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Sex crimes more than any other type of crime quite a bit can be done before a charge is brought against a client. Oftentimes, we get a call by somebody saying that they’ve been contacted by an investigator or otherwise accused of doing something inappropriate sexually and we take those cases and we run with them fast right from the beginning. Because we want to head off any actual charges brought against our client. The biggest win you can have is to kill it before it starts to stop the charge before it starts against somebody.
And there’s a number of different ways that we do that as a law firm. We employ private investigators different ones for different areas of the state or different investigators for different types of accusations. We use, when it’s appropriate, polygraph examinations. We use thorough investigation or vetting of the accuser in the case when it’s appropriate, not always appropriate but sometimes it is.
And we develop the story of our client and what they did or rather, what they didn’t do so that the prosecutor and the investigator can have a full understanding of what happened or didn’t happen in this situation and not just what complainant says. We’ve had a lot of success with that.
Patrick: So a memorable criminal sexual conduct case a few years back I had a case where a father was accused of sexually abusing his daughter. And it was a case that had been delayed in its being brought forward by the government and the government flew in several witnesses both my client’s daughter from Colorado and they flew in his son, her brother, from Missouri. They flew another witness in. There was a lot of resources spent on prosecuting him.
And ultimately, the theory and with my client’s permission I had to tell the jury, I looked at them point bland and said, “You don’t have to like my client, in fact, I don’t like my client and how he behaved as a father. He made a lot of mistakes as a father but he did not and there is nowhere near sufficient amount of evidence to establish that he sexually assaulted or abused his daughter.”
And to be able to stand up and he was acquitted and I know it was a tough case. A lot of resources were spent on that but you know, you need to get your client’s permission to do those things but it really showed the point that you have to be authentic.
And you have to really be honest with the jury and show your client’s faults and take those on right up front because you’re going to gain more credibility than when you come in and say but you can’t convict him.
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Watch this short video featuring criminal law attorneys Tom Sieben and Patrick Cotter as they talk about various cases in sex crime.