It is never a good idea to get legal advice from the street, but when you have been accused of a sex crime in Florida, it is especially important that you take your defense seriously from the beginning. Believing what a friend or family member tells you about sex crime law could land you in jail. As an experienced sex crimes defense attorney in Miami, Daniel Izquierdo has heard a lot of bad advice and wants to debunk some of the most common myths he has come across in his career.
Common Misconceptions About Miami Sex Crimes
Fear and desperation can cause a person to believe some pretty bad advice. Unfortunately, if you take these comments to heart, you could irreversibly damage your sex assault or pornography defense. Some common myths include:
Hiring A Lawyer Makes You Look Guilty
You might even get this “advice” from the detective investigating your case. After all, if you’re innocent, why do you need an attorney? I’ll tell you why. Because no one else will be looking out for your interests or protecting your rights.
If The Victim Recants, There Is No Case
Once the police have been called, the case is out of the accuser’s hands. It doesn’t matter if she later changes her mind and decides to take back her accusation. Once the state has the case, they don’t need the accuser to pursue charges.
You Can Reason With The Accuser
If you have been accused of sexual assault by someone you know, you might think you can talk him or her out of reporting the incident or testifying against you. This kind of contact with a victim can make you look even more guilty.
You Can Use Social Media To Your Advantage
You might be desperate to protect your reputation, but discussing the case in any way on Facebook or Twitter can come back to bite you. In fact, you should stay off social media completely while investigations are ongoing.
There Must Be Physical Evidence To Convict
Fans of shows like CSI often think they know everything about evidence. If you have been accused of rape and you know you are innocent, you might think the lack of physical evidence will prove your case. However, sex crimes are successfully prosecuted all the time, with no physical evidence at all. Often, the victim’s word is enough to convict.
You Can't Be Charged After The Statute of Limitations Is Up
In Florida, prosecutors have one year to file charges after a 2nd-degree misdemeanor has been committed, and four years to file charges for a 3rd-degree felony. You may think that, because years have passed since an alleged assault occurred, you can’t be charged. However, there are many exceptions to Florida’s statutes of limitations, especially when a sex crime is involved.
You Can't Plea Bargain A Sex Crime
An experienced sex crimes defense attorney may be able to negotiate a deal in a variety of sex crimes. Getting the charges reduced or arguing for minimum sentences can make a huge difference in your future.
Any Criminal Defense Attorney Can Handle A Sex Crime
Would you call a plumber to rewire your garage? No. So why would you call a general criminal defense attorney when you have been charged with a sex crime? You want an attorney who has successfully argued cases similar to yours. This experience will be invaluable in protecting your freedom and your future.
There is no end to misconceptions about the legal process. If you choose to trust your brother-in-law or neighbor when you have been arrested for a sex offense, you may pay for the mistake with your life.
Are You Need Of A Florida Sex Crimes Defense Attorney?
If you've been accused of a sex crime in Florida you need to speak with an experienced sex crime defense lawyer as soon as possible. Contact me online or call my Miami office at 305.707.7345 today. We will discuss options for your defense and do everything we can to protect your rights and fight the charges.