Miami Sex Crime Lawyer

Miami Sex Crime Attorney

Sex crimes are a class of criminal felony offenses that are sexually motivated in nature and usually require the assistance of a Miami sex crime lawyer to overcome. They are among the most serious types of crimes. A conviction of a sexually motived offense will always result in a sexual offender designation, required mentally disordered sexual offender probation, residency restrictions and either a lengthy prison sentence and/or probationary term. Some of the offenses that fall under sex crimes include:

• Child Pornography
• Child Rape
• Lewd and Lascivious Behavior
• Molestation
• Sexual Battery
• Sexting
• Statutory Rape
• Voyeurism

Most sexually motivated offenses involve people who know each other. Usually, it will be a friend, former significant other, or family member who makes an allegation that there were sexually abused or violated. It could be something as shocking as a young child alleging that a family member touched them inappropriately or a love interest or friend claiming that they were intoxicated and don’t remember what happened. A sex crime can be a young person sending half-naked pictures to a love interest or an adult downloading and sharing pictures that sexually depict children.

The greatest difficulty in defending a person accused of a sex crime is that prosecutors, judges, and juries almost always presume these individuals guilty. Juries are the hardest to convince because jurors always think, “why would a person lie about that.”

There are many reasons why a person would lie about being the victim of a sexually motivated crime. It is more common than the general population realizes. The most common reason for a false accusation is revenge. A former partner or jilted lover will allege a sexual offense to get even with the accused individual. It can be a one-night stand where one party doesn’t return phone calls or texts and the other party calling 911 and claiming that there were drugged and raped. The allegations can be familial in nature, such as a child being coached into lying to satisfy the nefarious motives of a former spouse, lover, or disgruntled family member. Many people find themselves falsely accused of these crimes every day. The team at The Kirlew Law Firm understands the severe impact of these accusations and provides experienced legal defense to protect your rights. Our Miami criminal defense lawyer has the knowledge and experience to challenge false claims and navigate the complexities of sex crime cases. The U.S. Department of Justice’s Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART) provides valuable resources on federal laws and regulations governing sex crimes, registration, and offender monitoring.

What should I do if I am accused of a sexually motivated crime?

First of all, do not talk to anyone other than your lawyer. If anyone alleges that you or someone close to you was the perpetrator of a sexually motivated offense, call an experienced lawyer immediately. Even if it is the weekend, after hours, or a holiday, call a lawyer. Most criminal defense attorneys have a 24-hour answering service that will be able to direct your phone call outside of business hours.

Do not text or call the alleged victim. Do use Facebook, Twitter, Instagram, Snapchat, or any other communication form to try to speak with the accuser or their family. If someone contacts you through any social media platform, through text message, or by phone asking questions about the allegations, do not respond to them. Do not even respond that you are innocent. Do not, under any circumstance, confide in anyone before speaking to a lawyer.

If the alleged victim or someone close to them calls you and tries to get, you to explain what happened or your recollection of the events, immediately hang out the phone and call your lawyer. It is a common police tactic to use a controlled phone call with the alleged victim, or their family or friends, to initiate a phone call to the accused. That phone call is always being recorded and is designed to get the accused person to incriminate themselves. And the scary part is that even though the police are listening in, recording the conversation, and usually directing the caller what to say, anything the accused individual says on that phone call can be introduced as evidence of guilt even though the accused was never read their Miranda rights. Don’t face a sex crime alone. Call an experienced lawyer like Brian Kirlew, Esq. to protect your legal rights.

Common Defenses to Sex Crime Charges

A strategic defense approach must be customized according to the unique details of each sex crime case. The defense strategy varies according to the specifics of the accusation because multiple standard defenses are available for use.

A commonly used defense strategy against sex crime charges involves the consent argument. Many sexual offense defendants claim that the sexual encounter was consensual to dispute any allegations of force or coercion. The defense strategy focuses on proving mutual consent between parties and depends largely on how believable the provided testimonies appear.

The absence of evidence serves as a major defensive argument. For sex crime cases, prosecutors carry the burden of proof, which requires them to show strong evidence in support of the alleged victim’s claims. When the defense shows that evidence fails to prove guilt beyond a reasonable doubt, the charges may be dismissed or result in a not guilty verdict.

Defense strategies must address the critical problem of false accusations. Sex crime accusations against people can arise from motivations like revenge, while other cases emerge from misunderstandings or personal disputes. Defense attorneys will try to reveal the motivations behind accusations and identify story inconsistencies to weaken the credibility of the allegations.

The accused can use an alibi defense by demonstrating that they were elsewhere when the crime supposedly took place. The defense may present witness testimony or video surveillance alongside other evidence that supports the accused’s statements. A credible alibi can greatly undermine the prosecution’s evidence and result in the charges being dropped.

