct them that they have the right to remain silent, but that is not the case. Your right to remain silent is constant–and you should always exercise it, especially if you are being arrested for a sex crime in New York.
Talking to a police officer without a lawyer present will not do you any good. Sometimes, defendants try to talk to the police officer to assert their innocence, but you should never do this without a lawyer present. Police officers are recording every statement that you make and they will use these against you in a court of law. Your statements can easily be taken out of context and misunderstood by the judge and jury.
Remember, the consequences of a sex crime are very serious and can affect you for the rest of your life. This is not a time to take chances and try to talk your way out of the charges. Instead, rely on an experienced Long Island sex crimes attorney to do the talking for you. If they are concerned that invoking the right to remain silent will somehow make them look guilty, those accused of criminal offenses in New York should consider how much more guilty they will look if they are sent to jail or prison because of their own statements to investigators.
If you find yourself accused of this kind of crime, you need an aggressive criminal defense lawyer to fight for your rights and your freedom. It might be the most significant decision you ever make. Don’t gamble with your freedom. If you are charged with a sex crime, contact an experienced criminal defense attorney immediately.
Sex Crime Consequences
If you’re convicted of a sexual assault, you face fines and prison and you’ll be forced to register as a sex offender. You’ll face restrictions on where you can live and work, and your neighbors can learn all about your conviction simply by going online and googling your name. Your friends and family may turn their back on you after a conviction. An angry ex-spouse or girlfriend, a resentful student, or a jealous neighbor or coworker can make the charge for any reason whatsoever, and it’s your word against theirs. Still, to convict you, a prosecutor must offer proof of your guilt beyond a reasonable doubt. That’s where a good Long Island criminal defense lawyer can help.
If you’re charged with sexual assault, get aggressive legal representation. Prosecutors take sex crimes seriously; you will be prosecuted to the full extent of the law. Your best hope for staying out of jail, winning a dismissal of charges or an acquittal, and clearing your name is to contact an experienced Long Island criminal defense attorney as early as possible. If you’re accused of a sexual assault, don’t hesitate to stand up for yourself and to get the help you really need.
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