After the police investigate a crime, if there is probable cause to believe a person committed a sex offense, and if the prosecuting attorney feels confident enough to proceed with charges, the next step is an arrest. Unless the suspect is arrested on the spot during the commission of a crime or at some point during investigation, it is likely that a warrant will be issued, and police will have to locate the suspect in order to arrest him or her.
In order for an arrest to result, all that is needed from an investigation is probable cause to believe the suspect is guilty of Criminal Sexual Conduct. This means that in the eyes of police and the prosecution, it must be more than 50% likely that you committed a crime. If probable cause is established, a suspect is arrested, however there are specific procedures that must be followed, and rights that a suspect has during the arrest process. If your rights are violated or if certain procedural errors are made during a Michigan sex crimes arrest, your CSC defense lawyer may be able to utilize that against the prosecution and have your charges reduced or dropped. Work with an attorney as early on in the investigative process as possible so that you know what to watch for during an arrest and how certain actions could help or hurt your case in the future.
When a person is arrested for a sex crime, police are required to read the suspect his or her Miranda rights, which serve to protect the suspect from self-incrimination. Your Miranda rights in a CSC case are as follows:
Your ability to understand these rights and utilize them all to your advantage right away could be the difference between a favorable result and a life-changing sentence. It is critical for anyone who is facing a Criminal Sexual Conduct arrest to never speak to police before contacting an attorney, because even if you think you may be able to explain your way out of a charge, police are only listening for what you say that they can use against you, and will completely disregard any statements that work in your favor. If you answer police questions or make statements without an attorney present, it is likely that the police will be able to twist what you say in order to use it against you later on, and it is better that you hold all comments before your lawyer is able provide you with guidance.
If you have already been read your rights and arrested, the next step in the criminal process is to be brought before a magistrate for arraignment. During an arraignment, the charges you face will be read to you, and the opportunity to enter a plea will be provided. The right to an attorney must be reiterated during this stage, and a suspect is also supposed to be made aware of the right to a jury trial and to pretrial examination. Bail is also set during this time, and preliminary examination usually begins within two weeks following the date of the arraignment.
It is crucial to have an attorney on your side throughout a Criminal Sexual Conduct arrest and arraignment, so that you are properly prepared to fight back in later stages of your case. If you make statements that can be used against you, if you overlook violations of your rights, or if you enter the wrong plea, you could miss out on the best potential result. As with any serious criminal case, Michigan CSC cases need to be handled by experienced attorneys who have helped clients beat charges like yours in the past. For over a decade, Grabel & Associates has worked to assist clients statewide in achieving outstanding case results, and from investigation to potential trial, our team will stand with you in your fight for justice, providing you with comprehensive and effective defense every step of the way.
To speak with an attorney about CSC charges or arrest procedures and how it could affect your case, call 1-800-342-7896 or contact an attorney online now. Our team is available 24/7 to begin answering any questions you may have about the criminal justice process.