Being accused of a sex crime can instantly turn your life into a living nightmare. Often, those accused of a sex crime finds that they are treated guilty by friends, neighbors and even law enforcement before their case even goes to trial. Due to the serious nature of sexual charges, it is important to begin defending your rights from the moment you are accused. Here are rights guaranteed to you by the Constitution along with ways to ensure they are upheld while dealing with Sex Crime and internet related charges.
Right to a Fair Trial
According to the Bill of Rights, every person who is accused of a crime has the right to due process. This means that if you decide to take your case to trial, then you have the right to a fair and impartial jury. Unfortunately, sex crimes are often high-profile cases that get reported in the national media.
This is especially common when dealing with an online sting or pornography that has been distributed internationally. When this occurs, extra precaution must be taken when setting up your trial; if it is not, then your charges could be dropped if you can prove you were treated unfairly.
Protection from Illegal Searches and Interrogation
Law enforcement agencies have the tendency to overlook the rights of the accused when gathering evidence for Internet-related sex crimes. Sadly, this means that many innocent people end up accused of crimes that they did not commit due to others gaining access to their computer. Additionally, some law enforcement officers set up online stings in which they have an officer pose as a minor to entice a prospective predator to meet offline. In some instances, these cases have been thrown out on claims that they it was an entrapment. It is important for you to know that just as an officer must have a warrant to search your home, they should also have probable cause for searching your computer.
Right to Legal Counsel
According to the Legal Information Institute , the Sixth Amendment guarantees you the right to legal counsel even if you cannot afford it. This also means that your legal counsel must be experienced and effective enough to defend you if your case goes to trial. Having effective legal counsel can help you to avoid self-incrimination. Therefore, it is important to establish legal counsel before facing interrogation.
Being charged with a sex crime can be a difficult situation to face, it is important to know that you have many rights afforded to you by the U.S. Constitution. Because Internet-related sex crimes are still a new to the field of law, it is especially important to be aware of your rights so that you can defend them for the best prospects during your case.