Being accused of a sexual offense is one
of the most serious and stressful situations a person can
experience. If the allegations are made public, the accused
is subject to humiliation and potential loss of employment.
If it is alleged that the victim is a child, the potential
penalties can be severe, including a sentence of up to life
in prison. Even consensual sexual contact with a minor of
16 or 17 years of age can result in felony charges and incarceration
in the Florida Department of Corrections. It is therefore
extremely important that the person accused obtain legal advice
as soon as the allegations are known.
The legal advice you receive regarding a sexual
offense or sex crimes case should come from an experienced,
compassionate lawyer. Attorney Charles Holloway, P.A., has
the experience and compassion necessary to consult defendants
being accused of sex crimes in Pinellas, Hillsborough, Pasco,
and beyond. Please call attorney Holloway at (727) 446-8303
to discuss your sex crimes case and schedule an appointment
at his offices in Clearwater, Tampa, or St. Petersburg, Florida.
Attorney Holloway is here to offer valuable advice about sexual
offense charges as well as investigating
sex crimes, speaking with law enforcement about sexual
offenses, and the importance of hiring an attorney to represent
you during a sex crimes case.
The Investigation
The response of law enforcement to an allegation
of a sexual offense often varies, depending on the circumstances.
For example, if a law enforcement officer catches a person
in the act of indecent exposure or voyeurism, it is likely
that the accused will be arrested for a sex crime on the spot.
If, however, the allegations involve behavior where the accused
is not caught in the act, it is more likely that law enforcement
will want to investigate before deciding which action to take
next. At the end of their investigation, law enforcement may
decide to make an arrest or, in the alternative, send the
matter to the State Attorney’s Office for what is referred
to as a “non-arrested investigation.” After reviewing the
information that law enforcement has gathered about the sex
offense, the State Attorney’s Office will then decide whether
to file charges or not.
When conducting an investigation, law enforcement
always contacts the reporting witnesses and accuser first,
saving contact with the accused for last. In this way, they
can gather as much information as possible before alerting
the suspect of the allegations. This technique also maximizes
the background information that law enforcement has available
to them so that they can better prepare to interview the accused.
If the accused is alleged to have engaged
in a sexual offense with a child, law enforcement will also
enlist the assistance of child specialists. These specialists
can include law enforcement officers such as Child Protective
Investigators (CPI) and investigators with the Department
of Children and Families (DCF). These specialists may also
seek to interview witnesses, including the accused.
Initial contact by law enforcement with an
accused may take the form of a phone call or a personal visit
to the suspect’s place of employment or residence. The chief
purpose of this contact is to conduct an interview of the
accused. The interview may or may not be preceded with a warning
known as the “Miranda rights” and may or may not be electronically
recorded. Regardless, while the official purpose may be to
conduct an objective interview, there is a significant
risk that law enforcement will view the accused as guilty
and therefore conduct an interview that is less than fair
and objective. An accused will often decide to speak with
law enforcement, in the belief that they can explain their
way out of the problem. This belief is usually proved wrong.
It is therefore extremely important that the accused
obtain legal advice before speaking with law enforcement or
other specialists.
If you wish to speak with an attorney before
you speak with law enforcement about sex crimes allegations,
which is highly recommended, please call Clearwater
criminal defense attorney Charles Holloway, P.A., at (727)
446-8303. Attorney Holloway can meet with you at his offices
in Clearwater, Tampa, and St. Petersburg, Florida to discuss
sexual offense charges, investigations, and evidence. Attorney
Holloway’s locations are convenient to clients throughout
the Tampa Bay area including Pinellas, Pasco, and Hillsborough
counties.
The Charges
Sexual offenses can include the following
charges: