SEX CRIMES
Sex offenses include a wide array of criminal conduct from public lewdness to child sexual assault. The punishment range for a serious sex crime conviction will often be severe and life altering. It is imperative that you seek the advice of an attorney experienced in defending those accused of such crimes. If you or a loved one is being investigated for a sexually related crime, you must insist a lawyer be present at all times.
A common misconception and often serious mistake by those suspected of sexual misconduct is to think that cooperation will make the case go away. That is rarely the case. There exists a real and intense bias among law enforcement that will prevent them from being objective in these matters. The initial outcry witness (usually another family member or teacher), medical personnel, investigating officer and finally the prosecutor and often the judge will all assume the allegation is true and therefore be biased in there interpretation of the evidence. Only through the work of an experienced and diligent attorney will your rights be protected and a favorable outcome achieved.
Brett Podolsky has won numerous aquittals and dismissals for his clients charged with the most serious of child sexual assaults.
TYPES OF SEXUAL OFFENSES
Sex offenses include all forms of illegal sexual activity, including sexual assault, which is usually defined as penetration of the male or female genitals without consent. Sexual contact is considered non-consensual if; (1) the victim actually refused (no, means no) or otherwise objected; (2) was physically or mentally unable to give valid consent (unconscious or otherwise physically or mentally impaired); or (3) because of the age of the victim, was not able to legally consent to sexual contact under any circumstance (statutory rape). The most serious of these crimes involve the sexual assault of children or sexual assault by the use of deadly force. Other sex offenses include indecent exposure, prostitution, child pornography, online solicitation, public lewdness and indecent exposure or contact.
DATE RAPE
As access to pharmaceutical grade narcotics becomes easier, so will the investigation and prosecution of so-called "date rape" crimes. These crimes often include a scenario where two people go out on a mutually consensual date and at some point during the date one party becomes very intoxicated and the suspect is alleged to have taken advantage of the victim by having sexual contact while that person physically or mentally unable to consent. This intoxication can be voluntary (I drank too much), but the more often prosecuted case involves the allegation that the suspect "slipped" some sort of drug into the drink of another. These "date rape drugs" often include GHB, Rohypnol, Ketamine, Codeine, Soma, Xanax as well as many other narcotic analgesics or central nervous system depressants.
The defense of those charged with this type of crime requires that the attorney be familiar with the chemistry and pharmacology of these drugs as it relates to a person's mental and physical condition. Your lawyer must also be schooled on how these drugs are absorbed and eliminated by the human body. These cases can and have been won by this office based on a superior knowledge of these issues and a showing that the toxicology report and the pharmacology of the drug in question does not support the story of the alleged victim and the prosecutions theory.
Prosecution and Defenses
Many sex-offense acts have no eye witnesses other than the Defendant and the alleged victim. A decision to file charges is often made on the strength and credibility of the parties. Because of the personal nature of these crimes, false accusations can and do occur and they can be difficult to defend for an experienced attorney and often overwhelming for an inexperienced one. If you or someone close to you has been charged with or being investigated for a sex offense, the most important call will be to your criminal defense lawyer. A conviction for a sex crime can bring severe penalties and change your life forever. An aggressive and experienced criminal defense attorney will help develop a defense that ensure the best possible result considering the law and facts of your case.
With the Law Office of Brett A. Podolsky you will get a law firm with a proven track record for achieving the best results possible for their clients.
