If You Have Been Charged With a Sex Crime
MICHIGAN SEX CRIME ATTORNEYS
First, it is a myth that the police are there to help people under criminal investigation. The police are not trying to help you if they are investigating you. The same can be said of CPS investigators. They are people with the job of collecting evidence any way they can. It is legal for them to lie to you to get you to talk. And lying is even considered good police work. In the same way, investigators often make unenforceable promises like getting you help of offering leniency. A key point to remember is that Miranda warnings are not an overarching shield against police and may not ultimately protect the criminal defendant.
If police are investigating you regarding a crime:
- Remain silent. Our experience tells us that most people who go to prison for sex related crimes talk to police first. Most people that talk to police do so because they think it will help. It almost never does. Invoke your right to remain silent until you have retained counsel and had a full consultation. Remember that anything you say will be used against you in court. Be polite and respectful, but decline to discuss any aspect of the investigation with police. Be persistent in asserting this and demand an attorney’s presence. The police may try to trick you into discussing your case, but it is crucial that you do not. It is common for police to tell you “I won’t arrest you if you talk to me, you will be free to leave.” Don’t fall for this! What they really mean is that you won’t be arrested today. However, they will your comments against you tomorrow.
- Never give the police consent to do anything without attorney advice. For instance, never give consent to search, to obtain a blood or hair sample, or to discuss your case with you. You should not resist an officer who is trying to seize evidence or enter your home illegally. But you should make it clear that you are not giving permission.
- Do not resist arrest. If a police officer is arresting you, be cooperative and go along peaceably. Also, alert the questioning officer immediately that you will not talk with police without an attorney present.
- Prior to consulting a lawyer, only provide required biographical information. Police don’t need more than basic facts like full legal name and address. If police request fingerprints or photographs, please fully comply. However, booking a suspect does not involve a discussion about the allegations.
- Request a telephone call. Either call an attorney immediately or have family or friends call on your behalf. Our attorneys are on call 24/7 for emergency situations. Call us at 1-866-766-5245. It might even be helpful to put our telephone number in your wallet for safekeeping.
- Refrain from discussing your case with anybody but your attorney. Your cellmate might seem like your friend but he or she quickly can become a police informant. These “jail house snitches” have ruined many criminal defense strategies. Additionally, your family and friends may mean well but they could inadvertently leak information that could jeopardize your case.
- Post bond as soon as feasible. First, if you have any bond reduction issues, we can assist by filing motions on your behalf. Additionally, if you are arraigned and asked how you plead, state, “I stand mute.” If you haven’t been arraigned yet, we can assist you with that.
- Never waive your preliminary examination without attorney advice. A District Court “prelim” is required before a felony case can be bound over to Circuit Court. This proceeding is an important pre-trial proceeding where defense counsel can make substantial progress on the case. Therefore, this should not be waived without consulting an attorney because once it is waived the opportunity is generally gone forever.
- Meet with your lawyer as soon as humanly possible. Please be candid and forthcoming with all information related to the events in question. Be sure to also tell us about any prior criminal history or witnesses that might either aid or damage your case. The most important point to remember is that the best criminal defense starts with you.
Special Note to Parents of Minors: Never let your child be interviewed by police without counsel and/or yourself being present unless you have thoroughly discussed this with an attorney. Kids have the same right to remain silent as adults, but as a practical matter, they do not have the wherewithal to assert that right. Parents often tell their children to “just tell the truth.” This advice often leaves a child with many years on the sex offender registry to consider the wisdom of that parental advice. It is much better to tell your child “don’t say anything, I am calling a lawyer for you.”
Special Note to Family and Friends: Don’t talk to you’re your friend or family member about the case if they are in jail. Jail calls are recorded. Jail conversations are recorded. If you are talking to someone who is in a jail, tell them you do not want them to discuss their case. Don’t ask them to explain anything or deny anything. The police cannot legally record a conversation with an attorney, but all others can be recorded and potentially used in court.
WE PROVIDE A FREE CONSULTATION
Contact us at 1-866-766-5245 or fill out our contact form if you are looking to hire an experienced sex crime attorney. We have about 100 years of combined experience and obtained many excellent case results. We practice throughout Michigan defending people accused of sex related crimes. Immediate help is available 24/7 for emergencies.