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Barry Boches & Associates

Should Someone Hire An Attorney If They Are Suspected Of A Sex Crime?

Absolutely. The golden rule is you don’t wait until you get questioned. You should get an attorney right away and let the attorney talk for you. So if the police have questions they want answered, you say, “I want to cooperate with you and give you all the answers you want, but the answers must come from my attorney.” Because if you just try to talk to the police, if they’ve got some inkling they think you’re the bad guy, they’re going to warp whatever you say the way they want it to look on a piece of paper. So don’t give that opportunity to them. You should never say anything directly to the police.

If you’ve got a statement to make to the police, make it through your attorney. That way it cannot be used against you. If you talk to the police before you talk to an attorney, you don’t realize the noose you might be slipping over your head. You might be thinking, “I didn’t admit to anything.” You told the police, “I just grabbed her by the boob. I didn’t punch her in the head, so it’s not battery.” The police don’t understand that because grabbing a boob is an insulting and provoking nature contact. But if you could have talked to an attorney, the attorney would have said, “Don’t talk to the police. If they have questions, we’ll answer for them.” But since you didn’t talk to the attorney, now you just admitted you’ve committed a battery, and the state’s got an absolute lock tight case against you.

If you think you’ve got trouble coming, you should always call an attorney. At least talk to the attorney and see what you should do next. I can guarantee you any criminal attorney worth his salt is going to tell you, “Don’t talk to the police. Be polite with them. We would be happy to liaison between you and the police, and we’ll communicate with them all they want. I want to be cooperative, but I’m not going to serve you up on a platter to have a noose put around your head and the stool kicked out.” Some of these cops will get upset and say, “Well, if you don’t want to come in, I’m going to go ahead and get a warrant.” If they’ve got enough evidence to get a warrant anyway without you coming in, then they’re going to go ahead and get it.

Your attorney wants to be cooperative and will say, “I’m happy to answer your questions if that’s truly what you’re interested in; but if you just want my client to come in to make his statement then be arrested on the spot, we are not coming.” If you suspect you have problems, you should talk to an attorney right away. You never talk to the police ever. You can give them your name and information. Tell them you’d like to talk to your attorney before you say anything else. That is the golden rule.

Does Hiring An Attorney Portray Someone As Being Guilty?

If there’s trouble coming, the police are going to presume you’re guilty, and they’re certainly not going to help you prepare your defense. So why should you make their job any easier? Maybe there’s something there; maybe there isn’t. You still don’t want to make it easy for them. So you want to be cooperative and polite because at some point, the judge is going to set bond on your case. You want to show you cooperated with the police.

You want the attorney to be able to tell the bond judge, “We talked to the lieutenant, and we answered all of his questions; and as soon as we saw there were charges, we voluntarily surrendered.” That person’s going to get a lower bond. If you just tell the police, “I’m not talking to you,” and the cop says, “Fine, do it that way,” and they get a $50,000 warrant, it’s not going to look too good when you go in front of the judge and bond isn’t reduced.

You don’t want to start things off on the wrong foot. Even if you’re going to be found guilty, you still want to start getting in everybody’s good graces by cooperating and volunteering to surrender if you need to. Don’t make them do any extra work they don’t need to do because then they have no reason to have an axe to grind with you. But if you give them a reason, then of course, they’re going to get mad, and that’s what’s going to happen.

What Are The Potential Defenses Used In Sex Crime Cases?

These types of cases cover so many different areas it’s not funny. There’s always the matter of was the person credible who’s making the complaint. Were they drunk out of their mind when they were making the complaint? Does this person have a history of making false reports? Every case is different. It’s really hard to get into what your defense would be because it’s always a matter of witness credibility and who can verify what really happened. Is there physical evidence to back it up? Is there anybody else that saw it? Are these credible people? Are these friends of the complainant, who didn’t even see it?

Every case is unique, and I could talk to you for a month about all the different defenses you could come up with. But every case is different, so that’s why you want to get in and talk to your attorney, as soon as you can, so he knows every little thing from the get-go. The worst thing in the world is three months into a case and the guy says, “I forgot to mention, I did this, this and this, and I told the police about it.” You don’t want surprises in criminal law. You want to deal with the facts that you have, prepare your defense and get moving. You don’t mess around with talking to the police. You don’t mess around with making them mad at you. You just don’t want to be talking to anybody except your attorney.

Why Is It Important To Retain An Experienced Criminal Defense Attorney For A Sex Crime Case?

You want somebody that knows all the little differences between the charges. If you hire an attorney that’s done everything and doesn’t handle these type of cases specifically, and he sees you’re up for a child pornography charge, which is a Class 1 felony, he’s not going to think that this is a mandatory prison case because you have some dirty pictures on your computer. That’s ridiculous. But he wouldn’t know. So you need someone that knows. You need someone that knows that if you’ve got an unlawful restraint charge and wind up pleading guilty, with probation and no jail time, you’re still looking at registration as a sex offender, which can be devastating.

You’ll probably lose your job, and you can’t live within 500 or 1,000 feet of a school. The map can get very small as to where you can actually live. So you need someone that knows the particular harsh penalties and how it should be approached. I think that’s your best bet because otherwise you’re going to get someone that, come sentencing time, is going to go, “I didn’t know that,” and all of a sudden you’re being whisked off to prison. It shouldn’t happen like that, but I’m just saying. You want someone that knows from the get-go about the various defenses that he should be working on at the outset, not the day before trial.

For more information on Hiring An Attorney For Sex Crimes, a free initial consultation is your best next step. Get the information and legal answers you’re seeking by calling (847) 244-4636 today.

Barry Boches, Esq.

Get your questions answered - call me for your free phone consultation (847) 244-4636.

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