Common mistakes made by those under investigation or charged with sex crimes including rape, aggravated indecent liberties or electronic or internet solicitation
1. When the police knock go ahead and talk.
Actually, the opposite is true in most cases. Remember that once the police are involved in an investigation their job is to present an air tight case to the prosecutor. This means that promises of leniency in exchange for cooperation should be treated with great caution. It is always better to contact an experienced sex crimes attorney before giving a statement or cooperating.
2. Call the family lawyer when contacted by police.
Although contacting a lawyer is always preferable than not when being confronted by the police, one should contact the right type of lawyer. The law is vast in its breadth and scope. It is also highly specialized. Generally one wouldn't go to an eye doctor if they had a broken ankle. The same is true in the law. If your ever caught up in a sex crimes problem don't call Uncle Frank's divorce attorney. Call an expert.
3. Going ahead and cooperating with the police based on promises of leniency such as probation or dismissal.
The reality of the situation that the only people with authority to grant leniency are the prosecutors and not the police. Furthermore, the only people in a position to understand and interpret the severe and many times mandatory sentences for sex crimes including those for rape, aggravated indecent liberties, electronic and internet solicitation are the prosecutors handling the cases and only the most skilled and experienced sex crime defense attorneys.
4. Wait and see if the problem goes away.
Some people under investigation or facing criminal charges relating to sex offenses will wait while the investigation is taking place when they could have chosen to have an advocate working behind the scenes with the police and prosecutor to try and ensure that charges are never filed. In these types of criminal cases unlike most there is a real opportunity for skilled and experienced sex crime defense attorneys to be proactive on behalf of a client before a charging decision is made.
5. If caught by the police, better off to work out a plea deal because there are no possible defenses.
There are always possible defenses. Whether they are explored depends on the experience of the defense attorney. In the defense of sex crimes it is imperative to get an attorney with the technical and legal experience to get the job done.