Some of the most difficult cases to prove and to defend in criminal law are sex crimes. The reason is that often crimes such as rape or sexual assault turn on whether the alleged victim gave consent to the sexual act or acts in question, or whether what is alleged to have transpired took place at all.
We handle these matters with care. Our team will usually involve an experienced investigator who is there to find evidence that supports our clients.
Oftentimes, the accuser is someone who has credibility issues — such as a history of making things up, or has an ulterior motive that taints her credibility.
Part of our job as your attorneys is to find that information and use it to protect your rights.
Understanding Of DNA Evidence
A major topic in sex crimes is the use of DNA evidence. A positive DNA match may be helpful for the state, but it is not necessarily the end of the world.
There are motions that can be made to suppress the evidence due to deficiencies in the handling of the DNA sample or in the method of testing that can corrupt or compromise the evidence.
As far as exonerating someone who is falsely accused, DNA testing that shows the DNA does not belong to the accused is generally a near-guarantee that at least the sex crime charged will be dismissed, and the falsely accused will be exonerated.
Thomas Maronick Jr, Esq., attended one semester at the Benjamin N. Cardozo School of Law in New York City, where Innocence Project founder Barry Scheck is a faculty member. While Mr. Maronick did not study with Professor Scheck specifically, he is a firm adherent in his methods and DNA testing to exonerate the falsely accused, and will pursue any avenue in DNA testing to help get charges dismissed on behalf of our clients.
Mitigating The Results Of Statutory Rape Charges
While this crime is a crime simply by the commission of it, not whether someone had an intent to have sexual relations with a minor, there are ways to mitigate the terrible results that a conviction can bring, including being placed — in many cases for life — on a sex offender registry which can affect housing and employment status.
Having an experienced attorney in your corner can assist in charges being reduced or dropped in many cases, depending on a large number of factors.
Also, young accusers often do not tell the truth, and sometimes tell stories because they are mad at a parent, relative or friend, and psychologists and other experts can and will be called on your behalf depending on the facts of the case, to show this.
If the evidence involves little physical evidence and mostly the accusation of the alleged victim, then this is where the credibility of the accuser becomes of critical importance.
Defenses To Sexual Assault And Rape Charges
In one memorable case, attorney Tom Maronick Jr won a bench (judge) trial in which a Baltimore City business owner was accused of sexually assaulting a customer to his store. The businessman owned many gas stations and was concerned about his entire livelihood and freedom being affected by the charge.
Attorney Maronick called a number of witnesses who testified that the assault did not happen, and in a case in which the judge found the accuser to be credible, he still found "not guilty" for the businessman because of the evidence that was presented on defense.
We take on difficult cases because you deserve it as our client. We will put together the best defense we can for you.
In rape cases, consent is a huge determinant. If consent occurred, then no rape has occurred. Also there are degrees of a sex offense, and often there is not enough evidence to prove the specific degree.
Whether you choose to have a case tried by a jury or by a judge, we will fight for you using all the tools at our disposal, including:
- Experts — psychologists, former police detectives, forensic analysts, DNA experts
- Investigators — often former police investigators who have retired from the force and have come to work to assist our case to uncover the truth
- Fact and reputation witnesses — We will call any witnesses who can tell about a person's history of lying or about the history of a relationship, or about critical facts that show you were not at the scene of an alleged incident
Now, a judge has the final say as to what evidence can be presented at trial, but both on trial defense and on motions, we will fight for you.
Some of the factors that the state considers in how to charge you are whether or not force or violence was used in the alleged sex offense, the age of the alleged victim, the relationship of the alleged victim to the accused, and the specifics of how, where and when the incident took place, including whether either party was under the influence of drugs or alcohol.
We will get all the facts and fight the case with the best tools we have available to get you the best result we can attain for you.
Defending You Regarding Child Pornography Allegations
This is the "look but don't touch" offense. We have been able to achieve, in past cases, results allowing our clients to return to work and put the case behind them even under difficult facts.
Child pornography involves the possessing of illegal material, but in some cases, if our clients did not actively take any steps to get the material, but just opened an email from an unknown sender, we can move to have the state or government dismiss the charges or significantly reduce them.
In these cases, following a specific plan of action that we provide you — from classes to take, evaluations to have performed and several other steps can help significantly in the resolution of a case with very strong results. We always have your best interest in mind and are looking for the best result we believe we can attain for you. We always will keep you informed and take steps with you in close consultation of what we are doing on your behalf so we can provide the best help to you.
Contact Us Today
If you have been charged with a sex crime, do not hesitate to call us regarding your circumstances. For assistance, call 410-244-5068.