Top 5 Mistakes During a Sex Crime Investigation and After an Arrest in Arizona

By Michelle Skura, Esq.

Lead Sex Crimes Defense Attorney, VS Criminal Defense Attorneys

A sex crime allegation is one of the most stressful events a person can experience. It places their freedom, reputation, and career at immediate risk. Many people mistakenly believe that the legal battle begins only after handcuffs are placed on their wrists.In reality, the most critical and irreversible damage often occurs during the pre arrest investigation phase.

In Maricopa and Pinal Counties, detectives use specific tactics during investigations to gather enough evidence for an arrest warrant. Often, it is the mistakes made by the accused during this time that provide the probable cause law enforcement needs to move forward.

Below are the five most common and damaging mistakes made during a sex crime investigation or after an Arizona arrest and why avoiding these mistakes is critical to your future.

Summary: Your 3-Step Pre-Arrest Action Plan

If you suspect you are under investigation for a sex crime in Arizona, your actions in the next 24 hours will determine your future. Follow these three steps immediately:

• Stop All Communication: Do not answer calls or texts from the accuser or their family. Do not contact them to explain or apologize. Any response can be recorded and become evidence.
• Exercise Your Fifth Amendment Right: If law enforcement contacts you for a “voluntary” statement, say: “I am not making any statements without my attorney present.” 
• Secure a Legal Shield: Hire an attorney for pre-indictment representation. We contact detectives on your behalf to prevent high-pressure interrogations and confrontation calls.

Mistake 1: Talking to Police to “Clear Your Name” or Explaining Your Side

Many people believe that if they just sit down with a detective and explain their side, the investigation will go away. This is the most common way people inadvertently cause their own arrest. This mistake can happen during a voluntary interview before an arrest or during a custodial interrogation afterward. The goal of law enforcement officers is to collect statements that can be used to gather evidence, establish probable cause and strengthen a criminal charge.

Our Observation: We have seen cases where a defendant thought they were helping by providing a timeline, only to have that timeline used to disprove a later alibi. Even if you are innocent, statements made during an investigation can:

• Be used to establish probable cause for an immediate arrest.
• Be taken out of context to imply a consciousness of guilt.
• Eliminate the need for police to independently establish facts like your location at a specific time.

In Arizona, you do not have to be under arrest to exercise your right to remain silent. If a detective contacts you for a statement, the only words you should say are, “I am not answering questions without my attorney.”

Mistake 2: The Confrontation Call (and Text Message) Trap

One of the fastest ways to trigger an arrest is contacting the accuser, or accepting a call from the accuser, after an alleged sex crime. Arizona law enforcement frequently uses confrontation calls as a primary investigative tool. These are recorded calls where the accuser, coached by detectives, contacts the suspect to elicit an admission of guilt.

Our real-world experience shows that this trap has evolved. We now see many cases where police coach the accuser to send confrontation text messages. These texts are scripted to entice the accused into making an apology or providing details that help the prosecution.

Even a simple response like “I’m sorry you feel that way” can be portrayed as a direct admission of guilt in court. These calls and texts are designed to feel private, but they are actually part of a recorded file and become evidence. Whether it is a call or a text, any communication with an accuser is a trap designed to build a case against you.

Mistake 3: Believing Deleted Social Media Posts are Truly Deleted

The social media profiles of a person under investigation are routinely monitored. Many individuals realize an investigation is happening and try to “clean up” their online posts and profiles.

Legal Insight: Many people believe that deleting a post or photo removes it from the reach of the law. In reality, Arizona investigators use advanced digital forensics to recover deleted data, metadata, and ghost copies from server backups. Furthermore, deleting content after you know an investigation is active can sometimes lead to additional charges for tampering with evidence. Privacy settings do not prevent law enforcement from accessing content through warrants. Discontinuing posting and maintaining online silence is your best protection.

Mistake 4: Discussing the Case with Friends or Family

It feels natural to seek support from those you trust. However, only conversations with your defense attorney are protected by attorney-client privilege. Anything you say to a friend, relative, or coworker can be used as evidence.

In our practice, we act as a legal shield between our clients and law enforcement. We help our clients exercise their 5th Amendment right to remain silent, which prevents them from making self-incriminating statements that could lead to an arrest or conviction.

We have helped many cases go dormant by preventing our clients from making incriminating statements. However, we have also seen these cases revived years later. We have handled matters where an investigation had gone quiet for years, only to be reopened after the accused made an admission during a private conversation that was later reported to law enforcement. Those statements, made long after the initial investigation, became the catalyst for a renewed prosecution. To prevent a dormant case from becoming an active prosecution, you must keep all details strictly between you and your legal team.

Mistake 5: Waiting for an Arrest to Hire a Defense Attorney

The most costly mistake is waiting for an arrest to happen before seeking legal help. The period before formal charges are filed, which is known as the pre-indictment phase, is the window of opportunity where an attorney can often prevent an arrest from ever occurring.

Our Strategy: At VS Criminal Defense Attorneys, we become a legal shield between law enforcement and the accused. By stepping in during the investigation, we prevent police from using high-pressure tactics like extensive interrogations and confrontation calls. 

This early intervention allows us to:

• Intervene in pre-charge negotiations to potentially stop the case before it reaches a prosecutor.
• Protect you from voluntary interrogations that lead to arrests.
• Preserve defense evidence, such as surveillance footage or digital data, that might be deleted by the time an arrest finally happens.

It is also important to understand that for the most serious felony sex crimes in Arizona, including Dangerous Crimes Against Children (DCAC), there is often no statute of limitations. This means that an investigation can be reopened at any time during the life of the accused if new evidence or admissions surface.

Frequently Asked Questions

Should I talk to the police if I’m just being investigated but not arrested? No. Most sex crime arrests in Arizona are the direct result of statements made during the investigation phase. Talking to police without an attorney present provides the evidence they need to arrest you.

What is a confrontation call in Arizona? A confrontation call is a recorded conversation where the accuser, coached by police, tries to get a suspect to make incriminating statements. In Arizona, these recorded admissions are frequently used as the primary evidence to secure an arrest warrant.

Can a dormant sex crime investigation be reopened? Yes. Arizona investigations can remain dormant for years. These dormant cases can be revived if the accused makes new admissions to third parties who then report it to detectives. Additionally, for the most serious felony sex crimes or crimes against children, there is usually a lifetime statute of limitations.

When is the best time to hire a sex crimes attorney? The moment you realize you are under investigation. Waiting for an arrest means you have already missed the chance for pre-charge representation, which is the most effective way to prevent a case from moving forward.