Gilbert Sex Crimes Attorney
Being accused of any type of sex offense in Arizona puts you at risk for hefty fines and lengthy jail sentences as well as financial and reputational ruin. Hiring experienced defense counsel is a must, and not just any skilled attorney will do. You need a seasoned Gilbert sex crimes lawyer who knows the system and will vigorously fight to preserve your future.
For a free legal consultation with a sex crimes lawyer serving Gilbert, call 480-400-5555
DEFINING ARIZONA SEX CRIMES
Depending on the circumstances, criminal sexual misconduct charges can take many forms:
- Child molestation
- Sexual conduct with a minor (often called statutory rape)
- Possession or distribution of child pornography
- Sexual exploitation of a minor
- Luring a minor
- Sexual abuse
- Sexual assault or rape
- Indecent exposure
- Public sexual indecency
- Sex trafficking
- Prostitution
The charges levied will turn on many factors, including the alleged victim’s age, the conduct that supposedly occurred, and the relationship between the parties.
No matter the charges, these are tumultuous times for anyone accused, and they need to have confidence in their defense counsel. Lawyers who regularly represent individuals charged with committing a sexual offense work tirelessly to ensure that all the facts are presented and that their clients receive the best defense possible.
CONVICTIONS CHANGE LIVES
Anyone facing charges for committing a sex crime might feel anxious and worried about their future, with good reason. In addition to the harsh penalties defined by Arizona law, those convicted may always have a criminal record, which may impact future opportunities.
Gilbert Sex Crimes Lawyer Near Me 480-400-5555
LAWS FOR SEX CRIMES IN ARIZONA
The entire Criminal Code under Title 13, Chapter 14 outlines every type of sex offense in the state of Arizona. These include, but are not limited to:
- Sexual assault
- Sexual conduct with a minor
- Sexual abuse
- Indecent exposure
- Public sexual indecency
Regardless of the specific charges, our skilled local attorneys can tailor an effective defense to match the situation.
WHERE ARE SEX CRIMES PROSECUTED IN GILBERT?
Depending on the nature of the alleged offense, sex crimes can be prosecuted as misdemeanors or felonies. A misdemeanor sex offense will be routed to the municipal court. On the other hand, a felony sex crime in Gilbert will be prosecuted by the Maricopa County Attorney’s Office in Superior Court. The lawyers at our firm have significant experience handling all types of sex crimes cases and can explain the relevant court proceedings to those facing charges.
Click to contact our Criminal Defense Lawyers in Gilbert today
HOW SEX CRIMES CASES ARE PROSECUTED
Sex crime charges come in all types. These cases may involve undercover police officers, sting operations, or technological investigations, such as for the sharing and transmission of child pornography. The prosecution uses various tactics for investigating different sexual offenses, so it is important for accused Gilbert resident to seek legal representation from a seasoned lawyer during the investigation process.
The State always has the burden of proof in a criminal case. Every sex crime has certain elements that the prosecution must prove beyond a reasonable doubt. For instance, they must prove when it occurred and that a particular person is the person who committed that offense.
MENS REA AND ACTUS REUS FOR SEXUAL OFFENSES
There are legal elements known as Mens Rea and Actus Reus for each sex offense. Mens Rea refers to the mental state of the defendant. The accused person must have committed the sex crime either intentionally, knowingly, or recklessly, depending on the specific offense.
On the other hand, Actus Reus refers to the physical conduct involved in the alleged offense. This can include all sorts of things, whether it is touching a child, having sex with a minor, or possessing child pornography. The prosecution must prove that the specific physical conduct involved in the alleged offense actually occurred.
For every single sex crime, the State has to prove all of these elements. Because there is a high burden of proof, there are many types of defense strategies that our relentless sex crimes attorneys can use to tear apart the prosecution’s case.
Regardless of the specific charges, a sex crime allegation carries significant power and prejudice. If you are accused, many people will assume that you are guilty. To overcome this presumption, it is critical to work with the right attorney who will work tirelessly on your defense and secure a positive outcome on your behalf.
Complete a Free Case Evaluation form now
STATE IMPOSED PUNISHMENT
The fines and terms of imprisonment associated with sexual offenses vary based on the type of crime alleged – some sexual wrongdoings are misdemeanors, while others are felonies – but in all cases, jail time and fines are possible.
The law takes the victimization of children very seriously, and in those cases, the criminal classifications increase, imposing more stringent penalties. If the accused holds a position of trust (e.g., parent, coach, teacher, minister), the consequences are even more serious.
