What to do if you are accused of sexual assault or child molestation?
Have you been accused of a sexual assault crime? If you are facing these charges, it is crucial that you get an Atlanta child molestation attorney or sexual assault lawyer who will review your case and find the best possible solution for you. The attorneys at Andrew R. Lynch, P.C. have many years of experience fighting for the rights of those who have been accused of sexual assault. Receiving a conviction charge for sexual assault can completely change your life. The best choice you can make in the circumstance following your assault charge is to contact Andrew R. Lynch, P.C.
Accused of Child Molestation or Sexual Assault? Know Your Miranda Rights!
If you ever watch television or go to the movies, chances are that you are somewhat familiar with the concept of Miranda Rights. Individuals under arrest are generally informed about their Miranda Rights through the notification that they, “Have the right to remain silent. Anything you say can and will be held against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you.” That is a consequential mouthful of information. You do not need to dissect this statement right now, but if you are at risk of being arrested or have been arrested already, it is important for you to understand the basics. Essentially, you have the right to remain quiet until you have an attorney present, even if law enforcement officials are asking you questions. If you are under arrest or may shortly be under arrest, call an experienced Atlanta, Georgia child molestation attorney now.
Miranda Rights – The Basics
The U.S. Constitution protects individuals from being forced to present evidence against themselves that could lead to a criminal conviction. Certainly, there are exceptions to this general rule. However, the laws related to Miranda Rights are generally quite clear. If someone has been arrested on suspicion of criminal wrongdoing, they do not have to submit to police questioning until they have a lawyer present. However, it is important to note that an accused person must request a lawyer in order for these rights to remain effective. Simply remaining silent but not requesting a lawyer is a tricky area. So please, if you have been arrested or suspect that you might be soon, contact an experienced Atlanta child molestation attorney now. If you decide to talk to the police without a lawyer present, anything you say can be used as evidence in the criminal case against you. Working with an attorney will help to ensure that your rights remain protected.
Legal Assistance Is Available
If you have been arrested on child sex crime charges or suspect that you may soon be arrested due to false allegations, etc. please do not wait to contact an experienced Atlanta child molestation attorney. The potential consequences of a child sex crime conviction are severe, so it is imperative that you have a strong legal advocate by your side as soon as is possible. Andrew R. Lynch – Attorney at Law has extensive experience representing individuals accused of sex crimes and understands how to build an aggressive legal defense on behalf of his clients. You have the right to remain silent until an attorney is present. If, at all possible, you can contact an experienced Atlanta child molestation attorney before submitting to police questioning, please do so. Call now.
What is defined as sexual assault?
Sexual assault is any sexual activity that occurs without clear oral or written consent from both parties (whether you are initiating or receiving), and it is considered to be a crime in every state. Additionally, sexual assault is also considered a crime if the person is unable to consent in the situation, whether it is someone under the age of 18, a person who is mentally ill, or if they are intoxicated in any way, whether by drugs or alcohol. The types of sexual assault are:
- Molestation, and
- Forced sodomy
Is sexual assault considered a to be civil or criminal?
In the cases of both sexual assault and sexual battery, they can both be tried as a civil or criminal issue, depending on the individual statutes of each state.
An Atlanta child molestation attorney or sexual assault lawyer at Andrew R. Lynch, P.C. can walk you through the process of the differences between sexual assault and sexual battery, and although they are not the same, they are related. If you are accused of sexual battery, there must be proof of unwanted contact with an intimate part of the body of the accuser, made for the purposes of sexual gratification, abuse, or arousal.
What are defenses for sexual assault?
- Being innocent. In United States courts, you are innocent until proven guilty. If you did not commit this crime, this is a plausible defense.
- Mental incapacity. If either party was incapacitated in any way—either by alcohol or drugs—the sexual activity is considered illegal and this can be a successful defense.
- Insanity. Although this is not a typical defense to take, if the person being accused of sexual assault is legally insane, then they are unable to consent to sexual activity, and thus this could be used as a defense.
What can our firm do for you?
If you have been accused of sexual assault or battery, a dedicated Atlanta child molestation attorney or sexual assault lawyer at Andrew R. Lynch, P.C. will fight to make sure your rights are upheld. Remember, an accusation does not mean a conviction. One of our knowledgeable defense lawyers can help craft a defense that can prevent unjust and unfair convictions. By choosing an Atlanta child molestation attorney or sexual assault lawyer from Andrew R. Lynch, P.C., you have a better chance of having your charges reduced or dropped. Contact our office ato receive the defense that you deserve so that this sexual assault charge does not change your life forever.
Preparing for Trial
Being accused of a sexual assault crime can be terrifying, as the potential consequences of a conviction could impact your life forever. Someone convicted of child molestation may have to serve years behind bars, pay hefty fines as well as the victim’s medical bills, and register as a sex offender. The Court may also place restrictions on where he or she can live and how close they can be to a school. If you were charged with child molestation, contact an Atlanta child molestation attorney from Andrew R. Lynch, P.C. who has experience handling criminal defense cases.
When it comes to the impending trial and potentially providing testimony, many people have no idea what to expect. Facing a group of individuals who will judge whether you are guilty or not can be a terrifying thought. When you hire Andrew R. Lynch, P.C., you will enter the courtroom with a firm understanding of what you may encounter and how the case will likely proceed.
Why is hiring an Atlanta child molestation attorney so crucial to my case?
The way the criminal justice system works can be foreign to most people, except for your Atlanta child molestation attorney. The legal process surrounding a criminal case can be complex as there might be many variables involved and some may be in flux. Your attorney can help you understand what to expect.
What should I know about testifying during the child molestation trial?
The idea of speaking in front of a group of people can be intimidating enough. Knowing that you must plead your innocence in front of a jury who shall determine your fate can be outright frightening. Your Atlanta child molestation attorney from Andrew R. Lynch, P.C. will be by your side, protecting your rights. When taking the stand, there are a series of tips your attorney may suggest in order to stay calm and collected:
- If at any point you feel overwhelmed and are having trouble answering the questions, ask the judge for a break so you can return with a focused mind.
- Eat a healthy meal before the trial and bring water with you to prevent dehydration.
- If you are asked a question that you are unclear as to how to answer, request that it be rephrased so you might understand better.
- If you become angry or emotional, take a pause before continuing.
- Keep your attention focused on the attorney, prosecutor, or judge who is speaking to you.
- If for any question you do not know the answer to a question, simply state that. If you feel you have been unclear about something you previously said, you may have the opportunity to clarify.
- Do not volunteer additional information unless you are prompted to do so.
- Trust that your Atlanta child molestation attorney from Andrew R. Lynch, P.C. will object to any questions asked of you that are not fair questions.
Learn more about how Andrew R. Lynch, P.C. can protect your rights. Call our office today for a free consultation with a successful Atlanta child molestation attorney.