After a person is arrested for a sex crime, the person will basically go through the same procedure as for any other type of arrest. The person is presented with an arrest warrant, taken in and processed. They will then go in front of the magistrate for a determination as to whether or not they get bail. Sometimes, a person has been given an opportunity to post bond. It depends on the facts of a person’s case. There is typically a presumption against bonds for most sex crimes. A person might be held without bail to begin with and may then need a Prince William sex crimes attorney to make a motion to get them out.
There are often certain kinds of probation that will be a condition of a person’s release if a person is even allowed to be released. Either way, they are going to be processed through and then either released on bond or held until the court date.
It depends on the type but most sex crimes are considered felonies in the state of Virginia, and judges and juries can treat these cases harshly. Whether sex crime cases in Prince William County are heard in front if a judge or jury in Virginia will depend on a particular case. The juries will determine the guilt or innocence phase as well as the sentencing. A lot of the cases involving sex crimes tend to be cases that a person does not want to go in front of a jury.
Many times attorneys will choose to go in front of a judge because they feel that the judge will act more fairly than a jury would in a particular case but that is going to be a conversation that a person will need to have with their attorney based on the facts of their case.
Someone facing sex charges could expect a chance for constitutional issues to arise during their case in Prince William County. Generally, there may be an issue of unlawful searches and seizures to investigate, such as if officers searched a person’s house without a warrant, or if they took a person’s blood sample or DNA samples without their consent or without a warrant. There are also certain due process requirements. For example, if a person was read their Miranda rights, if they gave statements to the police before being placed under arrest or after the individual was under arrest, if they tried to invoke the right to an attorney and they still continue to question the person. There are many constitutional issues that can go into a person’s case, but they will depend on the individual facts.
An individual should contact a lawyer before speaking to anyone about the case. They should contact an attorney before an arrest is even made and before the initial questioning. They should not talk to anybody without talking to a lawyer. If a person has any reasons to believe they may at some point be the subject of an investigation for a sex crime, they should contact an attorney as soon as possible.