Frequently Asked Questions About Sex Crimes, Child Abuse, and Domestic Violence Defense

The best course of action is to politely inform the police that you are going to speak with a lawyer before saying anything to them. Don’t answer any questions or provide any statements, whether in person, over the phone, or in writing, until you've had the opportunity to consult with a defense attorney.

Remember, anything you say to the police can probably be used against you in court. Your words could be misconstrued or taken out of context. By hiring a lawyer, you ensure that you have a knowledgeable advocate during any interactions with law enforcement. We have seen too many strong cases nearly ruined by a seemingly innocent statement.

While it may be tempting to try to clear your name by voluntarily sharing information with the police, it's better to let your lawyer present any evidence that could exonerate you. Your lawyer can carefully review any information that may point to your innocence and determine the most strategic way to share it with the authorities.

Also, allowing your lawyer to handle communications with law enforcement creates a buffer that makes it more difficult for your statements to be used against you. This approach not only safeguards your rights but also empowers your attorney to introduce evidence in a manner that fully leverages its impact and credibility.

Invoking your right to remain silent and requesting a lawyer is not a sign of guilt. Rather, it demonstrates that you understand the gravity of the situation and are taking steps to protect your legal rights. Most police officers would do the same if they found themselves or their loved ones facing criminal accusations.

Generally, prosecutors base their charging decisions on the strength of the available evidence, not on whether a suspect chooses to speak with investigators. While your silence may not prevent charges from being filed, it also won't increase the likelihood that they will be filed. By refusing to answer questions without a lawyer present, you avoid giving the police additional evidence to use against you.

When you're facing criminal allegations, it's crucial to remember that any discussions about your case should be limited to your lawyer. Even well-meaning conversations with family members or friends may be used as evidence against you. You may have heard of spousal privilege, but you should be aware that it has serious limitations in many cases that we handle.

If you need to address the situation with your spouse or close relatives, it's best to get your attorney's advice on what you can safely say to them. Until you can get that advice, tell those close to you that you've learned it's very important to talk with an attorney before you talk with them about the case.

While it may be difficult not to talk with your loved ones about the facts of your case, remember this: if you do talk with them, the prosecutor may be able to use them as witnesses against you.

In most instances, the police will respect a request for a lawyer and stop the questioning. Most likely, they won't connect you with an attorney. If you haven’t been arrested, the police are not obligated to help you find or contact a lawyer.

Sometimes, officers may imply that refusing to cooperate will lead to your arrest. While they do have the authority to take you into custody, it's far more important to protect your long-term legal interests than to avoid a brief period of detention.

Whether you are under arrest or not, remain firm in your refusal to speak with the police, even if they continue to pressure you into answering questions. Stay calm, politely repeat your desire to speak with a lawyer, and remember that your rights are paramount. Some officers can be very good at persuading you to talk to them. Don't do it! Talk with one of our lawyers first and we can decide together whether you should make any statement.

If a child has unexplained injuries or if someone has expressed concerns about abuse, the police may collect supporting evidence like the following:

• Witness statements from people who have had contact with the child.
• Interviews with the child.
• Records of any patterns of injury, such as multiple fractures at varying ages.

When there are injuries or marks on the child that seem to point to abuse, your lawyer can review the evidence and work with medical experts to explore alternative explanations for the child's condition.

For example, frequent injuries may initially raise suspicions of abuse but could also indicate a genetic or metabolic condition. Urine and blood samples can be tested for signs of underlying conditions that may mimic the signs of abuse.

It's important to involve a knowledgeable defense attorney as early as possible. By carefully examining the medical evidence, your attorney may be able to challenge the assumptions of abuse and build a strong defense for you.

While polygraph results are not usually presented in court, agreeing to take a lie detector test administered by the police can still hurt your case.

Polygraph tests can produce false positives, indicating deception even when the subject is telling the truth. If the test suggests you were untruthful, the police may use the results as leverage to pressure you into confessing or making incriminating statements.

They may also share the results with the prosecutor, which could influence them to file a charge against you even though the polygraph evidence itself would not be admissible at trial.

If you believe that a polygraph test could help demonstrate your innocence, discuss this option with your lawyer. Your attorney may arrange for a private polygraph test with a qualified examiner. The results of this test will remain confidential unless they are favorable to your case. However, you cannot rely solely on a passed polygraph to resolve the allegations against you.

Do not contact a polygraph examiner yourself; unless the polygraph examiner's work is directed by your attorney, you cannot be sure a bad result wouldn't come into the hands of the police or prosecutor. Also, don't do any research on techniques for making sure the polygraph gives you a good result. That kind of research could disqualify you from getting a usable polygraph result; we've seen that happen to unwise clients.

Finally, we advise our clients who will undergo polygraph examination not to tell that to their loved ones until they get their passing score. Even though most people know the polygraph produces some incorrect results, its psychological power is so great that even those closest to you may start to question your innocence upon learning you failed it.

No. The law does not require physical evidence.

Many people mistakenly believe that a lack of DNA evidence or physical injuries means that a case cannot proceed. However, prosecutors often rely heavily on the statements of the accuser, especially in cases where the complaining witness is a child. An absence of physical evidence does not automatically lead to a dismissal of charges or an acquittal at trial.