BEYOND FINES AND INCARCERATION
Being a convicted sex offender introduces a social stigma that follows an individual for the rest of their life. Once found guilty of or pleading guilty to a sexual offense, individuals may lose their jobs and forfeit professional licenses, leaving their reputations irreparably damaged. Additionally, certain individuals who are convicted must register with the State as a sex offender.
Arizona’s sexual offender registry records a variety of information on each convict, such as their name, all aliases, DNA, physical address, online usernames, email addresses, and the nature of their offense. As a public record, this information is available to anyone. Being listed in this database can cause individuals to lose out on housing, future employment, education opportunities, and loans. It may also serve as a source of dishonor and embarrassment.
HOW DO THE POLICE INVESTIGATE SEX CRIMES?
After a report has been made, the police will then interview the alleged victim. If that person is a child, the detectives will conduct a forensic interview to figure out what the accusations are and what conduct has been alleged. They will also interview any witnesses to the conduct and gather background information about the suspect.
At this point in the investigation, the police may use a tactic called a “one-party consent call” or “confrontation call.” This involves the alleged victim (or their parent or someone close to them) calling the suspect on the phone and recording the call without their knowledge. The police will prompt the caller to ask questions and try to get the suspect to make incriminating statements.
The last piece of an investigation is to bring in the accused person for an interview. The detectives will also use various tactics at this stage to get a confession or incriminating statements from the accused. As such, it is critical for those under investigation for sex crimes to seek dedicated representation from our Gilbert attorneys.
SEX CRIMES AGENCIES IN GILBERT
Within the Gilbert police department, there are dedicated units of detectives who investigate child crimes or sexual offenses. Investigations for sexual offenses are usually assigned to the special victims unit or sex crimes unit within various police agencies. There may be a different investigating department for cases involving children.
TYPES OF EVIDENCE IN GILBERT SEX CRIME INVESTIGATIONS
Sex offense investigations typically involve various types of evidence. This may include:
- Statements from the alleged victim
- Testimony from any witnesses
- Statements from the accused person
- Medical or scientific evidence
If the alleged crime happened within the last couple of days or hours, the police will have the person undergo a medical examination. A forensic nurse will look for injuries or take swabs of the person’s body. This material may be used as evidence by the investigating detectives and by the prosecution in court.
Sex crimes investigations typically start with a report to police made by an alleged victim or their parent, family member, or friend. It is crucial for an accused person to get professional help when navigating these investigations, as the outcome can greatly impact their way of life and their future. Most people do not know the tactics that police use to gather evidence.
The nature of sex crime investigations makes it important for accused individuals to hire an experienced sex crime lawyer immediately. An attorney acts as a barrier between the police investigation and the suspect and can protect the suspect’s rights.
SEX CRIMES PROBATION TERMINATION IN GILBERT
If you are convicted of a sex crime in Arizona, you know the penalties can be steep. Your freedom is curtailed by jail or prison time, and even more so if you are sentenced to lifelong probation after serving your time.
If you have served your sentence, paid your fines, finished your community service, but are still reporting to probation, our experienced lawyers may be able to help you. Although there are many prerequisites, it is possible to end or modify the conditions of your probation. Contact Grand Canyon Law Group today to learn about sex crimes probation termination in Gilbert and determine if you qualify for relief.
PROCESS FOR ENDING PROBATION FOR SEX CRIMES IN GILBERT
The probationer is not the only party who can ask to end probation by filing a Petition to Terminate. The Court, State, or probation department can initiate the action under 16A Arizona Revised Statutes Rules Crim.Proc., Rule 27.4. Although termination is rarer for sex crimes than for non-violent felonies, a person could be granted termination if they meet specific qualifications, satisfying the reviewing judge.
Once probation termination is considered, the prosecutor and the victim will have an opportunity to speak about the matter under ARS § 13-901(E). The victim can also petition the court to issue an injunction keeping the probationer from harassing the victim, which must be served before the defendant’s probation can be terminated. A skilled local attorney can help an eligible individual through these steps in pursuing sex crimes probation termination.
CONDITIONS FOR EARLY PROBATION TERMINATION
Several factors must be established before the Court will grant early termination of probation for a sex offense. The first hurdle is the length of time the probationer has been serving probation. If the offense is a Class 2 felony, including a dangerous crime against a child, the probationer must have spent seven years or more on probation before applying for termination. Class 3 felonies require five years or more, Class 4 felonies require four years, and Classes 5 and 6 require at least three years of probation.
Defendants must also follow the Probation Department’s stipulations, such as making sure all fines and restitution are current. The probation officer overseeing the defendant and any treating therapist must agree that early termination is appropriate.
