Carolina Criminal & DUI Lawyer BlogRape charges – Sex Offenses
Everyone knows allegations of rape, statutory rape, sex offenses, and indecent liberties charges in South Carolina and North Carolina criminal court are serious.
A conviction for those types of felony charges can result in life-changing consequences, including the requirement to register as a Sex Offender. That’s serious stuff.
It may come as a complete surprise. You may be shocked to be accused of rape or some other inappropriate sexual conduct or possession of illegal sexual images.
We firmly believe it’s a mistake to talk to police or give a statement without a defense lawyer by your side. The police and detectives who investigate felony charges are very good at what they do. You are at a tremendous disadvantage – Bill Powers
“I didn’t know. . .” may not be a defense to things like statutory rape charges. That’s also true for certain types of illegal pornography cases, possession, distribution of child pornography, exploitation of a minor, solicitation of a minor by computer, etc.
Should I talk to the police?
The target of the investigation, the person who might eventually get arrested, taken to jail, and charged with rape or some other serious felony sex offense like Solicitation of a Minor by Computer, may actually be the LAST person police call.
It’s a common mistake to talk to police without a “criminal lawyer.” People sometimes walk voluntarily into the lions den, not knowing what awaits them.
If you are sitting in an interview room, without legal representation chances are the police already have the answers to their questions. Chances are, they’re not looking to “hear your side of the story.”
They want a confession. They always want a confession.
It’s always easier to get an indictment with a voluntary confession when it comes to felony criminal charges in the Carolinas.
What should I do if the police call me?
Our law firm strongly recommends you politely decline. Don’t engage in ANY conversation about what may or may not have happened. The first rule in gathering information is this: Get the person talking.
- Don’t talk about criminal charges or what happened on the phone
- Don’t “just come on down to the station to talk”
- Take the 5th
- Politely, but firmly say, “I’d like to speak with an attorney.”
You have a right to legal counsel. You also have a right to remain silent. Exercise both those rights if you’re facing Carolina criminal charges like rape, sex offense, and statutory rape.
Actually, it’s a good idea to assert your 5th Amendment Rights and the right to legal counsel in many, if not most, criminal investigations.
Those legal rights are protected in court. Police cannot deny you the right or opportunity to seek legal counsel. Miranda Rights or Miranda Warnings may apply if you were in custody and being asked questions.
Unfortunately, it’s not unusual for people to waive those rights, to voluntarily give a statement. If that’s the case, things can get real serious, real fast, if you’re accused of a felony criminal charge like rape or statutory rape or sex offenses like indecent liberties with a minor.
What should I do after getting arrested?
Accused of a felony or misdemeanor charge?
Stop talking, ask for a defense lawyer. If you think you can outsmart the police like they do on shows like Law and Order or one of the many CSI shows, that’s a mistake. You could say sex crimes detectives are experts at getting information.
The best confession is a voluntary confession. Police don’t need to worry much about Miranda Rights if you’re not under arrest and cooperating with the criminal investigation.
Detectives who handle rape charges, murder, manslaughter, and even robbery cases are specially trained in techniques to get people talking. They’re also trained to recognize when people aren’t telling the truth. They use body language, eye contact, and things they’ve learned from military-style “psych ops” to get people accused of crimes to give confessions.
And here’s another thing you should know: Police officers don’t have to tell the truth. They are allowed to lie, to exaggerate, to act like they know more than they do.
They can tell you incorrect information. They can pretend someone already “turned State’s evidence” or gave a statement against you.
That doesn’t mean they get to lie in court or fabricate evidence; but, it’s entirely legal to be dishonest with you about claiming to have evidence they don’t have.
In obtaining a confession, police cannot use force or the threat of force or violence. But, detectives are allowed to use psychological tricks to get confessions from people accused of crimes and “suspects.”
That includes the use of deceptive techniques and deception during interrogation.
- In Frazier v. Cupp, a 1969 opinion by the Supreme Court (US) found it legal for police to tell a suspect a co-defendant confessed, even when he had not.
- In the 1977 Oregon v. Mathiason opinion, the United States Supreme Court said it is permissible to tell the accused they had evidence of the crime, in that instance the criminal defendant’s fingerprints.
Defense Lawyers for Felony Charges – Bill Powers – Powers Law Firm PA
These types of cases are very serious. Your future is in the balance. Seek legal representation immediately, prior to making a statement or providing any form of information.
Success at trial is often predicated on careful management of information and evidence. You never have to explain for something you didn’t say – Bill Powers, Carolina Criminal Defense Lawyer
Call NOW for a free consultation and legal advice BEFORE talking to the police: 704-342-4357
As available, we have attorneys on staff to answer your after-hour questions. You may also reach Bill Powers directly by email at Bill@CarolinaAttorneys.com