This is a big question on a lot of people's minds who find out they're being investigated by the police; the FBI or whatever law enforcement agency is involved with their case.
Or a lot of times the reason they get tipped off pre-filing is because the alleged victim in the case calls them, texts them, accuses them of some sort of sexual assault or sexual behavior, or even at the time that they have an encounter with that person, they're accused of some sort of sexual assault.
So, they know, and they realize they have to call an attorney right away. I could be in trouble here.
Another way they find out is because somebody posts something on the internet. I'm seeing that a lot lately where someone's accusing somebody of some sort of sexual assault-like behavior and they post it on the internet.
So, that person finds out about it. Their friends tell them, or they see it themselves, so now they realize I may need a defense attorney here.
Negotiation to Avoid Formal Filing of Charges
So, the answer to why you hire a criminal defense attorney to defend you if you're being looked at or investigated for a sex crime has a number of different tentacles to it.
First and foremost, you got in real trouble and you're not going to be able to handle it yourself. You're not used to defending a sex crime. So obviously, you're going to want to get someone who can defend a sex crime, knows what to do, knows what arguments to make.
You need a lawyer that knows how to deal with the police, and obviously advise you and I'm going to tell you one of the first pieces of advice is not to talk to the police and let them do the talking for you and act as a buffer between you and the police.
Another reason that I would definitely get a criminal defense sex crime attorney — especially if your case is in Los Angeles — is maybe your defense attorney can do some investigation before the case is filed.
A lot of times, I've been able to investigate and lock-in witnesses and lock-in a defense before the case is ever filed. Another thing that I'm able to do sometimes depending on the circumstances of the case is to be able to convince the police and/or prosecutors that you shouldn't be charged with a sex crime in the first place.
This is because we do the work and then we provide the information to them to show them that the alleged victim is not telling the truth. There are more facts that can be uncovered.
Avoid Making Incriminating Statements
I think the last and most important thing as to why you should hire a sex crime criminal defense attorney, especially if you have a case in Los Angeles to defend you pre-filing is so that you don't do or say anything to incriminate yourself.
I can't tell you how many times people get attacked by the police and prosecutors and that triggers them to do or say something that ends up being the best piece of evidence against them in a criminal case.
One of the biggest weapons the police have, when they decide to go arrest a person a lot of times, they'll get a search warrant. If they're looking for something that might help corroborate their case, but on the biggest things they're trying to do is scare the person to death so they will make some sort of a statement they can later use to incriminate them.
They will confront them with facts surrounding the case. They will confront them with their behavior, then a lot of people — because they're nervous; they're scared; they've never been in that position before.
They don't have an attorney who has advised them properly. They do or say something that incriminates them, or people will start shutting accounts down; will start trying to hide evidence and that in and of itself is evidence that that person committed the sex crime.
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Why are you out hiding evidence if you've got nothing to hide? Why are you hiding evidence in a sex crime case in Los Angeles if you didn't do anything wrong? That's what the prosecutors are going to argue to a potential jury in the case.
So, if you're smart, your best bet is to make sure that you hire a criminal defense attorney right away and let that attorney do the job necessary to get you the result you must have.