Added: Jonn Kapp - Date: 26.01.2022 09:00 - Views: 49897 - Clicks: 5109
A common misunderstanding by a person accused of a sex crime in Kansas is that the police charge the suspect with a crime. In fact, police can investigate any crime in the field, and may make an arrest or issue an order to appear in court; but it is only a prosecutor who can file charges for a crime.
This fact is crucial to anyone charged with a sex crime because prosecutors operate very differently than do local police. For starters, a prosecutor is held too much higher standards when making decisions to charge and formally prosecute for a crime and has to consider whether a charge can ultimately be proven beyond a reasonable doubt. This is why having an experienced sex crime defense lawyer throughout the police investigation can be very beneficial to the accused.
At this stage, a prosecutor will review the merits of the sex offense case by asking 3 key questions:. Was a crime committed? Our experience has shown that more false reports of sex crimes occur than the public may think.
For instance, possible workplace sexual harassment can be wrongly elevated to a statutory sex crime.
Or, normal developmental experimentation may be wrongly elevated to a crime. A prosecutor will examine the reports for compelling evidence that a real sex crime occurred. Is there a suspect? This can happen, for instance, when the victim passes out at a party and wakes up to realize that a sexual act has occurred. If the prosecution can identify one or more suspects, they will move on to question Can I prove the case beyond a reasonable doubt? A prosecutor need only show probable cause in order to file a case.
However, they must demonstrate proof beyond a reasonable doubt in order to convict. This is a much higher legal standard under Kansas sex crime law. Kansas statutes provide specific definitions regarding sex crime law. Whether the investigation is ongoing, or if formal charges have been filed, the accused will need legal representation to consider the following:. AGE The ages of both the accused and the alleged victim at the time of the reported event are of paramount importance.
This is also true of the accused. Showing there was consensual engagement is a proven defense trial strategy. Even if DNA is to be entered, procedural rules and protocols must be strictly followed by law enforcement; otherwise, the defense can file favorable motions on behalf of the defendant.
A sex crime allegation or charge can create enormous obstacles for an individual in many different areas of life. If you or someone you care for has been accused of a sex crime in Kansas, act immediately and contact Defense Attorney John DeMarco who can protect your interests during investigation, and who will fight for you until the end.
At this stage, a prosecutor will review the merits of the sex offense case by asking 3 key questions: 1. If the prosecution can identify one or more suspects, they will move on to question 3: 3. Whether the investigation is ongoing, or if formal charges have been filed, the accused will need legal representation to consider the following: 1.Real sex Overland Park Kansas
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