Facing allegations of sexual assault is an extremely serious matter. Sexual assault allegations can harm your reputation regardless of their veracity, and if they lead to criminal charges, they can result in substantial fines, prison time, and other life-altering consequences. As a result, hiring an experienced New Jersey sexual assault lawyer is essential, and you will need to work closely with your lawyer throughout the case process.
7 Steps in the Sexual Assault Case Process
You will also need to understand what to expect at each stage of the sexual assault case process. Knowing what to expect will allow you to prepare—and this will be essential for protecting yourself by all means available. With this in mind, here is a brief overview of the major steps that are typically involved:
1. Investigation of the Sexual Assault Allegations
Once someone accuses you of sexual assault, the police will conduct an investigation. The purpose of this investigation is to assess the validity of the accusations and determine if there is probable cause to believe that you have committed a crime. If the police determine that there is probable cause to make an arrest on sexual assault charges, they will ask a judge to issue an arrest warrant. If the judge issues an arrest warrant, the police can execute the warrant and take you into custody.
Due to the nature of sexual assault charges, investigations in these cases often move pretty quickly. As a result, if you are under investigation for sexual assault (or if you are concerned that you might be at risk of facing an investigation), it is important that you contact an experienced New Jersey sexual assault lawyer right away. Depending on the circumstances, your lawyer may be able to represent you during the investigation, help protect your legal rights, and make sure you do not face any unwarranted consequences.
2. Entry of a Sexual Assault Protective Order
In cases involving sexual assault allegations, victims can seek a protective order in court. This is a civil matter that is not directly related to your criminal case. This means that the court can issue a sexual assault protective order without a conviction—and, here too, the process will often move quickly in the interests of protecting those who claim to be victims.
If you have a sexual assault protective order entered against you, you will need to strictly comply with all of the terms in the order. If you don’t, violating the order could lead to an additional criminal charge. Even if you aren’t guilty of sexual assault, violating a protective order is a stand-alone offense that carries both fines and jail time.
3. Pre-Trial Procedures
In your criminal sexual assault case, the process will continue to move quickly after your arrest. At this stage, you will need to go through several pre-trial procedures, each of which involves its own list of steps (and presents its own risks and opportunities). Some of the main pre-trial procedures are:
- First Appearance
- Grand Jury Indictment
- Pre-Arraignment Conference
- Arraignment
- Pre-Trial Motions
If you haven’t already hired a New Jersey sexual assault lawyer, it will be critical to hire a lawyer at this stage. There are several costly mistakes you need to avoid, and you will need to be proactive about protecting yourself and preserving your defenses so that you can fight for a “Not guilty” verdict at trial. Additionally, in some circumstances, it will be possible to get sexual assault charges dismissed prior to trial—and this also requires experienced legal representation.
4. Plea Bargain Negotiations (if Warranted)
In some—but by no means all—cases, the best option will be to seek a plea bargain. If you are likely to face a conviction at trial, then it may be in your best interests to have your lawyer focus on negotiating a plea bargain that minimizes the consequences of your sexual assault arrest. Your lawyer will be able to help you decide whether to seek a plea bargain at the appropriate time. If an offer is on the table, your lawyer will assist you in determining whether to accept it.
5. Your Sexual Assault Trial in Criminal Court
If you can’t get your case dismissed before trial and accepting a plea bargain isn’t the best option in your case, you will need to fight your sexual assault allegations in criminal court. Your lawyer will represent you in the courtroom, and your lawyer will rely on his or her experience to protect you by all legal means available.
6. Sentencing
If it isn’t possible to avoid a conviction under the circumstances of your case, after your trial, your case will proceed to sentencing. All types of sexual assault charges carry fines and jail (or prison) time, and sexual assault convictions can potentially lead to mandatory sex offender registration and other penalties as well.
7. Appeals
Even if you get convicted and sentenced at trial, this isn’t necessarily the end of your sexual assault case. You may be able to appeal your sexual assault conviction and sentence on various grounds. Seeking post-conviction relief could be an option as well—and, here too, your New Jersey sexual assault lawyer can help you decide how best to proceed under the circumstances at hand.
Again, this is just a brief overview of the major steps that are typically involved in a sexual assault case in New Jersey. Every case is unique, and protecting yourself will require a focus on the specific circumstances of your case. To get the help you need from an experienced New Jersey sexual assault lawyer, contact Helmer, Conley & Kasselman, P.A. today.
Discuss Your Case with a New Jersey Sexual Assault Lawyer at Helmer, Conley & Kasselman, P.A.
Our lawyers handle all types of sexual assault cases throughout New Jersey, and we can provide the representation you need to protect yourself by all means available. To discuss your case with an experienced New Jersey sexual assault lawyer in confidence as soon as possible, call us at 877-435-6371 or send us your contact information online now.
