Constitutional Issues in Richmond Sex Crimes Cases 

The Constitution was written with the purpose of protecting people’s rights. Those rights do not disappear once an individual is suspected of committing a criminal offense. However, constitutional issues in Richmond sex crimes cases are common and complicate an individual’s case. An experienced sex crimes lawyer could leverage those issues when building an individual’s defense. Those who have been charged with sex crimes should consult a capable attorney today.

Fourth Amendment Issues

One of the constitutional issues in Richmond sex crimes cases that comes up is Fourth Amendment issues. The Fourth Amendment is the right to be free from illegal searches and seizures. Whether it be a possession case or a sex case, attorneys should always make sure that the defendant has not been illegally searched or illegally seized, and that if they have, that information cannot subsequently be used against them in the trial or in a hearing. The Fourth Amendment is always going to be present.

Fifth Amendment Issues

The Fifth Amendment refers to an individual’s right to remain silent and not have anything used against them without being properly Mirandized during a custodial interrogation.

When dealing with sex crimes, there are usually two types of individuals. The first type is the individual who finds themselves engaged in certain activity and they know that that activity is wrong but, for whatever reason, they cannot stop themselves from committing or from participating in that activity. Those individuals are the ones who normally when caught, have a sense of relief that they have been caught and they tend to implicate themselves. In those cases, people need to remember they have the right to remain silent. They need to exercise their right to not saying anything because, then, if they do not and the police officers do something that is constitutionally illegal, they can get evidence suppressed.

For the other type of person, this conversation does not need to be had because they know that they are doing is wrong, but are also aware of the existing laws. Those people generally know their rights. They know to remain silent. They know to contact a lawyer and they can find themselves in better positions than others when dealing with these certain types of offenses.

Building Defenses to Sex Crimes Cases

An attorney builds defenses around two things: they build them around the facts as they are, and they build them around the facts as the police believe them to be. If the facts are very clear, easy to explain and easy for someone to understand, then they can be built and presented that way. If the facts, as they are, are convoluted, confusing and can be detrimental to the client for one reason or another, then they will build their case around the facts as the police believe them to be.

Factors Lawyers Consider When Building Defense Strategies

Some of the factors in building defenses include how confusing or convoluted the facts are, the level of culpability of the person, what, if anything, the individual has already done and working with the police, what statements have been made, and what constitutional issues in Richmond sex crimes cases are available to them as the defense attorney. Those are a couple of things that a lawyer might look at when constructing a defense. If an individual wants to learn more about building a defense, they should consult a skilled attorney that could advocate for them.