If a sex crime allegation enters your life, the attorney you retain is one of the most important decisions you will ever make. The attorney you retain will actually alter not just the outcome of your case, but your life. This is a choice that you need to take seriously, and understanding what constitutes a good sex crime defense attorney is your beginning step towards protecting your rights.
Criminal law is broad and includes everything from minor traffic infractions to homicide. Within this wide spectrum, sex crime defense is perhaps the most intricate and high-stakes specialty. Here’s how you need an attorney specializing in exactly this area:
The penalties are exceptionally harsh. Sex crime convictions carry some of the worst punishments in the criminal law system, including years of imprisonment, lifetime restrictions on where you can work and reside, and severe social stigma. A part-time lawyer who specializes in handling these cases simply will not possess the degree of experience necessary to deal with these harsh penalties.
The law is not stagnant. Sex crime legislation, evidentiary rules, and court precedent change frequently. By way of example, Proposition 313 in Arizona has generated ongoing implications nearly a year after its adoption, requiring significantly increased prison time for child sex trafficking. Cases tried at Maricopa County Superior Court now must contend with upgraded sentencing guidelines that require an attorney with new knowledge of such changing standards. An attorney who is a specialist in this area is current on such developments and is aware of how recent judicial decisions and legislative developments can affect your case.
The techniques of defense are technical. In contrast to the standard criminal case, sex crime defense often involves complex forensic evidence, expert witnesses, undermining victim credibility without appearing callous, and rebutting ingrained prejudices to which jurors are prone. Such cases also require mature negotiation and tact in framing mitigating factors for presentation to the prosecutor. These technical abilities can only be learned from intense experience.
Frame it this way: if you needed heart surgery, you would not see a general surgeon who performs one cardiac procedure annually. You would see a cardiac surgeon who performs hundreds. The same holds true with your defense. A lawyer who performs DUIs or drug cases primarily and gets a rare sex crime case will not have the specialized expertise that you need.
Arizona statutes present a vast range of felony sex crime offenses in the Arizona Revised Statutes. They cover Sexual Conduct with a Minor (ARS 13-1405), Sexual Assault (ARS 13-1406), Child Molestation (ARS 13-1410), Sexual Abuse (ARS 13-1404), and Sexual Exploitation of a Minor (ARS 13-3552), just to mention a few. Each offense has distinct elements, defenses, and penalties. A lawyer with Arizona sex crime defense experience will be familiar with the nuances of every statute and how the Maricopa County courts and courts in the state as a whole interpret and apply these statutes.
Look for an attorney who has extensive experience handling sex crime cases only. Determine the number of cases like yours they have handled and their outcomes. While previous results do not guarantee future success, they do indicate experience and skill.
Your attorney needs to know the types of evidence that are common in sex offense cases: forensic interviews, SANE exams, computer data, and psychosexual assessments. Your sex crime attorney needs to know how to question bad evidence and summon his or her own experts if needed.
Aside from criminal punishment, sex crime convictions initiate a string of other repercussions. Your knowledgeable lawyer will know about mandatory minimums, enhanced Arizona code punishment, immigration penalties, and professional licensure consequences and will work them into your defense.
The majority of attorneys settle cases short of trial. In sex crime cases, with so much riding on the outcome and dubious evidence, you need an attorney who is fully prepared to take your case to trial if that is best for you. Your attorney must have experience trying cases in Arizona courts, particularly the Maricopa County Superior Court, where procedural decisions and judicial predilections can have a great deal of impact on case outcomes.
They are extremely confidential and usually embarrassing cases. Your attorney must handle your case with complete confidentiality and privacy, and yet respect you while being honest and blunt with you about your situation and options.
Verify the reputation of the attorney through Google reviews and detailed client testimonials. Google reviews provide instant data on general client satisfaction, and testimonials reveal more information about communication, assistance, and the outcome of cases. Consistent positive feedback from former clients regarding their experience, availability of the attorney, and their level of satisfaction with results can be an effective source of information in your selection.
When you meet with attorneys, ask:
Pay attention not just to their reaction, but also whether they try to find out your specific situation first before offering opinions.
