If someone has been arrested on charges of a sex crime of any kind, they should know that the arrest is very likely the result of a long-term legal investigation. The prosecution on behalf of the Commonwealth is likely to have gathered extensive evidence and prepared a case all with an eye toward achieving a guilty verdict. Therefore, if you are facing charges, contact a defense attorney with experience in Fredericksburg sex crimes trials, so as to begin building the strongest possible defense.
Once an individual is in custody they will be taken to central booking at the local jail and processed. After the arrest, the accused will be held until the bond motion, which is not immediate for most sex crimes cases. While they are being held, they will be offered the opportunity to speak with a lawyer. Said lawyer can help by preparing steps for getting a release on bail and getting the person out, pending their trial.
Determining where Fredericksburg sex crimes trials will be held depends on the nature of the crime. If the alleged victim is young or even underage, that could make it more serious. Some sort of violence involved most likely can make the charge an automatic felony.
The evidence in these types of cases can be difficult to present in a favorable light when it comes to the defense. In any sex crime situation, the prosecutor, the defense, and the judge ultimately decide whether to have a jury trial or a bench trial. All sex crimes are considered serious felonies and are typically difficult for juries to listen to.
The juries in Virginia have the ability to not only determine that a person is innocent, but also to determine the punishment for a sex crime. Depending on how serious and egregious the facts are, a prosecutor will be inclined to put them in front of a jury because they think there will be a harsher punishment out of a jury than maybe a judge. It depends on the facts of the crime, but it is common for the prosecutor will want a jury during a Fredericksburg sex crimes trial.
Common constitutional issues that may arise in Fredericksburg sex crimes trials include things related to how a search and seizure was carried out, or problems arising from the Miranda Rights of the defendant being violated.
In addition, not being able to cross-examine the accuser on the stand is problematic and yet, the law allows for this scenario sometimes when the accuser is below a certain age. That is something that is basic of crime cases, especially if there is a young accuser. All these things can raise issues during a sex crime prosecution and defense plea.
These are complicated cases with serious consequences, and only an experienced sex crimes attorney can help a person to be able to navigate the often intimidating process. A qualified attorney can advise clients to avoid making statements to the police. In the interest of avoiding potential self-incrimination, the detainee should avoid making statements about the incident to police and to anyone on the phone. They should not talk to anybody about what happened or what they think happened. This is because anything they say can and will be used against them in a court of law.
Once the officers have someone in their custody, they are going to tell the person to talk to them before they will be able to call their attorney. The accused is not going to get to talk to their attorney right away. If you are being charged with a sex crime, it is important to contact a lawyer so you understand the Fredericksburg sex crimes trials process and what steps to take next.