Virginia Sex Crimes Arrest Process
Among the most serious category of crimes, sex crimes can carry hefty fines and multiple years of incarceration, requiring a strong defense to help lessen any penalties. If an individual is uninformed, they may make incriminating statements to police that could harm the conditions of their sentence. In these situations, it is important to be sure you have an experienced
For these reasons, any put in these situations should consult with an experienced Virginia sex crimes lawyer immediately. An attorney can help minimalize any penalties associated with your charge, and help keep you informed throughout the legal process.
Arrest and Bail Procedures
When an individual is first arrested for a sex crime in Virginia, they are immediately served with an arrest warrant. Then, they are taken before a magistrate for an initial determination as to whether they will be admitted bail, which details whether they will be released during the pendency of the case. Posting bond is often a condition of bail.
Many sex crimes are included on the list of crimes where there is a legal presumption that the accused individual should not be admitted to bail. In many cases, a person will be held without bail initially and will have to ask for a hearing where they request the court to allow them to go free during the pendency of the case. If bail is granted, a bond amount is usually set and must be posted before the person is set free. This is typical of the sex crimes arrest process in Virginia.
In cases where the person is allowed to go free, they are typically released after they have been processed. In many cases, at the time of arrest, there will be an effort by the police to interview the accused individual to see if they will acknowledge any wrongdoing, or give the police any incriminating evidence. In many cases, the arrest does not occur until the investigation is substantially complete. This is to limit the amount of questioning that happens after the arrest occurs.
Speaking to Authorities
It is extremely important to talk to a lawyer before talking to authorities. In many cases, the Commonwealth will have difficulties making out their case, or proving the charges, without incriminating statements that are made by the accused. Many people unwittingly incriminate themselves by providing information that they believe will benefit the police. These individuals assume that because they are helping the police cooperate, they will not be charged with anything. This is almost invariably untrue. Having very little knowledge about the Virginia sex crimes arrest process can lead an individual down a dangerous path.
In most cases, if the police have enough independent evidence to charge a person, they will bring forth the charges regardless of whether the person cooperates or not. The only effect that cooperating with the police has, is creating more incriminating evidence on the part of the accused individual. Talking to a lawyer will help the person navigate that process, and help them to understand why it is important not to talk to the authorities.
Contacting a Lawyer
In most cases, the accused individual can contact a lawyer as soon as they have been released from custody. In cases where the person has not been released, they can either attempt to communicate with a lawyer from jail or have friends or family reach out to an attorney on their behalf. Contacting an attorney is incredibly crucial, especially considering the complexity of a Virginia sex crimes arrest process.