Although the specific elements differ on a case by case basis, in order to get a conviction the prosecution must prove that the alleged offense occurred beyond a reasonable doubt. Typically, a Virginia sex crimes attorney’s first step in building a defense strategy will be to figure out what elements of the offense must be proven, and how the Commonwealth intends to prove those elements.
There are a variety of defense strategies that may be employed, depending on the nature of the offense. For example, if the prosecution intends to prove the offense through direct evidence such as testimony, then it is important to know more about who is going to be testifying and what their testimony will be. If the prosecution is going to use more forensic evidence, pictures, and other things of that nature, it is important to know what it is they are going to be introducing and how the defense might be able to lessen its impact.
The first questions an attorney might ask their client is what circumstances led them to seek counsel. The attorney may wish to know how their client came to encounter law enforcement, specifically what were the exact procedures that they remember before law enforcement encountered them and then shortly after. They will want to know what their client said, what they were doing, and what other people were doing around the time they encountered law enforcement. For example, if an alibi defense may exist, they will want to preserve that alibi as soon as possible in order to increase its veracity.
Defense attorneys do not build a defense strategy to the type of case, but rather to the evidence and circumstances surrounding it. The attorneys learn as much as possible about the case before the evidence becomes stale or unable to be preserved. These steps also apply for those general principles for the specific elements of the Virginia sex crimes case.
When building a strategy, it is important to consider multiple factors. There is no secret formula that applies to every sex crimes case. Some of the factors that might be considered are the nature of the accused’s conduct, the nature of the defense, the accused’s background, and the evidence as it presents itself. This may include witness evidence, forensic evidence, or video evidence. An attorney should look at all these factors to determine how to best promote their client’s goals and interests.
The main reason to choose a private law firm to provide a defense in a Virginia sex crimes case, instead of a solo practitioner, is the ability to work with someone who has a multitude of assets available. These assets may include other attorneys, including attorneys that bring different backgrounds and different viewpoints to the tableas well as private investigators, law clerks, legal assistants and other staff to help with witness preparation, document review and preparation and other necessary tasks that would be difficult for someone working solo.
In general, it cannot be emphasized enough that if you are charged with a sex crime in Virginia you should contact an experienced local sex crimes attorney.
There are many benefits in having an attorney when you are charged with any criminal offense, including a sex crimes offense. The top three benefits to consider when you are charged of sex crime are:
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