Being accused or charged with criminal sexual conduct, especially if it involves a child, can be one of the most terrifying experiences of a person’s lifetime. It is critical that you immediately understand what you are up against and what actions you should and should not take.

WHAT DO I DO?

FIRST, shut your mouth. Once you know you are being investigated for a criminal sexual conduct crime, you should never, ever, speak to the police or any other person about the matter. The police are not your friends. It will not go easy on you if you just “tell them the truth.” You should not talk about or explain anything to any family members, friends, officials, or the alleged victim.

SECOND, call an attorney experienced with criminal sexual conduct defense immediately. The sooner you make the call the better. We will consult with you at no charge on a criminal matter.

THIRD, refuse any polygraph offered by the police. Polygraphs have a significant statistical rate of error. If you are innocent, and test guilty, then the police and the prosecutors will pursue the case aggressively, irrespective of the facts. If the polygraph examiner misunderstands the facts, and asks the questions in the wrong way, and you test “guilty” when innocent, again the police and the prosecutors will pursue you aggressively.

FOURTH, understand that all of the rules are against you. In a criminal sexual conduct case, especially involving children, many statutes, court rules of procedure, and most importantly, rules of evidence, have been specially modified over the last 20-30 years, to allow the prosecution huge tactical advantages in the trial of any criminal sexual conduct case. That is why it is so important that you retain experienced counsel as soon as possible to begin addressing the multitude of evidentiary issues that you will be confronting in your case.

FIFTH, hire a criminal defense attorney experienced in criminal sexual conduct cases. CSC cases have unique legal and evidentiary rules. Most CSC cases have significant forensic issues to include biological evidence, physical evidence, electronic evidence, medical evidence, and psychological evidence. We have the experience to aggressively defend your case and preserve your rights at trial. At Nye & Associates, we make extensive use of experts to help develop a defense in your case.

SIXTH, you will survive. There are tremendous support resources for you to help you understand how to deal with the social stigma and the stress of being accused of criminal sexual conduct. One of the best resources as a gateway to materials and information about how these cases can be abused, over prosecuted, and the inherent flaws in these types of prosecutions, can be found at the National Child Abuse and Resource Center.

Criminal Defense Attorneys serving Roscommon County, Crawford County, Saginaw County, and the surrounding area.