The Court will also ask for supportive correspondence from family and friends who favor the defendant’s early probation termination. A psychiatrist or psychologist must also submit an opinion that the probationer is not a danger to others before probation can be terminated.
MANDATORY POLYGRAPH TESTS
The probationer will have to provide relevant results to mandatory polygraph tests beginning with the Sexual History Disclosure test. In this test, a petitioner may be asked about past sexual activities to determine whether there have been other illegal encounters police and the Court were not aware of. The Court wants to know if the probationer is remorseful and understands the ramifications of the sex crime.
Maintenance polygraphs can also be administered during probation to ensure the probationer continues to express remorse. These additional tests are meant to determine why the probationer committed a sex crime.
HOW A GILBERT SEX CRIMES ATTORNEY CAN HELP WITH PROBATION TERMINATION
There are many steps a probationer must follow for the Court to grant early termination of probation. A seasoned local attorney who understands the probation termination process can help guide a probationer through these steps. Some of the services an attorney at our firm can provide include:
- Drafting a persuasive Petition to Terminate
- Providing help with family and friends’ character letters
- Reviewing relevant paperwork, such as Adult Probation’s Memo to the Court and probation paperwork
- Reviewing the State’s response to the Petition to Terminate
- Drafting a powerful reply to the State’s response
- Representing a probationer at the judge’s hearing
After spending a specified time on probation and abiding by all the rules associated with it, you may be eligible to end the mandatory reporting and testing. The lawyers at Grand Canyon Law Group can help you file a Petition to Terminate with the Court after reviewing your compliance with the Court’s rules.
PRESENTING EVIDENCE IN A SEX CRIMES CASE
Sexual offenses are all jury trial eligible, regardless of whether they are misdemeanors or felonies. Before the trial, the police will try to gather medical and forensic evidence, as well as statements from the accused person and the alleged victim. The prosecution may use all of these types of material to prove a person’s guilt in court.
In a sex crimes case, the credibility of the alleged victim is critically important. Often, the prosecution does not have any physical or medical evidence against the accused, so testimony becomes an important aspect of the trial. If the alleged victim is a child, their family members, the police, or even the prosecution may influence them to say certain things in court. It is a defense attorney’s job to investigate whether the alleged victim has been unduly influenced in any way leading up to and during the sex crimes trial.
COMMON CONSTITUTIONAL ISSUES IN SEX CRIME CASES
There are many common constitutional issues that our lawyers will look for when preparing for a sex crimes trial. For instance, the Fourth Amendment states that the police must have a warrant to search or seize a person’s property, and probable cause to arrest them. At our firm, we make sure that we review every aspect of the sex crimes case for any police misconduct that may have violated a person’s rights.
Our attorneys are also on the lookout for Fifth Amendment issues where the police deprive a person of the right not to incriminate themselves during an interrogation. For instance, if a detective did not advise someone of their Miranda rights, this would constitute a Fifth Amendment violation.
Additionally, a person’s right to counsel is protected by the Sixth Amendment. If the police get statements from a person who asks to speak with their attorney, a skilled lawyer could use this as evidence of a constitutional violation. This may lead to the statements being thrown out, thus weakening the prosecution’s case.
PENALTIES IN GILBERT SEXUAL OFFENSE TRIALS
If a person is convicted of a sex crime, there may be certain laws mandating how the judge must sentence them. Mandatory sentencing for sex crimes is severe, and a defendant could be facing many years in prison.
The best way to minimize the harsh impact of these charges is to avoid a conviction with help from a savvy attorney. The local attorneys at Grand Canyon Law Group have a track record of success in sex crimes cases and trials and can help find the weaknesses in the prosecution’s case.
PROSECUTION FOR VIOLENT SEX CRIMES
Violent sex crimes are treated differently because they are punished more severely. For instance, if someone is accused of sexual assault using a deadly weapon or dangerous instrument, they face much harsher punishments. Many times, the prosecution will push for a maximum sentence.
When the stakes are so high, it is crucial for the accused to work with skilled legal counsel on a defense strategy before and during their sex crimes trial. At Grand Canyon Law Group, our attorneys are experienced in defending violent sex crime charges and mitigating the potential consequences.
In Gilbert, sexual offenses are prosecuted aggressively. The prosecutors at the Maricopa County Attorney’s Office and at the Town of Gilbert Prosecutor’s Office take these cases seriously. Both agencies pursue harsh consequences against those accused. If you are facing these types of charges, you need rigorous legal representation from a skilled attorney.
