There is a certain stigma that comes with being investigated or arrested for a sex crime. Even the mere allegation that you have committed a sex offense could destroy your personal and professional reputations. It is crucial that you clear your name of the charges against you if you hope to protect your future.
Understanding what to expect in California sex crimes cases is the first step in building your defense strategy. Your knowledgeable Los Angeles sex crimes lawyer can help you understand the weight of the allegations against you, the possible penalties you are facing, and each step of the criminal process.
Here is more about some of the different types of sex offenses that could result in criminal charges, what happens after you are arrested on suspicion of a sex crime, and which defense strategies may be most viable in your case.
Sex Offenses Take Multiple Forms in California
Certain types of sex offenses will result in criminal charges. Generally, according to California Penal Code § 799-805, the prosecutor has between 3-6 years from the date of the alleged offense to file charges against you, but it can be substantially longer if the alleged victim was under 18 at the time of the offense. Some of the most common types of sex crimes our clients have dealt with include:
- Child molestation under California Penal Code § 647.6
- Child pornography under California Penal Code § 311
- Indecent exposure under California Penal Code 314
- Lewd acts with a minor under California Penal Code 288
- Rape under California Penal Code 261
- Sexual battery under California Penal Code 243.4
- Solicitation of prostitution under California Penal Code 647(b)
These crimes carry their own penalties. Sex crimes involving minors will often carry harsher penalties than those involving adults, and the statute of limitations may not begin counting down until the alleged victim turns 40 years old. In many cases, you may also be required to register as a sex offender.
For a free legal consultation, call (310) 896-2723
California’s Criminal Process When You Are Charged With a Sex Crime
Understanding what to expect in California sex crime cases can help you prepare for what is to come. Right now, you may be feeling overwhelmed and intimidated by the legal process. Once you have insight into how the criminal justice system works, you can feel more confident in your defense.
There are many steps in the criminal process, and every case is different. Not everyone charged with a sex crime will need to go to trial, particularly if your Los Angeles violent crimes lawyer can convince the prosecutor to allow you to enter a plea agreement. However, here is a general overview of how the criminal process works when you are charged with a sex offense:
The Investigation
First, law enforcement officials will begin an investigation. Sex crimes generally begin after the alleged victim makes a complaint to law enforcement officials. During the investigation, the police may speak with witnesses to the alleged incident, ask you for a statement, and start collecting evidence that they may use to secure a conviction.
If the police do attempt to talk to you, do not say anything. Exercise your right to remain silent as described by your Miranda rights. You will be thankful you did when you do not accidentally incriminate yourself.
Your Arrest and Bail
Once police have probable cause, they will likely take you into police custody. You will be booked in the local police department. During booking, police will take your photograph and fingerprints and record other important personal information.
You may need to remain incarcerated until arraignment, depending on the sex crime you are accused of committing. However, this is not necessarily true for all sex offenses, as each person’s case is different. You can learn more about what to expect between your arrest and consult your criminal defense attorney.
What to Expect During Arraignment
During arraignment, the state will file formal criminal charges against you. This will be your opportunity to enter your plea. Generally, as described under California Penal Code § 1016, you can enter a plea of:
- Guilty
- Not guilty
- No contest
The judge will also determine whether bail should be granted. In some instances, you could be released on your own recognizance (ROR). However, other times, the judge will believe you are a threat to the alleged victim, yourself, or society, or worry that you will not appear at your next court date and set an exorbitantly high bail or deny bail entirely.
Pretrial Motions
Before we go to court, we will need to deal with any pretrial motions. This involves going through discovery, where we exchange evidence with the prosecution. This is a great opportunity for us to get insight into the strength of the district attorney’s case against you.
Once we have reviewed the big picture of your sex crime defense, we will have a better idea of any other pretrial motions that need to be filed. For instance, we may file to have the charges against you dismissed if the state has attempted to file charges, but the statute of limitations has already expired. We may also file motions to get certain types of unlawfully-obtained evidence suppressed.
The Trial
At trial, the prosecutor will have an opportunity to make their case. We will be able to refute their assertions and present evidence that introduces reasonable doubt in the hopes of securing an acquittal. Different sex crimes carry different criminal penalties, so you will learn more about the risks that come with a conviction when we discuss the charges against you during your initial consultation.
Trust in a Strategic Los Angeles Sex Crimes Attorney for Help Today
Recognizing what to expect in California sex crime cases is one of the most important steps you will need to take before we can move forward with your defense strategy. Once you have insight into how your case may unfold, you can make the best possible decisions for your future.
After reviewing the evidence and circumstances of your charges, we will have a better idea of which approach is most likely to result in an acquittal or other favorable outcome.
You may not be able to rely on an overworked public defender when you are facing sex crime charges. Instead, get help from a reputable Los Angeles criminal defense lawyer from Simmrin Law Group and get the undivided attention and resources your case needs to win. Get started as soon as today when you fill out our secured contact form or call our office to schedule your confidential consultation.
Call or text (310) 896-2723 or complete a Free Case Evaluation form