How Evidence is Reviewed in Sex Crime Cases

Sex crime charges can have significant legal and personal implications, even prior to trial. These cases can have complex evidence, conflicting statements, electronic documents and issues of consent or events surrounding an alleged incident. The legal process is complex, and the allegations come with serious criminal penalties and implications, which is why it is important to closely monitor the process and retain key details.

Your Dallas sex crime lawyers may first review how the allegation came to be, what evidence has been discovered by authorities and if the evidence gathered to date backs up the allegation. Defence lawyers don’t take an allegation and his or her meaning at face value but can investigate the circumstances behind the allegation, notice inconsistencies and ascertain the evidence in the accusation was obtained and handled according to the law.

Tracing the Development of the Allegation

An initial problem in a sex crime case could be the origins of the allegation. If there is context for a report, it can be helpful to the defense.

Attorneys may examine:

• The fact that the allegation was first reported
• Who was the first person to send the statement
• The intercultural communications that took place between the persons involved
• Whether they were other witnesses or not
• What evidence was there prior to investigators’ involvement

A lawyer can check the initial statement against the one that has been given later and any relevant documents. Simply because there are differences does not mean that there is any prima facie evidence of the falsehood. It is a possibility that the people are able to remember the events in different ways or that they might add more information over time. But there are substantial discrepancies that could leave one wondering, and more questions to ponder.

It can also be beneficial for an attorney to understand the development of an allegation, as this can help to identify aspects of the case that need to be investigated.

Reviewing Digital and Documentary Records

An investigation of modern sex crime may involve a lot of information that is electronic. The nature of text messaging, emails, pictures, social media use, call history, location data and other electronic communications can be relevant to the case at hand.

Assessing the Methods Used in the Investigation

How the police carry out an investigation may be a key component of a criminal defense. There are some searches, seizures, interrogations, and other investigative techniques that are limited by the constitution.

Based on the situation, an attorney might examine:

• The method of obtaining the evidence.
• Whether or not a search needed to be authorized under the law
• How the physical and/or electronic evidence was preserved.
• If any statements were obtained according to the law.
• If there is a question regarding the use of proper procedure.
• Whether or not the prosecution’s evidence is open for challenge.

When the case is dependent on electronic devices, recorded statements or items found at a search these questions may be significant.

An attorney can also check police reports and investigative files to see if anything has been left out, or the details were different from what the police eventually put together in the criminal charges.

The purpose of an investigation procedure review is not just to look for the technical errors. It is to see if there was evidence obtained, and presented, in a manner that was consistent with the defendant’s legal rights.

Frequently Asked Questions

What is the job of the Dallas sex crime lawyers?

They can investigate the allegations, review the evidence, evaluate the investigative process, defend the rights of the accused person, and communicate with prosecutors and prepare the defense for the proper phase of the criminal process.

What does Digital Evidence have to do with these types of cases?

Digital communications and records can help put information about the relationship between people in context. Attorneys might explore whether the info is complete, correct, properly got and accurately interpreted.

Are there ways to prove that evidence obtained in a search is invalid?

Under certain conditions, defense counsel may review the constitutionality and procedural requirements for a search and/or seizure. If legal issues are identified, an attorney might be able to decide if a court challenge is warranted.

So why is it important to have legal representation early on?

Representing a defendant early can enable counsel to guide the accused through the process with investigators, gather pertinent information, initiate an examination of evidence, and address procedural matters while the case proceeds.

Conclusion

A sex crime case may present with a complex fact issue, with a level of sensitivity to allegations, a large volume of electronic evidence, and serious repercussions of the case. Attorneys involved in these cases might have to consider not only the allegations themselves, but also the development of the allegations, the collection of evidence and whether or not it treated the accused person fairly and within their rights.

Careful defense could require scrutinizing communications, looking at alternative reports, examining documentary and electronic evidence, and being ready for all stages of the criminal process. Each case is unique and the legal strategy is dependent upon the allegations and the evidence. People accused of these charges may want to get a lawyer’s advice before taking action that may impact the case. Broden & Mickelsen LLP  can guide people through the legal process and help them build a defense in light of the specific facts of their case.