How To Protect Your Rights If You’re Accused Of Sexual Assault In Macomb County, MI

In this article, you can discover…

• How to prevent self-incrimination after an accusation of sexual assault.
• The amount of access you’ll have to the evidence against you before trial.
• When to ideally hire an attorney after an accusation of sexual assault.

How Can I Prevent Self-Incrimination After Being Accused Of Sexual Assault?

Well, two very important steps you should take in order to do that. It is crucial to keep your mouth shut, and you hire an attorney to speak on your behalf as soon as possible.

There are two very important steps you should take to prevent self-incrimination, the first of which is to guard yourself and talk to nobody. Anything you say can be used against you, which goes hand in hand with step two, which is to hire an attorney to speak for you. These two important steps work very well in conjunction with each other, as prosecutors can admit any out-of-court statements you make to anyone (including friends and family) to be used as evidence against you in your case.

Essentially, anything you say regarding your case to anyone is admissible to be used against you in a trial, unless you possess privilege with who you say it to. The most obvious and import privilege in this instance is the attorney/client privilege. Anything you tell your attorney relating to accusations or investigations is protected under attorney-client privilege, meaning that your attorney cannot reveal this information. However, it is important to remember that friends, family members, and peers are not subject to your privilege, and can be compelled (as in forced) to repeat any details you’ve shared with them.

As a result of the risk of third parties revealing your information, hiring an attorney is critical to mitigate any worries about saying too much. Nothing your attorney says is admissible to use against you, meaning that whatever information your lawyer conveys to the court on your behalf will not be used as evidence in your case.

What Rights Do I Have If Law Enforcement Wants To Search My Property?

When law enforcement wishes to search your property in Michigan, your rights are very simple. First, you are within your rights to demand that law enforcement present a search warrant signed by either a judge or magistrate. There are very few exceptions to this rule, the most important of which being in cases where you say to the police, “I have nothing to hide; search my car.” In this case, you are consenting to a search without a warrant.

Consent to a search is interpreted broadly by the courts, meaning that once consent is given, law enforcement is entitled to a pretty wide range of search parameters unless specific restrictions have been given. When you consent to a search, you are generally allowing law enforcement to search just about any property you own connected with the consent. In other words, unless you specifically tell law enforcement that they can search your home but not your laptop, car, etc., they will be entitled to search any property they find during the investigation. However, the only impact you can have on these factors is to either provide or refuse consent. The best move you can make is to hire an attorney who can speak for you and fight to enforce your rights for a search warrant.

The authorities in question will also have the right to search your property under the exigent circumstances exception if they believe evidence could be destroyed.

With these considerations in mind, it is important to remember that you do not have the right to deny law enforcement access to your home if they have a valid warrant or are placing you under arrest. If you resist arrest or prevent law enforcement from conducting a lawful search, these are separate crimes that further complicate your situation. Your best bet in this scenario is to comply and cooperate with the authorities while they conduct their search.

Attorney Mark Satawa is a seasoned lawyer based in Macomb County, MI who has helped countless clients just like you navigate the intricacies of managing sexual assault accusations. With over 30 years of experience, he is prepared to assist you in building your defense so that you can win back your peace of mind.

Still have questions? Ready to get started? Contact Satawa Law today to schedule an initial consultation.

Will I Be Able To Access The Evidence Against Me Before Trial?

The simple answer is yes. A criminal case is a lawsuit, and lawsuits have what are called discovery obligations, meaning that both sides in the lawsuit have the right to access certain information from the opposing party. However, strangely you are entitled to far more discovery rights in civil cases than you have in a criminal case.

In civil cases, you have multiple discovery options, such as depositions, requests for production of documents, written interrogatories, requests for admission, and subpoenas as a part of discovery. In contrast, in a criminal case, the defendant is entitled to three basic things. First, you will be entitled to any exculpatory evidence that the police are aware of, often referred to as Brady material under the U.S. Supreme Court case of the same name. This means that anything that has a probability of exculpating or reducing your guilt must legally be turned over by the prosecutor.

Second, you are entitled to what the court rule on discovery specifically gives a criminal defendant in Michigan, MCR 6.201. This includes any police reports, witness statements, audio and video recordings, exhibits, witness lists, and expert reports.

Lastly, you are able conduct your own investigation, and access information uncovered by yourself, your attorney, or a private investigator as part of the discovery process. This is why hiring an attorney early on is important to ensure that you can work together with an experienced professional to uncover information that will help defend your case.

Can I Hire An Attorney Too Early / Too Late After Being Accused Of Sexual Assault?

While it can never be too early, you can definitely hire a lawyer too late. The rule of thumb is generally to hire an attorney immediately after you are accused of sexual assault. This way, your lawyer will be able to do several key things on your behalf, including:

1. Making sure that you remain silent. It is important that you do not speak about your accusations to anyone in order to avoid incriminating yourself.
2. Helping you establish a timeline for your case. Whether your case is an isolated incident or accusations spanning months or years, creating a timeline of events is crucial.
3. Catalogue a list of witnesses immediately, to ensure that both you and your witnesses have a fresh, recent memory of events.
4. Acquiring and saving any and all documents to support your defense, including text messages, emails, photographs, social media posts, voicemails, and any related information. The list of potential exhibits and supporting documentation is literally endless.
5. If need be, meeting with a potential expert(s) to support your defense. Potential experts are limitless, and include medical professional, a forensic psychologist to conduct sex offender risk assessments, and a polygraph examiner.

What Are The First Steps Someone Should Take If They’re Falsely Accused Of Sexual Assault?

The first step is to not say a word and hire an attorney to assist you through developing a timeline, a narrative, and building your case. Working with a lawyer will also alleviate your worries about not being able to talk to anyone, as you will be protected under privilege while discussing your case with your attorney. You will also be able to establish a timeline of events and gather evidence with the guidance of a legal professional.

One example of why it is important to hire an attorney is what’s called a “controlled telephone call.” This is a phone call with the alleged victim (if you are accused of assaulting an adult) or the victim’s legal guardian (if you are accused of assaulting a child). These calls are set up and recorded by the police in the hopes of getting you to reveal information, and admission, or even a confession that can either be taken out of context or used directly against you.

Without legal guidance, it can be easy to incriminate yourself, so it is crucial to work with a qualified attorney as soon as you learn of your accusations.

What Investigative Methods Have You Found Most Effective In Challenging False Or Exaggerated Claims?

I view my client as my most important source of information, and the best place to start in defending a false or exaggerated claim of sexual assault. The client is my best, if not my only, eyewitness to the events surrounding their accusations. The very important reason for this is that, as a client, you were present for the events in question and know exactly what did and did not happen. As one of the involved parties, you will play an integral role in the investigation with your account of events, list of witnesses, and participation in questioning.

As a client, it is also your responsibility to do a full, thorough review of the discovery from the prosecution and the police. By completing this homework, you put me, as your lawyer, in the best position to defend you in your case with pertinent, relevant information.

This may involve the assistance of private investigators and experts who can gather accurate information on injuries, witness accounts, and more to plead your case. It is crucial to be sure that you have explored every possible avenue and gathered as much information as possible to be best prepared for your defense.

Still Have Questions? Ready To Get Started?

For more information on Understanding Your Rights After A Sexual Assault Allegation, an initial consultation with Satawa Law could be your next best step. Get the information and legal answers you are seeking by calling (248) 509-0056 today.