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Sex crimes are prosecuted vigorously in Arlington and they should be taken very seriously. Prosecutors are not likely to reduce the charges or be in a position to give the accused a big break on the charges. There are prosecutors who deal primarily with sex offenses, and they have significant expertise. Because the prosecution will be so aggressive, it is vital to prepare a strong defense. Consulting with a local Arlington sex crimes lawyer is an important first step in building that defense.
Violent sex crimes, like all sex crimes, are treated very seriously. However, the violent element makes them a bit different. Since they are violent offenses they are often treated even more seriously. Communities have an interest in not having violent sex crimes occur in their neighborhood, and so prosecutors along with police are tasked with making sure they are prevented and punished, in part by treating the violent sex crimes more seriously than even a non-violent sex offense. Prosecutors do everything they can to prove their case if they are convinced someone has committed one of these offenses.
Judges treat sex crimes cases very seriously and punish harshly for sexual offenses. It is one of the more harshly punished offenses in Virginia. If the judge is convinced that someone has committed a sex crimes offense, beyond a reasonable doubt, they will punish them heavily and take the case seriously.
Any time there is an arrest and search of a person, the Constitution is involved because the person’s rights to privacy have been compromised. Therefore, the police must meet certain standards provided in the Constitution and in case law interpreting the Constitution. An arrest must be made upon probable cause. If it is not, it is an illegal arrest and there will be consequences. The search of the accused person must be done either through a warrant or with probable cause to believe that the evidence sought would be on the accused’s person or in his house. Therefore, that too is a constitutional issue.
Additionally, when someone is interrogated by police there are certain constitutional provisions which must be met in order to make sure that interrogation is done in accordance with the Constitution. The Constitution plays a big role throughout the numerous stages of investigation by the police, and it can be used to an individual’s advantage if they are charged with a sex offense.
Prosecutors in Arlington will not necessarily push for the maximum sentence in every case, but they certainly will in the most egregious cases or for repeat offenders. The prosecutors will take it on a case-by-case basis. However, if they are convinced that an individual has committed the crime and they prove it beyond a reasonable doubt, they will likely be asking for a very lengthy sentence.
Typical forms of evidence will include testimony from the alleged victim and testimony from any witnesses to the alleged offense or who saw the two individuals earlier in the night. Police officers will also testify to the investigatory steps they took and the prosecution will show any video tape evidence if that exists. Also, any victim of a sex offense or a rape charge will be taken for an examination and evidence of that sexual abuse examination will be admitted at trial if it is favorable to the Commonwealth.
Additionally, the police will collect DNA and fingerprint evidence, as well as any other forensic evidence they can find to prove their case. All of that will be used against the charged individual. Anything that can be evidence and used to prove that the individual committed the offense, will be collected by police and utilized by the prosecution in a sex offense case.
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