SEX OFFENDER REGISTRY IN GILBERT
In Gilbert, the sex offender registry is administered by a state police agency known as the Department of Public Safety. Those who are charged and convicted of sexual offenses may be required to register with the sheriff of the county where they reside. There are over 20 crimes where sex offender registration is mandatory in Arizona.
Sex offender registration may follow you for the rest of your life and could impact employment, housing, and educational opportunities. There is a serious stigma that attaches to someone who is ordered to register as a sex offender.
SEX OFFENSES THAT REQUIRE REGISTRATION
Many sexual offenses listed in Arizona’s criminal code under Chapter 14 of Title 13 require sex offender registration. These crimes include offenses such as:
- Sexual assault
- Molestation of a child
- Sexual conduct with a minor
However, some offenses are discretionary in terms of sex offender registration, meaning that the judge will decide whether the person has to register. A person who commits an offense that does not require registration, such as indecent exposure or public sexual indecency, could be ordered by a judge to register as a sex offender under certain circumstances.
Additionally, any crime that is sexually motivated could lead to mandated sex offender registration, even if the underlying offense is not a sex crime. As such, it is essential to call the aggressive attorneys at our Gilbert office to argue against the possibility of sex offender registration.
LEVELS OF SEX OFFENDERS
There are three levels of sex offenders in Arizona, with level three being the most severe. These levels are based on risk factors or scoring evaluations that the Department of Public Safety makes to determine a person’s extent of registration.
FAILURE TO REGISTER FOR THE SEX OFFENDER REGISTRY
There are dedicated units of detectives who enforce sex offender registration laws in Gilbert. These detectives will investigate allegations that someone has failed to register as a sex offender, which is a class four felony in Arizona.
If a person is found guilty of failing to register, the police will arrest and charge them. A person convicted of this crime could face years in prison and lifelong probation, as well as other sanctions for having disobeyed those registration laws. Anyone accused of, or under investigation for, failing to register as a sex offender should immediately contact our experienced attorneys in the area for legal counsel.
HOW LONG DOES A PERSON STAY ON THE SEX OFFENDER REGISTRY IN GILBERT?
In Arizona, sex offender registration is a lifetime requirement. If a person is registered for an offense committed as a minor, a judge may order for them to only be registered for a certain amount of time. However, if a person is convicted as an adult, there typically is no way to undo sex offender registration.
IS THE SEX OFFENDER REGISTRY PUBLIC INFORMATION?
The sex offender registry is public information that can be located through a simple internet search of the Arizona Department Public Safety’s website. Additionally, community notification is required for level two and level three sex offenders.
This means that if a person registered as a level two or three sex offender moves into a neighborhood, law enforcement will publish mailers and pamphlets to the neighborhood advising their neighbors of this fact. Some areas, such as crime-free apartment complexes, may not allow convicted individuals to be residents. As such, sex offender registration can impact where a person is able to live.
EMPLOYER BACKGROUND CHECKS FOR SEX OFFENDER REGISTRATION
Employers can conduct background checks to reveal a person’s criminal background, including whether they have been ordered to register as a sex offender. On top of that, many job applications and employer policies require potential employees to disclose that information.
DISCUSS SEX OFFENDER REGISTRY WITH A SKILLED GILBERT ATTORNEY
Registration as a sex offender can have a severe impact on your housing options, employment, educational opportunities, and reputation. To protect your future, it is critical to be proactive and contact a skilled lawyer right away if you have been accused of a sex crime.
At the Grand Canyon Law Group, our legal team can advise you on minimizing the effect of these charges on your life. We are former prosecutors now dedicated to defending the accused. For more information about the sex offender registry in Gilbert, call us today.
HOW TO DEFEND AGAINST SEXUAL OFFENSE CHARGES
If a person has not yet been charged, a defense attorney will advise them not to make statements to police or provide any information that may be damaging to the case. If sex crime charges have already been filed, however, there are various strategies our skilled lawyers can use to minimize their impact on the person’s life.
Our Gilbert attorneys will examine all of the state’s evidence, assess the motivations of the accused and the accuser, and work to understand why these charges are being brought. We will also look at the police’s conduct to determine whether there are any violations of rights. At Grand Canyon Law Group, our local attorneys are skilled at finding any weakness in the case along with any violations of due process during the course of a sex crimes investigation.
EXPERT CONSULTATION IN SEX CRIME CASES
A good attorney also will consult with experts when building a defense for sexual offenses. Some sex crimes involve the use of technical evidence, such as in computer crimes cases. In these situations, our lawyers can hire a forensic computer expert to evaluate electronic devices and reveal weaknesses in the state’s evidence.
