Possible Defenses That Can Be Used In Sex Crimes

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What Are The Possible Defenses That Can Be Used In Sex Crimes?

Let’s look at What are the possible defenses that can be used in sex crimes?

What Sex Crimes Defense is Right for My Case?

Depending on the case, there are certain elements that every crime contains. The prosecution has to prove every element of the case. If they cannot prove something, if they cannot prove identification, prove age, any number of things that could vary from case to case, it could be things that an attorney could defend against. In this article i will tell you in detail that what are the possible defenses that can be used in sex crimes?

Everybody is presumed innocent and the prosecutor has to prove every piece of every crime that they allege and they have to prove beyond a reasonable doubt. If there is an alibi in any case, that can certainly be a defense. If there is DNA evidence that swings in your favor, then that is certainly a defense. If there is potentially another perpetrator, there can be any number of defenses, there can be as many different kinds of defenses as there are cases.

What Happens When The Accuser Decides Not To Press Charges? Are The Charges Automatically Dropped?

Yes, it does happen. It happens in sex offense cases and it also happens in domestic violence cases. Typically, they are not dropped. There are a lot of cases where an alleged victim will recant. They will either say that it did not happen they made it up for whatever reason or they did not make it up but now they do not want to pursue the case.

They may not want the person to suffer. They say maybe they blew it out of proportion, there could be any number of reasons but once the case is in the hands of the police and the prosecutor, it is no longer the alleged victim’s choice, it is up to the prosecutor and the police whether or not to pursue it.

In most cases they do because in some cases, the victim might be threatened or coerced or in some other way convinced to say that they want to drop the charges. These are cases that are not as serious. Obviously, a violent rape, even if an accuser would come back and say that they do not want to press charges. It is highly unlikely that those are going to be dropped in fact, it is pretty much impossible that those will be dropped.

However, in a minor case, such as indecent exposure and the victim says, “Well, let it go.” The prosecutor can certainly take that into account and offer some sort of reduction or plea agreement.

How Often Are Drugs And Alcohol Involved In Sex Crime Cases?

In Ohio, voluntary intoxication is not a defense for the crime, so if you get drunk and commit a crime, then you are still on the hook for the crime. It goes for DUI, violent crimes and it goes for sex crimes as well. It does not help if the defense says that a person had gotten high or drunk and committed a crime.

On the flip side, in rape or sexual battery cases, if the alleged victim is impaired, then that is one possible foundation to support a charge against the defendant because the victim was intoxicated.

Burden Of Proof for the Prosecution in These Cases

As in any criminal case, the prosecutor has to prove the case beyond a reasonable doubt. A judge would say that it is the same kind of certainty that a person would need in the most important of their affairs. They have to be as sure as they would if they were going to choose somebody to marry or invest their nest egg or any other major decision in your life because it will have a major impact on the defendant.

If you need information regarding creating a sex crimes defense, call the law office of Attorney Matthew Bangerter for an initial consultation at (440) 394-0548 or visit our office 4124 Erie Street Willoughby, OH 44094 and get the information and legal answers you’re seeking.

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What Should Someone Do After They Are Arrested For Dui/ovi In Ohio?

Just like in a criminal case, people like to try to help themselves by trying to talk to the police. They will say, for example, “I only had a couple” or “I didn’t drink that many”, but what happens then is that statement “I only had a couple” comes into trial is they admitted to drinking.

It gets subtly shifted and it ends up hurting them. The best thing to do, just like in a criminal case, is just not make any statements without talking to an attorney.

Pleading Guilty Is Not The Best Approach Because You Always Want To Take The Chance To Try To Get A Better Resolution. There Are Many Cases Where You Can Work Out A Reduced Charge, Or Some Lower Punishment.

One Common Resolution To A Case, If It Is A First DUI With No Prior Criminal History, An Attorney Can Have It Reduced To Reckless Operation Or Called A Physical Control Which Is Being In Physical Control Of The Vehicle Under The Influence But Not Actually Driving Which Is No Points On Your License. It Is Not A Moving Violation And It Does Not Affect Insurance The Same Way. It Has A Much Better Result Than A Straight OVI. So You Always Want To At Least Take A Chance To Pursue Those Opportunities.

How Can An Attorney Help In Defending A DUI/OVI Case In Ohio?

The most common one is successive OVIs. Every OVI a person gets is added onto the last one. There is enhanced penalties for multiple OVIs within six years, also multiple OVIs within twenty years and at some point there are enhanced penalties for getting several OVIs in your lifetime.

They get more and more serious under the law, and even with an individual judge if you see that you are getting more OVIs, he is likely to give you a stiffer sentence than the minimum required by law.

Yes they can. There are a couple of basic ovis, one is for having a blood alcohol level below 0.08 or 0.17 and that is determined by a chemical test. If an officer believes that the person is impaired even without that reading, he can charge them with an ovi even if they blew a 0.06 or 0.05 just because he says they are impaired, even though that is a lower limit.

As mentioned earlier, alcohol affects everybody differently, some people may have a low level and feel it more, and some people may have a high level and think that they’re fine. So yes, there are spots where they will get an ovi with less than 0.08.

Do I have a case?

The most common method for testing BAC is a breathalyzer machine, many of which pose significant reliability problems. As an Ohio DUI defense attorney, Matthew Bangerter handles all matters related to the defense of your drunk driving charge, including challenging the reliability of breathalyzer equipment used, appearing in criminal court as your advocate, and negotiating with the prosecution to obtain a reduced sentence. As a skilled Ohio DUI attorney, Matthew Bangerter understands the Ohio drunk driving laws and he will strive to obtain a dismissal or reduction of charges against you, as well as the minimum available penalty. He understands that maintaining your driving privileges is of the utmost importance so he will seek to minimize or avoid any suspension or revocation of your driver’s license.

Ohio DUI Penalties

Ohio has some of the strictest penalties for DUI/OVI in the country. Penalties for DUI/OVI can be severe, even for a first offense. If convicted, you could face license suspension, hefty fines, vehicle disablement, required OVI offender license plates, ignition interlock, and mandatory jail time. If you test over the legal limit or fail to submit to a breath alcohol test you face a mandatory minimum Administrative License Suspension (ALS) unless you correctly appeal the suspension.

Aside from court-mandated penalties, your insurance premiums will likely increase and drunk driving charges can do significant harm to your reputation. Court-imposed driving limitations may also impact your ability to get to and from work as well.

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