In criminal cases, testimony is a form of evidence. A person's sworn statements can be enough to support a conviction if the judge or jury finds them credible. This is particularly true in cases involving allegations of child sexual abuse, where there is often no physical evidence of the crime.

To combat the accuser’s testimony, your defense lawyer will carefully scrutinize their statements. They will look for inconsistencies, signs of coaching, and other factors that may undermine the accuser’s credibility.

Your attorney may also work with experts in medicine, psychology, suggestibility, and forensic interviewing to challenge the reliability of the allegations and raise doubts about the prosecution's case.

When medical professionals treat children for fractures (broken bones), they are trained to look for red flags that may indicate abuse. Doctors suspect what they call "non-accidental trauma” when they see:

• Fractures in areas of the body that are not typically injured in accidental falls or play, such as the ribs, spine, or upper arms.
• Fractures that are inconsistent with the reported cause of injury or the child's developmental stage.
• Multiple fractures in various stages of healing.

If you are facing accusations of child abuse based on medical findings, contact a skilled defense attorney. Your lawyer may consult with independent medical experts to review the evidence and offer alternative explanations for the child's injuries, such as an underlying metabolic disorder or a genetic condition that can cause fragile bones.

In some cases, a defense lawyer may need to challenge inferences about children's injuries that are widely accepted among doctors. The lawyer may need to argue that the prevailing medical opinion is wrong. This approach requires the lawyer to have a deep understanding of the scientific literature and the ability to present complex medical evidence in a way that is understandable and persuasive to a judge or jury.

By thoroughly investigating the medical evidence and working with experts in the field, your defense team can fight to defeat the allegations and clear your name.

While most public defenders are skilled and dedicated professionals, there are several advantages to retaining a private attorney if family or friends can provide you with the means to do so:

• Greater Control over Choosing Your Legal Representative: You can choose a lawyer whose experience, style, and personality align with your needs and preferences.
• More Time to Devote to Your Case: Public defenders carry heavy caseloads and may struggle to provide each client with individualized attention; in contrast, private attorneys can limit their caseloads in order to invest more time in each client.
• Team That Works for You: Many criminal defense law firms include full teams of lawyers, paralegals, and support staff who can take a hand in investigating your case, reviewing evidence, and building a tailored defense strategy. Some public defense offices have limited resources.

In deciding whether to work with a public defender when you could get the money needed for a private attorney, you should keep in mind what is at stake. When you are accused of a sex crime or child abuse, the outcome will affect the rest of your life.

If you decide to retain a private attorney, look for someone with extensive experience in handling sex crimes or child abuse cases, depending on the kind of accusation you face. These matters require specialized knowledge and skills.

The cost of hiring a private criminal defense lawyer depends on factors such as the attorney's experience and reputation, as well as the complexity of the case. These are some common fee structures:

• Hourly Rates: You pay for the actual time your lawyer spends working on your case; hourly rates can range from a few hundred to over a thousand dollars.
• Flat Fees: The attorney charges a fixed amount to handle either your entire case or a stage of it, with later stages likely to require additional flat fees.
• Fee Deposits: You deposit an upfront sum that your lawyer draws from as they work on your case; you will likely need to replenish your funds on deposit with the attorney as work progresses. Unless the attorney has specified otherwise in a fee agreement with you, they will return to you all funds on deposit at the end of your case except the funds the attorney has earned.

It’s common for a criminal defense attorney to require a substantial payment before beginning work on a case. This payment ensures they can dedicate the necessary time and resources to your defense. Some lawyers may offer payment plans or financing options to help make their services more accessible.

To get a clear understanding of the potential legal expense involved in your case, ask any attorneys you’re considering how they charge and when you must pay. Make sure to get a fee agreement in writing to avoid misunderstandings.

Finding the right lawyer to defend you against sex crime or child abuse allegations requires careful research and consideration. Some tips for locating a qualified attorney include:

• Look for a lawyer who focuses on sex crime or child abuse defense, depending on the kind of case you have, since these cases involve complex legal and evidentiary issues that demand specialized knowledge.
• Ask for referrals from trusted sources, such as friends, family members, or other legal professionals.
• Check attorney directories and rating services, such as Avvo or Martindale-Hubbell, to read reviews and compare the qualifications of potential lawyers.
• Contact your state or local bar association for referrals to criminal defense attorneys in your area.
• For a child abuse case, contact the National Child Abuse Defense and Resource Center.

When evaluating potential lawyers, consider the following factors:

• Their experience handling cases similar to yours and their success in and out of the courtroom.
• Their communication style and their willingness to listen to your concerns and keep you informed throughout the legal process.
• Their ability to explain complex legal concepts in clear, understandable terms.
• Their strategic approach to case management and their ability to adapt to changing circumstances.
• The rapport and level of comfort you feel during your initial consultation.
• Their familiarity with the local court system, judges, and prosecutors.

Don't be afraid to ask tough questions and trust your instincts when making this important decision. The right lawyer will serve as your strongest advocate and work tirelessly to protect your rights and freedom.