Picking the right attorney is one of the most important decisions you’ll need to make. While the process may appear overwhelming, remember that you’re looking for someone who possesses three qualities: expertise in defending sex offenses, a track record of success in your kind of case, and someone you feel comfortable working with throughout this difficult time.
Most Arizona sex crime defense lawyers provide consultation. Use these sessions. Prepare questions, bring any documentation that is pertinent, and rely on your instincts regarding whether the lawyer is genuinely interested in your defense or just another case to place on their docket.
If you’re ready to begin this critical process, don’t hesitate to contact us. Your life is worth the time it takes to find the right attorney, one who has dedicated their practice to defending those accused of sex crimes and who has the knowledge, expertise, and commitment to strive for the best outcome in your case.
A sex crime defense attorney defends exclusively sex crime cases, while a general criminal defense attorney defends a broad range of criminal cases. Sex crime cases require special knowledge with forensic evidence, psychosexual evaluations, victim interviewing protocol, and specific defense strategies that generalists will not possess. Sex crime punishments in Arizona are very strict, and the case requires a lawyer with specialized experience in this area of law.
You should hire an Arizona sex crime defense attorney in your local vicinity. A locally practicing and Arizona state-licensed attorney will know state-specific laws as set forth in the Arizona Revised Statutes, local practice in Maricopa County Superior Court and other Arizona courts, local prosecutors, and the preferences of judges sitting in your case. In addition, attorneys who are licensed outside Arizona must become Arizona-licensed attorneys in order to prosecute your case, which makes a local attorney the practical choice.
Inquire about how much of their practice is dedicated exclusively to sex crime cases: what percentage of their case load they dedicate to sex crimes, the number of similar cases they have tried, and what the outcomes were. Inquire about the experts with whom they work, their approach in addressing challenging evidence, and most importantly, if they will defend your case personally or refer it to someone else. Inquire about their expertise in addressing the specific charges facing you and their defense strategy.
The Arizona sex offense defense attorney’s fee varies significantly with the complexity of the case, the seriousness of the charges, and the attorney’s experience level. Most attorneys charge flat fees for sex offense cases, ranging from ten thousand dollars for less serious charges to exorbitant fees for serious cases involving multiple counts of serious felonies. At your initial consultation, ask to be explained in clear terms how the fee will operate, what services are included, and if there are any additional costs you can anticipate.
While no ethical attorney can guarantee charges to be dropped, an experienced sex crime defense attorney can uncover weaknesses in the prosecution’s case, contest unjustified evidence, negotiate, and present powerful defenses that can lead to reduced charges or dismissal. The majority of sex crime cases have been dismissed on the basis of inadequate evidence, abuse of constitutional rights, or success with pretrial motions. The result is based on the unique facts of your situation, evidence filed against you, and the ability of your lawyer.
Convictions for sex offenses in Arizona have serious ramifications that stretch well beyond time in prison. Depending on the crime, you can wind up in jail for decades or decades, with large fines, mandatory counseling or treatment, stringent probation with conditions, and lifetime restrictions on where you can live and work. Professional certifications can be revoked, and the social stigma can affect employment, housing, and relationships for the rest of your life. These severe consequences make hiring an experienced defense lawyer absolutely imperative.
Yes, you do need to hire a sex crime defense lawyer once you know that you are under investigation, even before charges are made. This is actually the most critical time to have an attorney. Pre-charge representation and pre-indictment representation are usually just as significant as having an attorney during and after charges are made. A skilled attorney can talk with detectives on your behalf, keep you from providing information that could be used against you, gather evidence on your behalf, and even dissuade charges from ever being filed. The majority of cases go better if an attorney is involved at the beginning of an investigation.
The Arizona timeline for sex crime cases is also quite different depending on the type of case, the availability of the court schedule, and whether or not the case is actually tried. Simple cases take a few months, while more complex cases involving multiple charges or incredible volumes of evidence may take a year or more. Cases heard in Maricopa County Superior Court generally take more time than cases that are resolved through plea bargaining. Your attorney will be able to provide you with a better estimate based on the particular facts in your case.
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