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Pre-Filing of Sex Charges in Orlando, FL
Pre-Filing of Sex Charges
Pre-Filing of Sex Charges in Florida
Sex crimes, especially sex crimes involving minors, are among the most severely-penalized crimes in Florida. A conviction may lead to imprisonment or probation as well as registration as a sex offender, which can have long-term consequences for both your personal and professional lives.
But all hope is not lost. Have you been recently arrested for a sex crime, such as sexual assault, rape, internet sex crimes, or lewd and lascivious behavior? Or have you been notified that you may be the subject of a pending sex charge investigation?
If so, it’s time to talk to a lawyer.
What is the Pre-Filing of Sex Charges?
The pre-filing of sex charges basically refers to every step in the process up to the point of official charges being filed. This can include preliminary investigations, the defining of the crime, and other behind-the-scenes paperwork that can make or break your defense.
Basically, there are a lot of points before any charges are filed that can be used in your favor, and it’s important to take advantage of every single one of them.
What If You’ve Been Arrested?
It can be terrifying to be arrested, but remember: an arrest doesn’t necessarily mean you’ve been officially charged with anything. It just means you’re being investigated.
Before any charges can be filed, the prosecutor must first determine what those charges should be. Depending on the alleged crime, there are a wide range of official charges, all with varying degrees of severity. If your lawyer can speak with the prosecutor prior to filing, they might be able to make a case for a lesser charge.
In fact, your lawyer might be able to negotiate a plea deal or out-of-court settlement with the alleged victim, so you can avoid the court case altogether.
For example, you might be under investigation for lewd and lascivious behavior – a hefty accusation that can be charged as a first-, second-, or third-degree felony. That could mean up to 30 years of jail time and fines of up to $10,000 or more.
But if your lawyer can speak to the prosecutor before the charges are filed, they might be able to talk them down to an unnatural and lascivious acts charge, which is only a second-degree misdemeanor.
The success of such a negotiation depends on the circumstances of the alleged crime, of course, along with other factors such as any prior arrests or charges filed against you. But sex crimes in general usually rely heavily on the word of the alleged victim, with little physical evidence to prove anything. Any prosecutor will be well aware of the credibility of their case, and what charges are more likely to end in a sentencing versus a not-guilty verdict.
What If You Haven’t Been Arrested?
Say you haven’t been arrested for anything yet. But maybe you’ve been notified that you are the subject of a pending sex crimes investigation. Maybe you just suspect that you might be involved in a sex crime investigation. Either way, it’s still important to seek legal counsel as soon as possible.
Prior to any official charges being filed or any arrests being made, law enforcement agents are still allowed to come ask you questions and seek evidence. Anything you voluntarily supply is admissible in court and can be used against you should charges follow.
The alleged victim or the victim’s family might even try to confront you. If that conversation is recorded or monitored in any way, things you say in the heat of the moment could also be used to prosecute.
Some of the pre-filing process may also take place prior to any arrest, and it’s vital to have an attorney on your side who can intervene wherever possible on your behalf.
Why Should I Choose Hanlon Law?
At Hanlon Law, our attorneys have nearly two decades of experience in defending sex crime cases. We take an aggressive, proactive approach to all our cases, and take every opportunity throughout the pre-filing to advocate for you.
Our in-depth process is designed to help you understand the charges you might be facing, the possible repercussions of those and any other related or similar charges, and the best course of action we can take to mount your best possible defense.
If you have been arrested in Orlando for a sex crime, or think you may be arrested or investigated for a sex crime, don’t wait. Our Orlando sex crimes defense attorneys at Hanlon Law are here to help.
Call us to schedule a consultation today.
We serve clients throughout Florida including those in the following localities: Hernando County including Spring Hill; Hillsborough County including Brandon, Riverview, and Tampa; Pinellas County including Clearwater, Largo, Palm Harbor, Pinellas Park, Seminole, and St. Petersburg; and Pasco County including Dade City, Hudson, and New Port Richey.
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