A Thorough Defense Investigation is Critical

Most of the time when someone is charged with this type of crime “consent” is a central issue.  Often times there is very little evidence involved, and a victim’s allegation alone, without corroboration, is enough to charge you.  Further, law enforcements’ investigations never tell the full and complete story.  The Government has a basic interest in protecting and supporting victims, so they gather the evidence that supports their allegations.  They don’t dig into the circumstances surrounding the incident, the prior relationship of the parties or previous and current mental health records.  Which could be used to challenge the veracity of the victim’s allegations.  This is why it is critical for your defense attorney to conduct a thorough and independent investigation.  We use this information to fill in the gaps and answer the questions that were left unanswered from the State’s investigation.

Our Approach

A defense investigation requires a multi-faceted approach.  First, we thoroughly review the government’s case against you.  Next, we utilize a number of different techniques depending on the specific circumstances of your case.  Finally, we organize all of the newly discovered information and determine the most effective way to present it to the Courts.  Detailed below are a few of the techniques commonly used in our sex crime investigations, through the help of an experienced private investigator.

  • Social Media. 

    Social media has become a central part of many people’s lives.  Defense investigators are able to uncover a wealth of information about the alleged victims and witnesses from these sites.  A thorough social-media review could uncover truthfulness of the allegations and potential hidden-ulterior motives for reporting the crime.

  • Interview Alleged Victim and His/Her Family Members. 

    This is especially important when the alleged victim has expressed an interest in recanting the allegations, unwillingness to pursue charges or unwillingness to cooperate with the government.  Family members may or may not be supportive of the accuser’s allegations.  They will be able to provide intimate detail of the alleged victim’s past and the parties prior relationship.  Most importantly, a statement from the alleged victim and his/her family can have a significant impact on how a prosecutor decides to resolve a case.

  • Key Witness Interviews.

    It is vital to identify those people who can support the defense’s theory.  Through review of the government’s file is a good starting point.   However, you play a crucial role in identifying individuals that either the government does not know about or chose not to interview because it would weaken their case.  These witnesses will be able to provide the necessary context regarding the relationship of the parties and/or the events surrounding the alleged incident.   In addition, it provides us an opportunity to ask the questions that law enforcement avoided or failed to ask a particular witness.

  • Legal History/Background Check. 

    In most cases it is appropriate to review the legal history of the alleged victim and prior legal disputes between the parties, including criminal and family disputes.  Prior or pending family law issues cans shed light on the timing of the current allegation.  The parties may be involved in a child custody battle or in the middle of a heated divorce.  In these circumstances, allegations of sexual abuse against a childe made by a parent or family member may be motivated by anger, resentment, or a desire to impact child custody and visitation.  A criminal-records search allows the defense to examine whether the alleged victim has made previous similar allegations and whether or not the police have prior involvement with the parties or the alleged incident location.

  • Alleged Victim’s Mental Health and/or Medical Records.

    As a general rule, these records are protected as private communications between a patient and his/her doctor.  However, a skilled defense attorney may be able to convince the court that these records are related to your case and may include necessary evidence.  For instance, these records could help establish whether the alleged victim is being truthful or not, whether his/her injuries are consistent with the original allegations and underlying conditions he/she may have that could be the source of the allegations.

While this is certainly not an exhaustive list, these things are important to investigate and review in many cases.  Our defense strategy will be tailored to the specific circumstances of your case.

Why You Need A Knowledgeable and Experienced Sex Crimes Defense Attorney

A thorough defense investigation, much like the one highlighted above, can significantly impact the outcome of your case in a variety of ways.  It is important to seek representation and start the investigation immediately!  If done soon enough we may be able to use our findings to convince the police investigator and prosecutor to not pursue criminal charges against you.  Even if you are charged, we can present the evidence in a persuasive manner to convince the prosecutor to dismiss the charges or offer a favorable plea agreement.  Finally, if you case goes to trial, defense’s investigative findings will be vital in persuading the jury to find you “Not Guilty.”

The Attorneys at Sieben & Cotter Can Help

Whether you are being investigated or have already been charged with any sex crime, you need to contact and knowledgeable and experienced attorney immediately.  The attorneys at Sieben & Cotter have decades of combined experience handling these types of cases with proven-favorable results.  Click the links to view our results (Thomas Sieben and Patrick Cotter).  We will put in the time necessary to prepare a strong defense that will protect your rights and put you in the best position to receive the most favorable result possible.

Call Sieben & Cotter at 651-455-1555 to arrange your free and comprehensive consultation, or send a request for more information.

Super Lawyers Tom Sieben MN
Minnesota State Bar Association Criminal Law Certified Specialist, Patrick Cotter
Super Lawyers 2015 Patrick Cotter