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Man in Prison Uniform Answering Questions about Sex Crimes Cases

Ways to Improve Your Texas Sex Crime Defense

Published: Feb 20, 2023 in Criminal Defense, Sex Crimes

Sex crime cases are some of the most contested, complicated, and emotional legal procedures you can endure. You need excellent legal representation to help you obtain a favorable outcome. You also need to be active and disciplined with your defense.

Simply put, even the best team of criminal defense lawyers cannot win your case if you don’t participate in your defense. Here are some of the top actions you can take to improve your Texas sex crime defense and protect your future.

First, Call a Lawyer

Don’t Talk to The Police if Accused Of a Sex Crime

When you have been charged with a sex offense in Texas, you must exercise your right to remain silent.

You may hope to clear this matter up from the start, but doing so may weaken your defense. Police could coerce you to make a false statement, misinterpret your statement, or bias investigators against you.

Early intervention can make all the difference when you’re accused of a sex offense. By hiring a sex crimes lawyer as soon as possible after your arrest, you can avoid being a victim of the criminal justice system and take steps to clear your name of these devastating allegations.

Things That Can Help a Sex Crime Case

You do not need to rely on your criminal defense lawyer to handle every element of your defense. Those more proactive with their defense are often more likely to obtain an acquittal. Your attorney can help you craft a compelling defense strategy to be heard at trial, but there are also steps you can take to defend yourself.

Choose a Defense Strategy

Some of the more common defenses for sex crimes in Houston could include:

  • The alleged victim consented to engage in the sexual activity in question
  • Your identity has been mistaken for the perpetrator
  • Police have insufficient evidence to obtain a guilty verdict
  • You were not read your Miranda rights
  • Police illegally search your home or person
  • Evidence was unlawfully obtained
  • The alleged victim gave inconsistent statements to the police
  • The alleged victim has an ulterior motive to lie about the alleged sex offense
  • The Romeo and Juliet defense
  • You had no way of knowing the alleged victim was underaged
  • The alleged victim is a minor, but you are legally married

The burden of proof is on the prosecutor to prove guilt beyond a reasonable doubt. However, juries can be fickle. Make sure you take action to choose a defense most suited to your case.

What To Do to Help Your Sex Crime Defense

While it’s important to remember what not to do in a sex crime case, there are several proactive steps that you can take to improve your chances of an acquittal or a lenient sentence:

Remain Involved in Your Case

Don’t just lay back and expect your lawyers to win your case. If they ask you to do something, do it. Be prepared for meetings and take notes. Your defense team will work better if you are open to learning a little about the law and its procedures.

You can understand and even participate in formulating the trial strategy. If there is a plea offer from the prosecution, you will be able to determine whether it’s a good idea to accept.

Make a List of Witnesses

You need to write down the names, backgrounds, and contact information of anyone who can testify on your behalf in the case. This includes people who might testify either for you or the alleged victim. Your lawyer needs to be able to show the credibility of your witnesses and needs time to find ways to challenge the credibility of the alleged victim’s witnesses.

Bolster Your Credibility

No matter how dark your past may be, it’s never too late to begin taking steps to rehabilitate your reputation. If you have substance abuse issues, now is the time to enroll in a program. Engage in your community. Don’t associate with questionable people, and keep your social media pages looking respectable. Cases are often decided on the jury or judge’s perception of who is the more credible and likable person.

Lawyers can rarely win cases without the assistance of their clients. You need to view yourself as an integral part of your defense team and focus on proving your innocence as soon as you learn of the charges against you.

Consider Taking a Polygraph

Lie detector tests, also known as polygraphs, are not typically admissible when your case goes to court. But they could help reduce law enforcement’s interest in considering you a criminal offender.

If you pass a polygraph, you may be able to avoid criminal charges altogether.

Get Experts to Challenge Forensic Evidence

Your criminal defense lawyer can hire expert witnesses to question the validity of the forensic evidence in the case. If your attorney can show the evidence isn’t 100%, the charges could be dismissed, or it could raise doubt against the prosecution’s case. An expert could explain the evidence has broken down, lab officials made a mistake, or the analysis of the forensic evidence excludes you as a suspect.

Question the Alleged Victim’s Credibility

Does your accuser have a history of making false complaints? Is their testimony unreliable? Your sex crimes lawyer can call their credibility into question and establish their motives for making false sex crime allegations to secure your release.

Here’s What You Shouldn’t Do

You should not do certain things when you have been charged with a sex crime in Houston.

Do Not Talk to Potential Witnesses

Some of the strongest evidence a prosecutor can use in a criminal case is the suspect’s own statements and actions. You may be unable to change what you said or did in the past.

You do, however, have control over the present and the future. No matter where you think your case is heading, you can significantly improve your odds if you immediately refrain from speaking with potential witnesses.

Do Not Talk to Anyone or Post on Social Media

The critical point to remember is how easy it is for a prosecutor to reframe your words and actions in a damning light. Your most well-intentioned comments could easily be used against you.

Imagine you face accusations of sexually assaulting someone, and the alleged victim or one of their family members confronts you. You know you’re innocent, but you want to recognize the pain they’re experiencing. At one point, you tell them, “I’m sorry for what you’ve been put through.”

This statement may sound innocent enough, but a prosecutor can probably get this declaration introduced as evidence, and the jury could view it as an admission of guilt. It’s impossible to know exactly how your words can be construed, so the best way to make it through sex crime cases is to avoid all contact with potential witnesses.

Don’t Use Defenses That Don’t Work for Sex Crimes

One of the worst mistakes you can make is remaining set on a specific defense. For example, if you were drunk at the time of the incident, you may consider arguing intoxication as a defense against sex crimes.

However, this is not considered a valid defense under the law. If your attorney suggests an alternative defense that is more likely to work, it may be in your best interests to consider switching tracts.

An Experienced Sex Crimes Lawyer is Important

You need to get a sex crimes attorney working on your case. This can help to protect your reputation and your future. Your criminal defense attorney can analyze the details and evidence of your case and figure out how to approach your defense so you can clear your name and get back to your life.

Contact Ned Barnett Today

At The Law Offices of Ned Barnett, we have a proven track record of achieving positive outcomes in complex sex crime cases. Attorney Ned Barnett is a fierce advocate and careful strategist dedicated to remaining accessible and attentive to each of his clients.

Being charged with a sex crime can leave you hopeless and isolated, but we will always be there for you. If you’ve been accused, contact us today at (713) 222-6767 to schedule a free initial evaluation of your case.