Sex Crimes Operate Under Different Rules of Evidence
Lakeland, FL (Law Firm Newswire) April 17, 2013 - Sex crimes are a whole different ball of wax, and extremely serious crimes.
"If someone is charged with a sex crime and the charges involve a child, this is a very serious matter and you will need an experienced Lakeland criminal defense attorney at your side. The bad news begins with word of such a charge reaching others, including family, friends and co-workers. The instant reaction is bone deep rage and revulsion, despite the fact that the individual charged may be completely innocent. People forget that first and foremost, someone charged is still presumed to be innocent, until proven otherwise," stated Thomas Grajek, a Lakeland criminal defense attorney.
Dealing with a charge like this is not a cake-walk and should never be treated as such. The individual charged needs an attorney with extensive experience handling sex crimes and working with juries, particularly if the charges involve molestation, exhibitionism, child porn and computer child porn, rape, and traveling to meet a minor for the purposes of sex, etc.
Many of the sex crimes outlined in the Florida criminal code carry a mandatory penalty of a minimum of 25-years in jail, in addition to being labeled as a sexual offender or predator; designations that require the offender to register with the State of Florida. "Once your name is entered in an offender registry, you are restricted as to where you may work and live. If you do not register, you face more felony charges with prison time," Grajek explained.
The most important thing to know is that sex crimes have different rules of evidence than other criminal cases, and because that is the case, they are exceedingly difficult to defend. "This is why, if you have been charged with a sex crime, you need to immediately call a Lakeland criminal defense attorney," suggested Grajek.
"In sex crime cases, hearsay from a child is admissible in some circumstances, and similar fact evidence is also fair game for the prosecutor to enter into evidence. You need a seasoned criminal defense attorney to argue against the admission of this type of evidence."
Many defendants faced with a sex crime charge involving a child ask how they could possibly be arrested, or convicted of such a crime, if the only evidence that exists is a child’s statement. This is all the prosecutor needs, as the child’s statement “is” evidence. It then becomes a question of who will a jury believe.
"In short, the statement of a child is enough to arrest you, and may ultimately be the only evidence that convicts you. You need an experienced criminal defense attorney to protect your rights," remarked Grajek.
Thomas C. Grajek
206 Easton Drive, Suite 102
Lakeland, FL 33803
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