Suppose law enforcement is investigating someone for a sex crime. Still, they don't have enough evidence to prosecute that person, or it can be shown by the defense attorney that there is evidence of the suspect's innocence. In that case, they may never make an arrest.
Ultimately, the prosecutors will decide whether there's enough evidence to file a case, and if there isn't, then no arrest will be made.
If there is going to be an arrest, the length of time it will take will depend on what's necessary for the investigation.
For example, in sex crime cases, DNA and SART exam results can take longer than 90 days to be returned, and that evidence would likely be necessary before filing any decisions.
Some crimes occur right away, all of the elements and facts are there, the prosecutors agree with the police's decision, and the case gets filed.
Other times, cases take longer due to defense attorneys attacking and filing motions or pushing issues to trial or preliminary hearings.
How Will I Know When Charges Have Been Filed Against Me?
An attorney will determine when charges of a sex crime will be filed by talking with the investigator and prosecutor on the case.
Suppose I represent a person who is likely to be charged with a sex crime. In that case, I will typically tell the prosecutor that when they get ready to have my client arrested, I will arrange to have them turn themselves in and post bail, fight the case, or work out a resolution.
Once prosecutors and police gather all of the evidence, there are several different ways they can alert someone of their impending arrest.
Depending on the circumstances of a case, how dangerous the prosecutor and the police have deemed a defendant, and the strength of the defense attorney's arguments, the police may show up at their house to arrest them or make arrangements with their attorney to have them surrender themselves.
Can My Attorney File Motions Suppress Evidence Before Charges Are Filed?
There aren't many motions that can be filed until a sex crime case has been filed. Investigations and polygraph tests can be done in suitable types of cases.
Even though polygraph tests can be unreliable and are not inadmissible in court, they can be helpful under certain circumstances.
The correct moves in any particular case are best determined by an experienced and knowledgeable sex crimes attorney. It's essential to get an attorney involved early in your case.