The Sex Offender and The Legal System
Posted by Joseph Doherty on Wed, Jan 11, 2012 @ 07:36 AM
The legal system can be intimidating, especially if you have never before been arrested. One's anxiety is probably heightened if you are being charged with a sex crime. This blog is a brief primer on what you can expect, with suggestions about what you might do.
Usually a criminal complaint has be to issued when an allegation of an offense, in this case, a sex offense, has been alleged. This either comes in the mail or is delivered by the police. If you are the recipient of a criminal complaint and the police tell you they want you to come to the police station to talk to them it is within your rights to refuse. Criminal defense attorneys almost always tell their clients not to speak to the police without their being present. This is excellient advice and should be followed.
You will need an attorney. Most men that I know that have been charged with a sex offense such as Rape, Indecent Assault and Battery, Frotteurism or Exhibitionism, rely on their family and/or friends to assist them in coming up with a name. Unless your family members and friends are knowledgable about the law I would advise against this approach. You need an attorney that has defended individuals, such as yourself, that have been so accused. Take the time to find an experienced attorney that has handled cases such as yours. It probably will be expensive but keep in mind this is your future that is at stake here.
The case may drag on for longer than you thought. There may be many pre-trial conferences. You may show up at the courthouse only to be told that the conference was rescheduled for another day. This will upset you as you have taken time off from work. Try not to let this get to you. Hard as it may be, be patient. I have seen men lose patience and press their attorneys to settle the case - "get it over with" - such individuals usually wind up wishing, after the fact, that they had been more patient. They could have gotten a better deal.
Be pro-active. Don't hesitate to ask questions of your attorney. You're paying him, he' working for you. Utilize the Internet for information. Ask your attorney about hiring a forensic psychologist, with experience conducting psychosexual evaluations, about evaluating you. If the results are positive you may use it in your defense in court.
If a deal is proposed get the details. Unfortunately, I have spoken to many men who have said they accepted a deal that involved probation only to find out later that conditions of that probation included a psychosexual evaluation and counseling. According to them their attorneys knew of this but never informed them.
For most people the legal system is foreign territory. It's frightening and intimidating for the unexperienced. But this is your future that is at stake here. You want the best possible defense. Do what it takes to make that happen.
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