What Are Common Mistakes People Make In Sex Crime Cases?
The number one overarching thing that people do, especially in sex cases, is they open their mouths and say anything to law enforcement except for the fact that they want to speak with their lawyers. Once they go down that road of answering questions, they tie themselves in knots. They do not understand that detectives, that is what detectives do all day, that is how they have been trained to get information from you and you can say things that can be turned around and used against you. If you speak to an officer before contacting an experienced attorney, then all content can be used against you and in a very, very effective way the sharp prosecutor will take advantage of that content.
The best thing to do is to just remain silent. It is probably the hardest thing that one can do when there are false accusations being made, but that is the thing to do, keep your mouth shut. At that point in time, consider these facts that you have been arrested, you are charged with a sex crime or sexual battery on another individual and it is horrific to think that someone is making an accusation against you. You are in a vulnerable state because of what is going on around you. Law enforcement will not stop questioning you, hovering around you and this is not the time to make a statement.
Are Retractions Of Sex Crimes Allegations A Common Occurrence?
There are times when there are retractions, not often, at least in my practice. When it does happen, there are times that cases will evaporate, especially they will be much more subjected to dismissal if there is no physical evidence that would tie my client to a scene or an incident and it is just a she said, he said type of thing. Certainly if there is a retraction in that situation, then the prosecutor is much less likely to go forward with an individual who is retracting their statement.
But there are situations where things have happened and there is strong physical evidence of sexual activity, unwanted sexual activity and because the prosecution represents the State of Florida, they can proceed forward and they can make that determination regardless of the retraction that was made if they feel strongly enough and if they think the evidence is strong enough to point towards the accused as being the actual perpetrator.
Are Drugs And Alcohol Commonly Involved In Sex Crime Cases?
Alcohol and drugs as we know tends to loosen inhibitions and make people do things that they normally would not do and I think it cuts both ways. In Florida, voluntary intoxication is not a defense to anything. It used to be years ago, but not now and if you are at a point where you do not remember what happened, you are still held to the same standard as a sober person. On the other hand, it could be that the alleged victim was the one that was partaking and does not remember what they did and woke up in a certain situation or someone said something, especially with younger people involve. Parents can be out looking for them or is making their own accusations about this individual and the next thing you know it is easy for the accused to be a scapegoat. There are a whole lot of dynamics that go into sexual cases.
Additional Information Regarding Sex Crime Cases In Florida
Many sex crimes carry mandatory minimum prison sentences, much more so than in years past. The legislature has tightened up those sentencing punishments for sexual offenders to give mandatory minimum prison sentences for a number of various sexual crimes in Florida. That is another reason to have someone who is experienced because you are not talking about a period of probation and maybe, some community service hours. It can be a five, seven, or fifteen year mandatory sentence, that is day per day prison time and if you want to be penny wise and pound foolish, God bless you, but spend the money and hire someone who knows what they are doing to protect your interests, especially with all the ramifications a sexual conviction that is prevalent in Florida these days.
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