Sex Crime Accusations and Charges
The Consequences of Sex Criminal Suspicions, Accusations and Charges Relating to a Child
A Sexual Criminal Suspicion, Accusation and/or Charge, by this fact alone, will have a devastating effect on the life of the person suspected. Whether against a child or an adult, this is a given, in a world where in the past 20 years, heightened scrutiny is leveled on these suspicions, accusations, and the subsequent charges that will most likely result, if an accusation is made against someone. There are various definitions of the age of a person and their being a child. Certain penalties apply if the child is under 17 years of age. If the child is under 14 years of age, other and much harsher penalties apply. If the child complainant alleges that the act of sexual abuse crime occurred two or more times during a period of time that is 30 days or more, then the penalties are even harsher, and if proven, the minimum time in prison is 25 years with the first 50% of the sentence served on a day to day basis with no consideration for "good time"; so the first eligibility date of release on Parole would be after the person convicted served 12 and a half actual years in prison. These are unimaginable consequences for a person so convicted; it requires the skill, expertise, and training of an experienced trial attorney, Stephen Nicholas, to prepare the proper defense to protect your rights, should you be found in this unfortunate situation. REMEMBER: Just because you didn't do it, means little or nothing; once suspicion is vocalized, an accusation made, a charge filed, the innocent find themselves in the precarious and unfortunate position of having to "prove themselves innocent". This is the effect of the weight of the testimony of the child complainant and is not to be taken lightly in any sense of the word. Once a suspicion is communicated, that is the time to seek counsel with an attorney such as Stephen Nicholas, who knows the prosecutions tricks of the trade and the procedures that must be followed to prove the person accused is innocent of the charges against them.
Once a person is suspected, and accused, they then become the "suspect" or the "perp" (slang for perpetrator). It is as if the Burden of Proof shifts against them and the accused must prove their innocence to a Law Enforcement Community, which will not believe them and then gears up to gather every piece of evidence of the offense, which in most cases is only the word of a child and/or the word of a first person, over 18, that the child told that it happened, and that "X" did it. Once this child's "outcry" is reduced to a statement, it is then transformed into what is called the "Outcry Statement" and, even though it is hearsay, an exception exists to the hearsay rule, which ordinarily excludes hearsay (what one person told another person outside the court of law, and not having been sworn to tell the truth, and made to confront the person accused and to be questioned by the attorney of the accused, all Rights protected by the United States Constitution), law enforcement will then seek to corroborate every other piece of evidence as showing that the offense did, in fact, occur, and whomever the child named, did it, in keeping with the "Outcry Statement".
Usually there is no physical evidence and no witnesses, though the child will be taken, as the next step, to a hospital or publicly funded clinic that is certified to conduct these "sexual assault" examinations. The child will then be examined by a nurse or a doctor, similarly "certified", and out of this process will come the first piece of corroboration, the SANE Report (Sexual Assault Nurse Examiner). This "SANE" Report will, usually, provide no more evidence than the child's word, and add no more to the child's supposed story than the "Outcry Statement", as it will reflect what the nurse and the child talked about and what the child told the nurse about the sexual assault that supposedly "happened", and it will generally follow along with the "Outcry Statement", which the nurse examiner or physician will have already read prior to the examination.
Of course, once more, generally speaking, this would be considered hearsay and excluded upon objection at trial. However, in Texas, there is an exception for allowing this report into evidence, and the same exception provides for the report to be referred to, read from, and subjectively explained by professionals to the jury hearing the case. Professionals whose job it is to provide the prosecution with "additional" evidence to do two things: 1) obtain a conviction, and 2) justify the existence of the publicly funded clinic, which in Bexar County Texas, is called by the dubious name "Childsafe".
