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Tuesday, May 13, 2008

Sex Offenses Practice Area Overview

Do I Need to Hire an Investigator?

Accused of a Sex Offense – Hiring an Investigator

Criminal Defense Lawyers Board-Certified in Criminal Law by the Texas Board of Legal Specialization

Standing as the Voice of Reason to Protect and Defend Texans

Accused of Sex Offenses

If you have been accused of a sex offense, your mind is no doubt filled with a great many questions about how to protect your good name and your freedom. One important question to consider is: Should I hire an investigator to interview witnesses and gather evidence for me?

Should You Hire an Investigator?

Once you contact a sex crimes lawyer, you and your attorney will begin to discuss strategies for your defense. You may decide that hiring a private investigator or expert witnesses will strengthen your position. You may decide that hiring an investigator early on is a good way to counteract the fact that Child Protective Services is probably already conducting its own investigation.

Is the Witness Telling the Truth?

In the experience of Stradley, Chernoff & Alford, L.L.P., it is often imperative to bring in the assistance of an investigator to uncover every stone related to the case. Child witnesses do, in fact, make reports of abuse that are not factually true. Often, they do not understand what they are saying or its devastating effect. More often, they make one statement that could imply sexual abuse, but are then drawn out by child abuse investigators and led to elaborate far beyond the truth.

The “Telephone” Child Sex Case

Investigations of child sexual abuse are sometimes like a game of “telephone”:

  1. The child says something unexpected, which startles her mother into overreacting.
  2. The mother makes a police report she believes to be true, having misunderstood the child—or she may even embellish the story.
  3. Police take notes which allege the possibility more serious abuse than even the mother claimed.
  4. These notes are given to child abuse investigators who then attempt to “confirm” the molestation story with the child.
  5. In a follow-up interview, many pressures can be put on a child—some that adults may not even be aware of—that lead them to “agree” that they have experienced serious or even shocking criminal sexual contact.
  6. Felony child sex charges are filed.

An attorney or an accused person may not be able to discover the truth behind these allegations without interviewing family members. In most cases, however, the accused person and his attorney are either not welcome to or are legally barred from interviewing the child or other family members. An investigator then becomes essential.

Let Us Explore the Options for Your Defense

Let us examine the particulars of your case with you and explore your options for an aggressive defense. Contact Stradley, Chernoff & Alford, L.L.P. as soon as possible to schedule a free consultation.

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The Houston, Texas, criminal defense law firm of Stradley, Chernoff & Alford, L.L.P., represents people who have been accused of a sexual offense anywhere in Texas, including in communities such as League City, Angleton, Pearland, Alvin, Clear Lake, Sugar Land, The Woodlands, Baytown, Pasadena, Memorial, Spring Branch, River Oaks, West University, and Bellaire.

Houston County • Galveston County • Fort Bend County • Montgomery County • Brazoria County • Harris County