Legal Defense Strategies for Winning Sex Crime Cases in Michigan
The first step towards winning a sex crime case is to research, select, and hire the correct criminal defense attorney. You need an attorney who has a sharp legal mind and possesses the skills, talent, and experience to successfully orchestrate your winning legal defense strategy from approach, execution, to resolution. There are opportunities to win at each stage in the proceedings and your attorney should aggressively pursue every critical impasse for victory. The stronger your defense, the better your outcome. Grabel & Associates has been passionately protecting client’s rights for nearly 20 years, and has appeared before judges and prosecutors in courts all across Michigan’s 83 counties. We are available 24 hours a day, seven days a week, at 1-800-883-2138 for free case evaluations.
Police Investigations and Child Protective Services Investigations
Do not consent to a police investigation without an attorney present. There are two crucial periods to be aware of when dealing with the police. First, if you are arrested you are especially vulnerable, so you should say only as much as necessary. Your 6th amendment right to counsel does not actually take effect during an arrest, but only is triggered once you are involved in a custodial interrogation.
Case law has determined that being placed in handcuffs during an arrest does not qualify as custodial interrogation, but once you are at a precinct or police station and are placed in an office or holding cell you have the Constitutional right to immediately demand an attorney. After you are arrested you should remain silent, and request an attorney as soon as you are able to. It is imperative to not consent or participate in a police custodial interrogation or interview without the presence and representation of an attorney.
Many different medical, educational and law enforcement professionals are considered mandated reporters under MCL 722.623, so if you are investigated by police for a sexually related crime, then you will most likely also be investigated by Child Protective Services for an abuse or neglect complaint. Child Protective Services investigations are required to begin within 24 hours of receiving a complaint and they do not need to give any notice, so they will show up at your front door. When Child Protective Services shows up at your front door, take the same approach as with the police and do not agree to an interview. Do not allow Child Protective Services inside your home or speak to your children. Inform them that you will need to speak with your attorney and that you will take their business card. Also, ask them about the specific details of the complaint. If they tell you they are investigating abuse and neglect, then ask them again for the specific details included in the complaint so you can share them with your attorney.
Do Not Consent to a Polygraph Examination
Another strategy you want to be certain to implement is not consenting or submitting to a polygraph examination. Police or prosecutors may offer you a polygraph examination, and may even entice you with a favorable plea deal or dropping the charges, but it is imperative you do not take a police polygraph examination.
Instead, you must seek out a qualified and reputable private polygraph examiner in your area and perform a private polygraph examination. You do not want to take a police polygraph examination that will be available to police investigators and the prosecution without first knowing if you can pass one. Therefore, a competent, qualified, and reputable private polygraph examiner can administer a private polygraph examination, and then you and your attorney can decide to share the results with the prosecutor only after knowing that they show you are being truthful about all relevant matters.
By choosing the best polygraph examiner in your area, the prosecutor is more likely to rely and give weight and credence to the results. Our sex crime attorneys have been negotiating using polygraph results for nearly 20 years and knows the best, most relied upon polygraphists in all of Michigan’s 83 counties. We can set up your private polygraph examination to start the process.
Using Polygraph Examination Results to Win Sex Crime Cases
After you or the person you care about has proven that you can pass a private polygraph examination, the next winning strategy is to communicate with the prosecutor to see if they will be willing to drop the charges. Some prosecutors are willing to make their charge decisions based on a reputable private polygraph examination that they know and trust. However, sometimes there is an additional step where the prosecutor reviews the private polygraph examination results and asks for you or the person you are concerned about to submit to a police polygraph examination. Furthermore, sometimes prosecutors will even offer to drop the charges contingent upon the person passing a police polygraph examination.
Police polygraph examinations can have biased questions that are phrased and written in ways to implicate guilt. Polygraph examination results are not admissible at trial, but admissions of guilt are despite the fact that the corresponding results demonstrating truth or deception are not admissible. Consequently, clever and experienced police polygraphists will attempt to entrap admissions of guilt in the questions and focus the examination and producing relevant admissible evidence. Therefore, it is important to always have your attorney review the police polygraph examination questions before taking the examination. Grabel & Associates insists on reviewing all police polygraph examination questions and attending the actual performance of the examination to ensure the client is protected and the outcome is favorable. This can produce a more favorable bargaining position for negotiations with the prosecution to have charges reduced or dismissed.
Another winning strategy for utilizing a polygraph examination during a sex crime case is to offer the accuser a polygraph examination after you successfully pass a polygraph examination yourself. An offer would include providing the accuser the option to choose any examiner to perform the test and to pay for it.
If they do not agree, then the refusal casts doubt on the credibility and veracity of their claims. If the accuser does agree, they may fail the examination and cause the prosecutor to drop the charges. There have also been occurrences where the accuser breaks down and admits they fabricated the entire allegation and confesses to lying about their statements resulting in the prosecution dismissing the charges. For all of the aforementioned reasons, taking a polygraph examination and offering a polygraph to an accuser are both commanding tools for winning sex crime cases.
Grabel & Associates
Grabel & Associates will employ all available winning case strategies to win your case and move you and your family in a positive direction. Call 1-800-883-2138 today for a free case evaluation and consultation.