SEX CRIMES IN FLORIDASex crimes are unique because the law heavily favors the accuser. As a result, an accuser’s past sexual history, mental health, or previous false accusations is not always admissible. Therefore, the best defense against an accusation is a good offense, which is to gather evidence that calls into question the accuser’s credibility and that supports your innocence. Of course, you are not required to prove your innocence when you are “presumed innocent until proven guilty.” However, common sense dictates that you do so if you want to persuade the prosecution not to file charges, or a jury to find you not guilty. It is ALWAYS easier to persuade a prosecutor not to file charges because of conflicting evidence, than it is to persuade a prosecutor to drop charges they already filed.
Pre-Filing InvestigationInvestigation before a filing decision is made yields tremendously useful information. If I obtain the information before charges have been filed I can present it to the prosecutor to show them they have a weak case that should not be pursued. Importantly, if the pre-filing investigation does not yield helpful information, I can develop a more appropriate defense strategy based upon the findings. Pre-filing investigation involves two major components:
- Investigating the Accuser, and
- Gathering Exculpatory Evidence
- Manipulation of children by an angry parent, or
- Mentally ill parents influencing a child
- When did they say it happened?
- Where did they say it happened?
- When did they report the incident?
- Were there any communication devices involved?
- Whom did they confide in?
- Have they made any conflicting statements?
- The list goes on…