SAN FERNANDO CASE DISMISSED / REJECTED BASED ON LACK OF SUFFICIENT EVIDENCE
My client was arrested and investigated for lewd acts on a minor and ultimately the prosecutors decided not to pursue the case. The defense was able to show the prosecutors the other side of the story and the issues that they would face if they tried to prosecute my client for such serious charges. It is never easy to get the prosecutors to believe that they can not prove a case, after the police arrest a person and claim they where involved with such serious charges related to a minor. However, they will listen to seasoned criminal defense attorneys who they respect and have dealt with on other cases.
It is unfortunate that there is such a terrible stigma attached to sex related offenses in Los Angeles and elsewhere that sometimes, even reasonable people, can not see that the evidence is weak against a particular defendant and the case should not be pursued. Fortunately for my client this was not one of those times and the prosecutors realized that the allegations against him where suspect and should not be pursued. Before the prosecutors will subject someone to the specter of such a serious prosecution, they will typically make sure they have the evidence to prove the case against them.
I handle a lot of sex related offenses in the San Fernando Courthouse and the San Fernando Valley in general. If you or a loved one has a sex related offense pending in the San Fernando court or is being investigated for a serious charge like lewd act upon a child or minor, then I suggest you get in right away to consult with a defense attorney and learn what your rights are and what you can do to defend yourself. Once you are arrested and taken into custody, it is not as easy to defend yourself, because your movements are restricted and sometimes they put such high bails on people accused of these crime that it is nearly impossible to bail out and defend yourself from the streets.
In a lewd act upon a child or minor case, the prosecutors will use DNA and forensic evidence to try and prove their case against a person they believe committed the subject crime. Many times their alleged victim’s testimony is not credible, because of their age or other factors and the prosecutors know they will need something more than just the word of a minor in order to properly prosecute someone for such a serious crime.
PRE-FILING / INVESTIGATIVE INTERVENTION IN A SEX CASE
One thing that the defense can do in a sex crime investigation is to give their client’s side of the story to law enforcement or the prosecutors if it is appropriate under the circumstances of the particular case. We have had much success getting our client’s side of the story out before a filing decision is made by the prosecutors, without subjecting our client to question by the police or prosecutors. This is an important aspect of a sex crime case. When people try and handle the police themselves, without the assistance of a criminal defense attorney, it can lead to disastrous irreversible results.
The police are in the competitive business of ferreting out crime and they will do what they deem appropriate to get you to make an incriminating statement. This sometimes includes claiming that you did or said something that incriminates you, when in fact they have taken things out of context or have cajoled you into to acknowledging something that is simply not true. Do not fall prey to this tactic, hire you defense attorney immediately and let them advise you.