In a recent interview, leading criminal attorney Saul Bienenfeld, founding partner at Bienenfeld Law in New York, NY, revealed his best defense strategies for sex crime cases. —
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When asked to comment, Bienenfeld said, “A sex crime charge can wreak havoc on your life as it could lead to prison time and societal stigma. Hiring a criminal defense team with powerful resources and knowledge of defense strategies is the best chance of getting charges dropped."
Although a person's instinct might tell them to speak with police and other officials when they're innocent, Bienenfeld was very clear that speaking to the authorities will work against them.
Instead, allowing lawyers to speak to law enforcement officers on someone's behalf is crucial in his opinion.
“More often than not, anything you say to law enforcement will be taken out of context and used against you," he said.
Taking a polygraph test can also help strengthen a sex crime case - if administered by the right person.
When asked about this, Bienenfeld said, “Polygraph tests are rarely used to determine whether or not you’re telling the truth. Instead, they are mainly used by law enforcement to get an incriminating statement or to support an arrest or a search warrant.”
An experienced defense attorney can retain an unbiased examiner to conduct a lie detector test.
“Favorable results from a lie detector test could persuade police to reconsider the direction of their investigation, which could ultimately lead to the charges being dropped,” he commented.
Another important aspect of building a strong defense is finding mistakes law enforcement made in handling evidence.
“One of the best ways to call the other side’s case into question is disputing how different types of evidence were gathered, analyzed, or stored. For instance, if evidence was collected without a valid warrant, then we can move the Court to suppress the evidence, which could lead to the case’s ultimate dismissal,” Bienenfeld said.
“A defendant has the right to review all the evidence that has been brought against them, and to contest it. To be successful in this, you’ll need to hire an attorney who can launch an aggressive defense to help clear any charges brought against you,” he added.
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