Additionally, the defense will want to consult with other expert witnesses such as psychiatrists or psychologists. These people have specialized training and could be useful in determining any mitigating factors in a sex crimes case.
PRIVATE LAW FIRMS VS. PUBLIC DEFENDERS IN GILBERT SEX CRIME CASES
At Grand Canyon Law Group, we limit the number of cases that we handle so that we can focus on each individual client. Although many public defenders are good lawyers, they are often overworked and cannot fully devote their time and resources to every single case.
As such, there are many advantages to working with a private defense lawyer who can spend the time going over every detail in a sex crimes case. Our local attorneys have the resources to successfully defend each client, and we have the track record to prove it.
Many accused people seek our help because we have significant experience in this legal arena. We build relationships with our clients through good communication so that they trust our judgment and knowledge in handling their case.
PROCEEDINGS AFTER GETTING ARRESTED FOR A SEX CRIME
After a person is arrested for a sexual offense, they are booked into jail. Then, they will have an initial appearance in front of a judge who sets their release conditions. In these types of cases, bond or bail amounts can sometimes be tens or even hundreds of thousands of dollars. Having an experienced sex crimes attorney at your side during the initial appearance can help to reduce the bond amount and lessen the release conditions.
The accused person will likely be indicted by a grand jury and later arraigned. At this point, they will be told the specific offenses that they are charged with. If the person does not have legal counsel, the court will assign them a lawyer.
However, it is recommended that arrested individuals retain the right attorney who is skilled in this legal area. The lawyers at our Gilbert office understand how sex crime cases proceed through the court system and can inform clients on what to expect in their situation. These proceedings involve many steps, such as disclosure of all discovery and evidence and any plea negotiations. The defense will also do their own investigation to determine any holes in the prosecution’s case.
MISDEMEANOR AND FELONY SEX CRIMES IN GILBERT
Whether a sexual offense is charged as a misdemeanor or felony depends on various factors. For instance, even misdemeanor sex crimes such as indecent exposure or public sexual indecency can be charged as felonies if they occur in front of children.
Most other types of sex crimes are felonies. These may include:
- Sexual conduct with a minor
- Molestation of a child
- Sexual assault
- Sexual abuse
- Voyeurism (looking in on or recording someone without their knowledge)
- Child prostitution or sex trafficking
- Possession of child pornography
Regardless of whether the charges are misdemeanor or felony, anyone accused of a sex crime should consult our local attorneys on what to expect in their case.
QUALITIES TO LOOK FOR IN A SEX CRIMES DEFENSE LAWYER
When choosing a defense attorney, it is crucial to work with someone who has knowledge of and experience with the particular legal area at hand. Sex crimes investigations and cases are unique from other types of criminal charges.
At Grand Canyon Law Group, our attorneys are trained in this area and have handled countless sex crimes cases in Gilbert and throughout Arizona. We understand how these charges are investigated and what tactics to expect from the prosecution.
If you have been accused of a sex crime or suspect that you are under investigation, call a lawyer at Grand Canyon Law Group right away to handle your case. Accused individuals will inevitably say something incriminating by speaking with the police. An attorney can prevent you from doing this and limit the evidence that the state has to make its case.
A GILBERT SEX CRIMES ATTORNEY IS HERE TO HELP
When a person is accused of a sexual offense, their freedom, reputation, and way of life are at stake. A rigorous legal defense can make all the difference in the outcome of their case, making it critical for accused individuals to pick the right attorney.
At Grand Canyon Law Group, our legal team has many years of experience as felony sex crimes prosecutors. For instance, attorney David Lish underwent much of the same training as the police agents who investigate sex crimes. He now uses this knowledge to build successful cases against the prosecution and has defended virtually every type of sexual offense.
If you are facing trial for a sexual offense, do not delay in getting the legal representation you need. The right lawyer can make all the difference in the outcome of your case and the impact these charges have on the rest of your life.
The former prosecutors at Grand Canyon Law Group know how to find the holes in the case against you and argue relentlessly on your behalf. Call us today to learn more about trials for sex crimes in Gilbert and begin discussing your situation.
Given the high stakes – your freedom, financial well-being, future opportunities, and damage to your reputation – sexual misconduct allegations should not be taken lightly. You need a determined Gilbert sex crimes lawyer defending fighting for you. Call us right now to start fighting back today.
Call or text 480-400-5555 or complete a Free Case Evaluation form