A suspicion, which turns into an accusation and then a charge is nothing to be taken lightly. The moment a person believes they are a suspect, that person should immediately seek the advice of experienced counsel, such as Stephen Nicholas, who has the expertise to guide a suspected person through the judicial system. The Golden Rules apply: 1) Do not say anything to anybody unless your lawyer is present and he or she gives their consent. This is your Constitutional Right, as it is contained in the 5th Amendment; The Right To Remain Silent. USE IT! 2) Next: Always ask for an attorney first, when questioned by any representative of Law Enforcement about anything besides being asked to identify yourself and produce your driver's license. This is your Constitutional Right as it is contained in the 6th Amendment; The Right To Assistance Of Counsel. USE IT! 3) Never give a voluntary statement when suspected of a sexual or any other crime under any circumstances, especially under the guise of "I just want to ask you some questions and try and understand what this report is about" and then they will often say "no, you do not need an attorney, you are not under arrest". Exercise your Constitutional Rights, which include the right to remain silent. 4) Never consent to search under any circumstances, either of your person, your property, your vehicle, your home, your office, or any other premise that you own. On the street, Law Enforcement is not your friend, no matter how it may appear at first. If you are pulled over, or if Law Enforcement pays a visit to your home or office, you are a suspect, not a law abiding citizen at that point. So protect yourself by standing on your Constitutional Right as it is contained in the 4th Amendment against unreasonable searches and seizures. This is your Constitutional Right as it is contained in the 4th Amendment; the Right Against Unreasonable Searches and Seizures. USE IT!
When suspected of a sex crime, the mere suspicion of the crime can have a devastating effect on your life, including harm to your reputation, career and personal relationships. If accused, charged, and convicted, you can face a lifetime registration as a sex offender, as well as severe criminal penalties, including time in prison. A sex crime conviction will place a taint on you for the rest of your life, and a conviction can occur even when the sole evidence is the child complainants word, unsubstantiated by any other evidence, including the lack of medical evidence to support the child complainants word, as is often the case.
Casual comments made by a child, complaints by a student against a teacher or school administrator, a patient-doctor relationship gone bad or a difficult divorce/custody case can all result in potential sex crime charges. It is you and your attorney alone who can turn the tide in your direction.
Charges of sexual crimes; therefore must be taken seriously and defended aggressively. Because of the current public hysteria about these crimes, the sensationalism created by the media, and the misconception that the only proper remedy is long-term imprisonment of the accused, if convicted, there is nationwide effort to pursue, prosecute, and imprison sexual crime predators and especially sexual predators relentlessly. Tremendous time and money has been spent by the government to set up sting operations; the news media and the prosecutors are all playing on public fear.
Sex crime charges are generally "he said, she said" cases in which the jury must decide between the word of the victim and that of the defendant. Accusations are made even more complex when they involve children, who are highly impressionable.
Before you consider a guilty plea, make sure you fully understand the consequences of a sexual conviction!
Sex Crimes Defense best starts immediately after the suspicion has revealed itself. If a charge is filed, it is all that more important to immediately seek wise and experienced representation such that as provided by Stephen Nicholas. Stephen Nicholas started his career in the judicial system investigating Sexual Abuse Crimes in 1977. Law school came next, then the Bexar County District Attorney's Office for a long enough time to learn the tricks of the trade and how to provide the absolute best defense and protect his clients' valuable Rights under the US Constitution. It goes without saying that the Texas State Constitution provides the same Rights and require the same protection. The best way to defeat one of these charges is by aggressive pre-indictment and pre-trial investigation in order to gather enough defensive information to convince the prosecution that it is wrong. Sex Crime Defense is different from other areas of criminal law and requires very specific techniques and experience. An effective defense team often employs psychologists, computer forensic examiners, private investigators and an attorney, such as Stephen Nicholas, who has expertise to use these tools in the most effective manner.
As just one example of a defense strategy is to deny that the sexual act occurred or that the sexual act did not involve the defendant. This requires rapid response to the charge in the beginning, including massive investigation into the facts and circumstances surrounding the charge. DNA and other evidence may be used to support this defense. With an adult making such a charge, another strategy is to argue that the act was consensual. These defenses each require skilled argumentation by your attorney and may depend strongly on the use of psychologists, character witnesses and expert private investigation services.
Why Hire The Best?
Stephen Nicholas and the team he will assemble is determined to gather the resources necessary to create the most favorable outcome for his clients and has a track record of generating those results. We grew frustrated with the fact that thousands of people still suffer life-altering consequences because they do not have the ability to mount an adequate defense.
Stephen Nicholas and the team he will assemble know how to level the playing field. Stephen Nicholas is a highly trained trial attorney and comes from a legacy of highly trained trial attorneys, judges, prosecutors and other professionals in this field, that give the best focused and dedicated defense and who is especially knowledgeable in the area of Sex Crime investigation.
Contact Stephen Nicholas at 210-227-4529 if you have been suspected of, accused or or charged with a Sex Crime.