As a leading criminal defense attorneys in San Jose, CA, we get a lot of questions about sex crimes. Here is a sampling of the most frequently asked questions we receive.
What happens when an allegation of a sex crime is reported to police?
- First of all, an investigating officer is assigned to the case. This officer is in charge of putting a case together for the District Attorney to Review.
- The alleged victims are interviewed. The investigating officers will then interview the alleged victims to find out what the allegations are.
- Witnesses will then be interviewed to help corroborate the alleged victim’s statements. These witnesses might be friends from school, parents, neighbors, therapist, etc.
- Pretext phone call. In many of these cases, officers will have the alleged victim call the client and ask them questions about the case. They may say something like “Why did you do that to me?” These are all recorded and the hope is to get a confession that they can use against you. Be suspicious if you receive a phone call from somebody that never calls you and if they start talking about any event that had sexual connotations.
- Interview of the Suspect. In many cases, the officer will want to interview the suspect. They will ask them to come down to the station and “clear the air”. They will appear very friendly and explain that you can leave at any time. UNDER NO CIRCUMSTANCES ARE YOU TO GIVE A STATEMENT. Officers are allowed to lie and use ruses to get a confession. They are very good at this. DO NOT MAKE ANY STATEMENT WITHOUT A LAWYER.
- Results of police investigation are given to the DA. Once the investigation is completed, the investigating officer will walk the case over to the Supervising District Attorney. They will then discuss the case and decide what charges, if any, should be filed.
I have to register as a sex offender. How can I get past this requirement and move on with my life?
The stigma of having to register as a sex offender is extreme. Many sex crimes carry a lifetime registration requirement. However, the law recognizes that in certain situations it may be appropriate to allow a person to apply for a certificate of rehabilitation. This can relieve a person convicted of a sex crime from having to register as a sex offender.
Not surprisingly, considering the benefit of a certificate of rehabilitation, the process of obtaining one is extremely challenging. The first step is record clearance, which is a complex process in itself. After that process is complete, there will be an array of applications and an interview with at the district attorney’s office. There will also be a hearing to determine if the candidate is appropriate for the post conviction relief. We prepare for the hearing thoroughly, readying ourselves to present a case to make it clear why you should be granted the certificate. Our experience has led to a positive record of success in these matters.