Internet Crimes | Date Rape | Statutory Rape | FAQ |

There are many different types of sex crimes.  Most of these offenses are punishable by several years of incarceration.  It is important when youbecome involved in the investigation of a sex crime to consult with an experienced criminal defense attorney with experience in litigating sex crimes.  Call Mitch Foster Law as soon as possible so that you have quality legal representation early in the case.

INTERNET CRIME

Even from your own home, without coming face to face with anybody, you can be accused of an internet crime.  Many of these accusations are for internet sex crimes.  These accusations can lead to serious felony charges, carrying with them lengthy prison terms.

Often police will want to search your home to seize your computer.  If the police search your home illegally without a search warrant, the evidence illegally seized could be suppressed.  Don't ever give permission to the police to search your home without first consulting an experienced criminal defense attorney.

Often in internet crime, your own statements are the strongest evidence against you.  Always talk to an experienced criminal defense attorney first before saying anything to the police.  Statements to friends or acquaintances can also be used against you in court.  It is critical to a strong defense to speak with an experienced criminal defense attorney as soon as possible if you have been accused of an internet crime.

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DATE RAPE

Imagine two people getting involved in one night of passion.  They know each other but not too well.  Alcohol is involved, one thing leads to another, and the two people have consensual sex.  The next morning one of the people has regrets and wants to make the whole thing go away.  The person may be ashamed of herself for letting things progress farther than she wanted them to.  One trip to the police and one false allegation of rape turns the life of the accused upside down.  This is the time when it is critical to speak with an experienced criminal defense attorney right away.
Mitch Foster Law will evaluate your situation and advise you on what decisions to make.  Private investigators and polygraph examiners are often helpful to a successful defense of these charges.
Contact Mitch Foster Law before agreeing to speak with the police and before letting the police in your home.  Almost always, the only thing you have to gain by talking to the police is a criminal charge against you which could lead to a criminal conviction.  Even an innocent statement could be misinterpreted into an admission of guilt or the suggestion of guilt.
These types of cases require an aggressive defense, and an attorney that is prepared and ready for trial.

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STATUTORY RAPE

In Michigan, consensual sex with any person under the age of 16 is considered a very serious felony.  If you are asked to talk to the police about any involvement in a sexual act, DON'T!  First contact Mitch Foster Law to discuss your constitutional rights.

Police are allowed to trick or deceive people into confessing or to admitting certain facts that could lead to a serious criminal conviction involving a prison sentence.  One common tactic used by the police is accusing somebody with forcible rape on a young teenage girl.  When the person replies, no “it was consensual” or “she was the aggressor”, or “we made love”, they are admitting to a felony crime of criminal sexual conduct if the alleged victim was younger than16 years old.  Even a 17 year old boy with a 15 year old girlfriend can be convicted and sent to prison.
It is not a valid defense to statutory rape if you are shown a fake ID that the person was 18.  Talking to an experienced criminal defense attorney first could save you from a felony record and a long period of incarceration.

It is important to seek quality legal representation early in a case like this, even if you are not charged with a crime.  A good criminal defense attorney can begin an investigation to look into the background and credibility and motivations of an alleged victim and her family.

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FAQ - SEX CRIMES

1. I did it, do I still need a lawyer?

Yes.   Anytime you are accused or charged with a sex crime you need a lawyer.  People can be acquitted by a jury even if they may have actually committed the crime.  A good criminal defense attorney can successfully represent you in many different ways, including plea bargaining and sentence negotiation.

2. When should I talk to the police?

Never.  You should always talk to your lawyer first before talking to the police.  Your lawyer can make arrangements for you to speak with the police if it is in your best interest.

3. What if the police tell you, “we just want to clear things up” or “we just want your side of the story” what should I do?

Speak with an experienced criminal defense attorney first.

4. Are police allowed to trick or deceive people to get them to talk?

Yes, and they often do.  That is why it is critical to talk with an experienced criminal defense attorney first before talking to the police.

5. What if I'm standing around watching a rape take place, can I get in trouble?

Yes.  You could actually be charged with a serious felony even if you weren't the person who engaged in sexual contact with the victim.  You could be charged as an accomplice.

6. Won't it be better for me if I just tell the truth?

Usually not.  You always have the option of not saying anything.  Sometimes your own words or statements are the strongest evidence the police have against you.  You have an absolute right under the 5th Amendment of the U.S. Constitution to remain silent and refuse to answer anybody's questions about the alleged offense.

7. If I'm charged with criminal sexual conduct, can my children be taken away from me?

Yes.  Often there is a separated investigation with child protective services that could result in the temporary removal of your children from your home, or even the termination of your parental rights.  This investigation and legal proceeding is different than a criminal case.  You have certain rights in these cases, including the right to a jury trial to determine whether or not there is enough evidence for the court to take jurisdiction of your children.

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