The penalties for a sex crime conviction are steep, so it is essential to prepare for potential charges if you were accused of this type of offense. It is generally best to speak with a lawyer as soon as you learn of any allegations made against you. A skilled defense attorney at Berry Law can explain what to expect in Lincoln sex crimes cases and prevent you from making mistakes that could hurt you at trial.
Steps Taken After a Sex Crimes Arrest in Lincoln
If you are arrested for an alleged sex crime, you can expect the police to take you to the local booking station. Law enforcement will take your finger and palm prints, and they may take a DNA sample. Additionally, the officers will photograph you.
Setting a Bond
After the booking is complete, you will be lodged in jail until you go in front of a judge to determine whether a bond should be set. If your charge is a misdemeanor, such as third-degree sexual assault, you might be able to post a bond before going in front of a judge.
If you are facing a felony charge, you must appear in front of a judge. Once the judge sets the bond, you must post 10 percent of that bond to be released. For example, if your bond is set at $100,000, you must post $10,000 to secure your release from jail. In sex crimes cases, the bond is typically ranges between $100,000 and $250,000.
Conditions for Pre-Trial Release
Judges often put conditions on bonds to ensure defendants return to court and discourage them from committing future crimes or impeding the prosecution. Those conditions might prohibit contact between you and the accuser or any other witnesses. Additionally, the judge may restrict your ability to access the Internet, computers, or phones.
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When Can You Contact a Lawyer?
You may contact a lawyer at any time, but it is always best to retain an attorney as soon as you suspect there may be some criminal charges pending. Though you have the right to contact an attorney while you are in custody, you may not know who to call if you have not already retained counsel.
While in jail, you will not have access to your phone or the Internet. Additionally, the officers may restrict your ability to make phone calls. Given the challenges associated with finding an attorney immediately after an arrest, you should seek legal help as soon as you are made aware of the sex crime allegations.
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Types of Evidence Typically Presented in Sexual Misconduct Cases
The evidence presented by the prosecution may vary depending on the type of crime charged. For example, in a child pornography case, the evidence will likely be photos or videos.
In sexual assault cases, the evidence is substantially different. An accuser might need to testify in court that he or she did not consent to the alleged sexual contact. Rape cases might even involve DNA evidence. A seasoned attorney in Lincoln can inform you of types of evidence to expect in a sex crimes case.
The Use of Witness Testimony
Witness testimony is unique in sex crime cases for a variety of reasons. In these cases, the only people who fully know the facts that provide the basis for the criminal charge are often just the accuser and the accused. However, the accuser may not want to appear in court and testify.
He or she may be intimidated by the process and want to avoid being placed under oath and subject to cross-examination. A proactive attorney will quickly identify corroborating witnesses and look for weaknesses in their testimonies to diminish their credibility.
Will There Be a Jury at Trial?
Any good lawyer will make sure that a jury hears the sex crime case. Many experienced defense attorneys believe that, regardless of the facts, the best chance to be successful for securing an acquittal lies with a jury. Most judges across the United States were prosecutors before they became judges, and they likely still have a prosecutorial mentality.
A jury does not think like a lawyer, prosecutor, or judge. A seasoned attorney can present inconsistencies in the prosecution’s case to instill doubt in the jury and secure a not guilty verdict.
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Ask an Attorney in Lincoln What the Expect in Your Sex Crime Case
If you were recently accused of inappropriate conduct, you may be unsure what to expect in Lincoln sex crimes cases. The criminal justice system can be intimidating, but the attorneys at Berry Law will support you every step of the way. Contact our law firm right away to schedule a confidential consultation.