Impact of a Sex Crime Conviction

Being convicted of a sex crime produces consequences that reach far outside the courtroom and deeply affect the convicted person’s life. When someone is convicted, they face serious punishments, which may include long-term imprisonment, supervised freedom through probation, and large financial penalties through fines. A sex crime conviction creates lasting stigmatization that affects personal relationships and professional opportunities.

A major consequence of being convicted of a sex crime involves mandatory sex offender registration. The law requires people who have been convicted of sex crimes to enter their information into a publicly available national or state sex offender registry.

Registered sex offenders face exclusion from social groups and encounter obstacles when trying to obtain housing and keep their jobs. Background checks performed by employers often result in limited job prospects for those with sex offender registrations, particularly when positions involve interaction with children or vulnerable groups.

People who have been convicted of sex crimes can encounter limitations on where they can live. Registered sex offenders face residential restrictions in numerous jurisdictions that prevent them from living near schools and daycare centers as well as parks. Such limitations increase feelings of isolation while undermining a person’s sense of security and stability.

A conviction for a sex crime can strongly affect subsequent legal cases. People who have previous convictions are subject to more severe punishments for repeat offenses and encounter difficulties when attempting to remove their records from public view.

Your Legal Rights if Accused

The law provides special protections to sex crime defendants to guarantee they receive equitable treatment during their legal proceedings. Anyone who faces serious allegations must understand their legal rights to protect their interests. Some of these include:

• The right to remain silent. This constitutional protection enables individuals to avoid self-incrimination since they cannot be forced to provide testimony against themselves. The accused should remain silent about the allegations to anyone, including police officers, until they obtain legal counsel.
• The right to legal counsel. A fundamental protection provided in the justice system is the right to legal counsel. Each person accused has a right to legal representation, and if they cannot afford to hire one, the court will provide them with a public defender. Accused individuals require experienced legal representation because a skilled lawyer understands the legal system’s complexities and works to establish a strong defense while defending the accused’s rights.
• The right to a fair trial. Every accused person deserves a fair trial that maintains their innocence until guilt is established. The prosecution carries the burden of proof because it needs to demonstrate the defendant’s guilt with absolute certainty beyond reasonable doubt. The accused have the right to face their accusers and dispute evidence while bringing forward defense witnesses and evidence.
• The right to appeal. A convicted individual maintains the right to challenge their verdict through an appeal process. People can ask a higher court to review their verdict when they find legal mistakes in their trial or when they feel their rights were violated during the proceedings. The appeals process provides further protection to those accused of serious crimes.

Our Areas of Specialty

The fact is, there’s always something going on in a thriving metropolis like Miami. That means it’s easier than you might imagine to find yourself facing criminal charges. Given the dynamic nature of our city, it only makes sense for Brian Kirlew and his defense team to be flexible and responsive to the needs of his clients.

Our firm represents clients charged with any and all types of offenses in Miami and the greater South Florida area. The skills of an intelligent and experienced Miami criminal defense lawyer translate to all areas of criminal law. Therefore, we do not like to be bound by one or two particular areas as our “specialty.” We find defending against a broad spectrum of crimes to be more interesting and enjoyable to our practice.

Brian Kirlew, Esq. is experienced in defending all kinds of criminal felony and misdemeanor charges in the greater Miami area, including:

• Alien Smuggling
• Appeals/Post Conviction Motions
• Assault and Battery
• Burglary
• Child Pornography
• Domestic Violence
• Drug Crimes (Possession, Sale, Trafficking)
• Conspiracy
• Bond/Release
• Arson
• DUI/BUI Defense
• Embezzlement
• Extradition
• Federal Grand Jury Investigations
• Firearm Offenses
• Forfeitures
• Fraud
• Internet Crimes
• Juvenile Charges
• Kidnapping or False Imprisonment
• Mail/Wire/Fraud
• Medicare Fraud
• Medical Marijuana
• Murder and other Homicide offenses (Murder, DUI Manslaughter, Vehicular Manslaughter, Manslaughter)
• Nebbia requirements
• Probation Violations
• Federal/State RICO
• Robbery
• Sealing and Expungement
• Sexual Offenses
• Subpoenas (responding to or issuance of)
• Tax Evasion
• Theft
• Warrants
• Violations of Injunctions/Protective Orders
• White Collar

FAQs About Miami, FL Sex Crime Law

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When you’re facing criminal charges in Miami, time is of the essence. It’s important that you have the proper legal representation to ensure that you get the best outcome possible from your trial. At the Kirlew Law Firm, you, your family, and your business are what matter most to us. We want to ensure that you enjoy every advantage that our thorough and collaborative approach to criminal defense has to offer.

Brian Kirlew is here to represent you. You can schedule your free phone consultation with our criminal defense lawyers today to begin building a sound defense strategy.