Sex Crimes Case Process in Oakland
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.