When someone is accused of a sexual violent or non-violent offense in Virginia, they may be unsure of what to expect to be treated and how their case may be handled. Speaking with a skilled sex offense attorney about their expectation following a Virginia sex crimes charge could be beneficial for the overall outcome of your case.
If someone has been arrested for a non-violent offense and it is a first offense, more than likely, the police will have some questions for them and they want to talk to them, and then ask them to come down to the station and talk to them. It is up to the person whether they go down there freely or not. If the person chooses to go down there, then, more than likely, when they get there, they will ask the person some questions.
If they already have a warrant, they will serve the person with a warrant and if it is a non-violent sex offense and a first offense. The likely expectation following a Virginia sex crimes charge is receiving some form of bond. They may be able to go home and figure out what they are going to do about a lawyer and they wll then go to their arraignment.
If someone is facing a violent sex offense, more than likely, the police are going to go and arrest the person and they are going to lock the person up. The expectation following a Virginia sex crimes charge of this caliber is potentially holding the person without bond. It may be up to the person to figure out how they are going to either get out to retain a lawyer or have family members contact a lawyer on their behalf so that they would have somebody working for them while they are in jail until they can see if they can get a bond, get them a bond hearing, et cetera.
If someone is being charged with a crime involving a minor, such as a violent offense involved with a minor in the City of Richmond, bond should not be their expectation following a Virginia sex crimes charge. They would rather just take their chances with the child, knowing the child is safer than rolling the dice on giving the person a bond and then them going back to do something with that kid. If it is an unknown individual or a stranger or whatever the case may be, that increases the chances of getting a bond and, also, if it is not a crime involving a minor, that will increase the chances of getting a bond as well.
If the accused was taken to trial, their case will likely be heard by a jury. If there is some kind of a plea that is in place, it will be taken in front of a judge. If it is something that is going to be tried, it is typically going to be tried in front of a jury if it involves adults.
If it involves children or incapacitated individuals, then it is going to be heard in front of a judge just because the risk is so high in sex crime cases. When the crime involves a minor or an incapacitated adult, there are a lot of emotions involved. Unless a person knows they will be found not guilty or they are likely going to be found not guilty, the risk is great because a jury is normally going to max a person out whereas a judge will not.
The most important expectation following a Virginia sex crimes charge is to need an attorney. They should contact one the moment they have an inkling that they are being investigated for a sexual offense. A lawyer is going to be able to tell the person what they should and should not do in order to put them in a desirable position to either not get arrested or not be charged. A lawyer will help them find a way to maneuver during the pre-arrest investigation and post-arrest trial to keep them out of trouble.
Patrick Woolley Attorney At Law