Child Enticement: Being Charged With A Sex Crime Does Not Mean You Are Guilty
At Sheppard, White, Kachergus, DeMaggio, & Wilkison, P.A. Attorneys & Counselors at Law, we have successfully defended individuals against all sorts of sex offenses in Jacksonville, Florida, and beyond. If you have been charged with any sex offense, such as solicitation of a minor, molestation, rape, sexual assault or sexual battery, it does not mean you are guilty of a crime.
Solicitation Of A Minor
Solicitation of a minor (child enticement) is currently the crime du jour among prosecutors and police officers. It is the crime that prosecutors want to pursue and they are going to great lengths to do so: police officers are trained to reel in innocent people who otherwise would not have committed a crime.
Solicitation typically begins on Craigslist. A police officer, posing as a minor, exchanges emails and texts with the target. Later, the officer sends photos, typically of an adult woman. When the officer believes the target is hooked, the officer will ask, “I’m 13. Is that a problem?”
The problem with this is that the government cannot create a crime – the government cannot fool innocent people into breaking the law. This is entrapment.
In order to gain a conviction, the government must show that the individual was predisposed to commit a crime. These are fact-based, fact-sensitive cases, and the defendant’s own words can determine guilt or innocence.
Do Not Talk To The Police, Call A Lawyer
When you are the subject of a criminal investigation, especially a sex crime investigation, the police certainly are not your friends. They are trying to decide whether to charge you. They are not trying to get your side of the story. They are trying to gather evidence to put you in jail, whether you realize it or not.
If a police officer says he needs to talk to you in order to close the file on a case, do not talk. The officer indeed is trying to close the file. He or she wants you to confess that you have committed a crime, in order to close the file and walk it over to the prosecutor’s office to file charges.
If an officer calls you, it is critical to engage an attorney to make sure your rights are protected. The most damning testimony is the testimony that comes out of your own mouth because a defendant’s words are compelling to a jury.