Are You Under Investigation for a Sex Crime in Texas?
If you are under investigation for a sex crime in the state of Texas, you’re probably asking yourself what should I do?
Here is some helpful advice from a former Texas sex crimes prosecutor
If you have been contacted by law enforcement, please read this! During the course of an investigation for any sex offense it is standard procedure for the lead investigator to reach out to someone that has been accused to “get their side of the story.” CAUTION: This is a common tactic that law enforcement investigators are taught to elicit admissions and “lock in a story” from the accused!
1 – Do not make any statements to law enforcement and ask for an attorney!
YOU HAVE AN ABSOLUTE RIGHT TO NOT MAKE ANY STATEMENTS!
Do not talk to law enforcement until you have consulted with an experienced Houston sex crimes defense attorney! When a person is accused of such serious allegations it is human nature to want to defend one’s self. Law enforcement knows this and preys on people’s fears. Obviously, an innocent person would not intentionally confess to something they didn’t do. The concern is that in submitting yourself to an interrogation by an experienced investigator will lock a person into a statement of facts without knowing or having seen exactly what one is being accused of. The best free advice Paul Darrow can give is to not make any statements to law enforcement before you have consulted with an experienced Houston sex crimes defense lawyer.
2- Stop talking to anyone about the accusations against you!
When a person has been accused of a sexual offense it is normal to “want to explain what happened” to friends and family. This can be a huge mistake. When you speak with an attorney about your case it creates an attorney-client privilege, meaning your attorney cannot be compelled by law to reveal anything about your conversations. Unfortunately, this privilege does not exist with family and friends, including your spouse or parents! This means that those people you discuss the allegations with can be subpoenaed to court or a grand jury to reveal what you told them. Attorney Paul Darrow recommends explaining to them that your attorney has advised you not to discuss the case with anybody but him.
3 – Do not consent to a search of your home, car, computer, or cell phone.
If you consent to such a search, you waive your 4th Amendment rights to privacy from the government. If they are forced to get a search warrant you are helping your defense. If proper procedures are not followed or the search is conducted illegally, any evidence obtained by law enforcement may not be used against you in court. Many times law enforcement, in an effort to get you to consent to a search, will threaten to get a search warrant. Good. Let them get a warrant. Don’t voluntarily give up your rights!
4 – Preserve any text or email communications or social media posts by taking screenshots
Many times texts, calls, emails, or social media messages help exonerate our clients.
Many times texts, calls, emails, or social media messages help exonerate our clients. Take screenshots of all messages or texts. In addition, many times people post things on their social media accounts that can be helpful to your defense. Sometimes it helps show a motive for a false allegation. Other times it may show or infer that sexual contact was consensual. In today’s digital age much of our communication is done via text, email, or messaging on social media. Many times, communications with the accuser or their family/friends reveals helpful information for your legal defense. Whether it shows bias, motive, or facts that show that a crime could not have occurred, your attorney can use this to your advantage!
5 – Realize that you have a Constitutional right to an attorney!
The U.S. Constitution guarantees every person the right to a lawyer. Many people worry that by hiring an attorney it will “make them look guilty when they aren’t.” In reality, the investigators and prosecutors handling your case know that ultimately your hiring of an attorney can NEVER be used against you in any way. In fact, at a jury trial the jury is prohibited by law from hearing that an accused individual refused to make any statements or consulted with an attorney.
6 – Hire a sex crimes lawyer with lots of experience today!
If you have been contacted by law enforcement regarding an investigation for a sex based offense, or if you have been charged with a sex based offense, don’t waste any time hiring an experienced and aggressive Houston sex crimes lawyer. Paul Darrow is a former sex crimes and child abuse prosecutor using his experience and training for you. The majority of the cases we handle are sex based offenses and we would hold our record of success up to any other law firm in town.