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Sex-related offenses are serious accusations that should never be taken lightly. A conviction could carry harsh consequences such as lengthy jail sentences and the possibility of having to register as a sex offender, making it increasingly difficult to live a normal life. If you have been charged with this offense, be sure to get in touch with an experienced and skilled defense attorney. A seasoned legal advocate could explain what to expect during a sex crimes case process in Oakland.

What to do Following a Sex Crime Accusation

To make the litigation process easier, there are three important things one should do when they are charged with a sex crime in Oakland are:

  • Remain silent
  • Hire an attorney as quickly as possible
  • Avoid additional offenses

The individual should not speak to anyone about the investigation, the accusations, or the case except for their criminal defense attorney and should not post anything on social media. They should hire an attorney as quickly as possible to begin working on the case. That includes getting investigative statements, requesting previous records, and having experts look at certain types of evidence to position them better for their preliminary hearing. A defense attorney also serves as a buffer between the person and all other agencies and people involved in the case.

The third thing is to avoid being charged with any additional offenses. The person should continue working or going to school. If they do not have a job, they should find one. If they are not in school, they should get enrolled and stay out of trouble. If the individual gets a new case even, if it is not another sex crime, that makes it more difficult for the defense attorney to defend the original crime.

What Types of Sex Crimes are Prosecuted in Oakland Court?

Some examples of the sex crimes that can be prosecuted in Oakland are rape, forcible rape, sodomy, oral copulation, unlawful sex with a minor, child pornography, human trafficking, prostitution and solicitation, indecent exposure, and child molestation. Many crimes fall under the umbrella of sex crimes. Each of those sex crimes has additional sub-sections and charged based on the facts and circumstances that could result in the case process being more complicated or long-lasting.

Common Situations that Lead to Oakland Sex Crimes Charges

The exact type of sex crime allegedly committed in Oakland could have a profound impact on the case process. Rape could be a date rape situation or spousal rape. It could be someone taking advantage of another individual who is intoxicated or unconscious, or getting consent for a certain act but going beyond the scope of that consent.

Unlawful sex with a minor might be charged when two people are close in age, but one is an adult and one is a minor. Oakland tends to have many prostitution as well as human trafficking, pimping, and pandering.

Burden of Proof Upon the Prosecution

The proof needed to prove a sex crime case in Oakland is specific to the charge. Usually, there are elements of intent or an element of knowledge and an element of the lack of consent. Most sex crime cases involve somebody who intended to commit the sexual act for sexual gratification. The person knew or recently should have known that the other party did not consent to the act.

They might have used a threat or force to execute the act. The specific elements needed to prove the charge are listed in the penal code and the jury instructions. The prosecutor must prove each one of the elements beyond a reasonable doubt. The elements are charge specific.

Are There Benefits of Working with a Private Law Firm?

Public defenders are highly skilled attorneys, however, they have a large number of cases and that results in less time available to devote to each case. The amount of time a public defender spends on each of their cases depends on the number of cases in front of them.

A public defender tends to have three to four times as many cases as a private defense attorney. Private defense attorneys have more opportunities to communicate with people on a regular basis. They meet with them in person or contact them by phone to guide them through the process. The attorney informs them about their options and has a lengthy strategic session as opposed to quick meetings the day of court.

Private defense attorneys may become involved in collateral aspects such as immigration, family law, or the Department of Motor Vehicles while a public defender cannot extend their services beyond the criminal case. One of the biggest differences between public defenders and private attorneys is that public defenders are court appointed to those who qualify as indigent so their services are free while private attorneys provide services paid for by the alleged over.

Importance of Working with an Oakland Sex Crimes Lawyer

One of the main benefits of working with an attorney is being able to work with someone who is knowledgeable about the sex crimes case process in Oakland. A lawyer could also act as an advocate on your behalf by speaking with the prosecution and the judge, in an effort to potentially reduce your charges. Schedule a consultation today to get started on building a defense.

Top-Rated Criminal Defense Lawyers Serving the Bay Area

The Nieves Law Firm is dedicated to providing aggressive criminal defense representation to working professionals who have found themselves in trouble with the law. We show up to win, and we’re not afraid to fight aggressively to accomplish our client’s goals.

We understand that being accused of a crime can be a scary and confusing experience. That’s why we take the stress off our clients by handling the full scope of their legal situation from the initial consultation to the final outcome. Our bilingual attorneys and staff are here to ensure that our clients feel heard and understood every step of the way.

As one of the largest criminal defense teams in Oakland and the Greater Bay Area, we have the resources and experience to handle even the most complex cases. Our experienced team examines various aspects of your case and, perhaps most importantly, we genuinely care about our clients and their future. We take the time to learn about their goals and priorities so that we can achieve an outcome that allows them to move past their mistakes and focus on the future they want. When you work with us, you become part of our team.

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When facing a criminal charge, having dedicated and experienced attorneys on your side is critical. At The Nieves Law Firm, we understand the gravity of your situation, and our criminal defense attorneys provide unwavering support and legal guidance.

From the moment you reach out to us, we prioritize your well-being and legal interests. Our criminal lawyers are with you every step of the way, from arrest to hearings and beyond, to ensure that your rights are protected. Whether you’re facing charges related to DUI, drug offenses, assault, sex crimes or any other allegation, we have the knowledge and courtroom experience to fight vigorously on your behalf.

We believe in the power of collaboration and will actively involve you in the decision-making process, ensuring you are well-informed and empowered to make the best choices for your defense. Our goal is not only to navigate the legal complexities but also to provide you with the peace of mind and reassurance you deserve during this challenging time.

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