What Defendants and Families Should Expect During Sexual Assault Prosecution in Phoenix

Are you facing sexual assault allegations or are you the family member of someone being prosecuted for sex crimes in Phoenix? The criminal justice process can be overwhelming, especially if you feel powerless to help a family member facing prosecution.

Although family members are limited in what they can do in these situations, there may be opportunities for you to have a positive impact on the situation. It’s important to be there for your friend or family member during this difficult time – they need your support.

Investigation

Sexual assault investigations typically begin after the alleged perpetrator has been accused. Law enforcement investigators will interview the accused and witnesses and gather physical evidence. The accused may be detained or requested to appear for questioning.

Families should be aware that any statements made during the investigation will likely be used against the defendant.

Arrest

Law enforcement should only arrest people accused of sexual assault if there’s sufficient evidence to bring charges. Families can help by seeking out an experienced and qualified criminal defense attorney; preferably a lawyer who has handled many similar cases in the past.

If you or a loved one has been arrested following a sex crime investigation, it’s imperative to remember that people accused of these crimes have a right to remain silent and refuse to divulge potentially incriminating information.

Utilizing Fifth Amendment protections is not an admission of guilt. Avoiding speaking with law enforcement without a criminal defense lawyer present is always recommended.

Charging

Prosecutors will review all evidence to determine if it makes sense to bring charges. The strength of evidence and the prosecutor’s faith in their ability to succeed at trial are major factors in their decision-making.

The reputation of defense lawyers may also play a role in charging decisions. A prosecutor with weak evidence up against a board-certified and reputable defense lawyer might think twice about which charges they bring.

Arraignment

After charges have been brought and the suspect has been arrested or surrendered themselves, the defendant will be arraigned. This is when a defendant stands before a judge and enters a plea of guilty, not guilty or no contest. The input of a sex crime defense attorney can be invaluable at this stage, as your plea may be vital to the overall strategy of your defense.

Pre-Trial Motions and Hearings

Cases can be made or broken during pre-trial motions and hearings. During this step, a sexual assault defense lawyer has an opportunity to challenge evidence and potentially even prevent it from being used in trial with motions to suppress.

Sexual assault defense strategies often hinge on the suppression of evidence that might be damning if it were presented to the jury, making having skilled and competent representation especially helpful during these hearings. 

Depending on how pre-trial motions proceed, a criminal defense attorney may uncover openings to negotiate advantageous plea deals, including deals that might lead to a reduction in charges or lighter sentencing. The exclusion of some types of evidence can potentially compromise the prosecution’s case, leading to dismissal before the trial even begins.

Although trials are important, there are many sexual assault cases where a pre-trial motion drastically alters the course of events, up to and including charges being dropped.

Trial

In broad terms, trials consist of opening statements from both the prosecutor and defense attorneys, witness testimonies, cross-examination of witnesses and closing arguments. A criminal defense attorney’s fundamental role in the process is challenging and disputing the prosecution’s evidence. These challenges can take many forms, from introducing alternative interpretations to challenging the validity or narrative of evidence or testimony.

Family members of the accused may play a pivotal role in sex crime trials. They may be called on to be character witnesses, corroborate alibis or provide important context for defense attorneys. They can also provide moral support to defendants who are often facing an extraordinarily difficult and harrowing experience, especially when their entire future is in jeopardy.

Verdict

After the trial has concluded, the judge will give the jury instructions and the jury will deliberate. Alternatively, if it was a bench trial, the judge will come to their own decision in the context of relevant statutes and the admissible evidence presented at trial. An acquittal at this stage means the court or jury found the person charged with a sex crime not guilty and the entire process is over. If they are found guilty, the case will move forward to sentencing.

Sentencing

The sentencing phase only occurs if the defendant is found to be guilty on one or more charges. The judge is the primary decision-maker in this process, as the jury’s role is complete once they’ve issued a verdict. The exception is capital cases where the death penalty is a potential outcome.

During the sentencing hearing, the prosecution and defense present additional evidence and arguments pertaining to the type of sentence that should be imposed. Character testimonials, mitigating circumstances or aggravating factors and a defendant’s prior criminal record are all facts that might influence a judge’s sentencing decisions.

Families can also play a role in sentencing by seeking leniency in a number of ways. They can write character letters and provide personal insights to humanize the defendant in the eyes of the judge.

They can demonstrate that they are actively involved in or arranging rehabilitation efforts for their loved one, like substance abuse counseling, and testify to their efforts to hold the defendant accountable. They may even be able to assist with arranging restitution to the victim and help demonstrate the defendant’s remorse.

Appeals

Those convicted of sex crimes in Arizona do have the right to appeal if any errors occurred in the trial that may have affected either the trial’s outcome or sentencing. A defense attorney’s attention to detail, experience in past cases, familiarity with state precedent and ability to analyze every step of a trial can be especially important during the appeals phase.

Sexual Assault Cases Are Hard on Families in Phoenix, But Help Is Available

Sexual assault cases can be extraordinarily difficult for defendants – but they also take a serious toll on families. As a family member of someone charged with a sex crime in Phoenix, there may be things you can do to help your loved one through this difficult time and potentially even have a positive impact on the outcome of their case.

Board-certified criminal defense attorney Michael Alarid has defended many Phoenix residents in sex crime cases. He knows how challenging these situations can be for defendants and their families and is committed to providing aggressive representation and compassionate support. Schedule a free consultation today by calling (602) 818-3110.