Contact Us for a Free Consultation (213) 542-0979


What Can Attorney Do Pre-Filing in Sex Crime Case?

Posted by Ronald D. Hedding, ESQ. | Oct 23, 2019

A lot of people try to represent themselves in some of these sex crime cases and it's a huge mistake because when you speak to law enforcement regarding a sex crime matter, you really put yourself in jeopardy because if they're investigating you then you're a target and they're going to try to gather information to use it to prosecute you.

It's almost a no-win situation because I've seen — even when somebody says, I'm innocent, I didn't do anything wrong — the next thing you know there's some statement in there that is being used by the prosecutors that the person claims that they didn't say.  So, then it's your word against the officer's word.

Don't Make Statements To Police

Why even take a chance?  Don't make any statements to them.  You're not going to talk your way out of it.  They're typically slanted against you.  It's not like they're there to prove you innocent.  They're there to prove you guilty and they've already been given information by an alleged victim and maybe even some witnesses.

Pre-Filing Attorney for Los Angeles Sex Crime Case

So, they're not going to listen to what you say.  They're going to try to take what you say and use it against you.  They're going to try to get you to make a statement that they can later use against you.

Even if you had consensual sex with somebody, if someone's claiming that you violated them in some way sexually, just admitting that you had sex with them gives the prosecutors half of their case.  Even if it was consensual, they're going to say, one, they've had sex with the person, and two, the person is saying it wasn't consensual.

So, it's just not worth talking to them and the best way to get a buffer between you and the police or between you and the prosecutors is to hire a criminal defense attorney.  Let them do the talking for you.  Let them maneuver the case for you and sometimes it takes some time for the prosecutors to make a decision on whether to file and you just have to wait patiently.

But, waiting with a criminal defense attorney who can advise you along the way, and if something does happen where you get arrested, that attorney can snap into action and help to get you out of custody.  And also, if the prosecutors have any questions, they're not allowed to call you.  They'd have to send the police out to talk to you, but if you have an attorney, they can go to that attorney and ask them the questions.

Retain a Criminal Attorney To Deal With Police

So, it's just a much easier and smarter way to handle things by hiring a criminal defense attorney when you're under investigation for a sex crime versus you trying to handle it yourself.  I've almost ever seen anybody help themselves in a sex crime case when they handle it themselves.

Either they say or do something that incriminates them or it's simply a push and whatever they say or do is meaningless.  But, why would you take the chance that either you might say or do something that they could use against you, or the police manipulate what you say and claim they say you said or did something that you really didn't do.

So, that's one huge advantage, pre-filing is to have an attorney who can deal with the police.  That way there's no chance you will say or do anything that could be used against you.

Also, a lot of times the police will get the alleged victim to call you and try to get you to say something that's incriminating.  This is called a pre-text phone call.  You don't want to get engaged in anything like this.  You don't want to make any statements to anybody.

Criminal Attorney Will Guide You Through a Sex Crime Investigation

If you believe that you are under investigation for a sex crime, you should hire an attorney immediately.  Give the attorney all of the information related to the case.  Don't leave anything out and let the attorney handle it.  Let the attorney guide you all the way through the process if you want to get the best possible result.

If you've already done some things and said some things, it's not too late to stop the damage that's going to be coming your way when you're the target of a sex crime investigation.  Let your attorney take over.  Let them talk to the prosecutor and let them advise you on your next best moves related to your case.

You'll have a huge sense of satisfaction once you hire an attorney because you'll know you're doing everything you possibly can to protect your rights, your freedom and your reputation.

About the Author

Ronald D. Hedding, ESQ.

Ronald D. Hedding, Esq., is the founding member of the Hedding Law Firm. Mr. Hedding has an extensive well-rounded legal background in the area of Criminal Law. He has worked for the District Attorney's Office, a Superior Court Judge, and as the guiding force behind the Hedding Law Firm. His multi-faceted experience sets Mr. Hedding apart and puts him in an elite group of the best Criminal Defense Attorneys in Southern California.