Howard County Sex Crime Investigations

The very first step in the investigation of a sex crime offense in Howard County will be an interview of the person making the allegations by law enforcement, investigators, and even medical personnel. Whenever it is applicable, they will do certain testing to preserve DNA or the trauma that the person may have suffered.

Unlike marks on a vehicle, which can still be clearly visible weeks later, the marks on a body heal. Authorities will, therefore, make sure to gather all photographic evidence available, make reports, and catalog everything they find in order to properly preserve all the evidence.

If the alleging party goes to the police, the police will call medical personnel and other individuals specifically trained for this type of situation to interview the person. They interview all witnesses and try to interview the defendant as well.

In terms of collecting the evidence from the various different reports, the agency most often involved in these investigations is a subsection of the Felony Division in the District Attorney’s Office.

Timing of Investigations

Howard County sex crime investigations typically take place prior to arrests. This is especially true when there has been a delay between the alleged incident and the reporting date.

Once a person is charged, the doors close when it comes to communication between the defendant and the prosecution. If they are trying to build a case and the individual has not been charged, they can glean more information from the defendant who mistakenly agrees to speak to police without an attorney present, and says things that are later used against them in court.

After the Arrest

Once a person is arrested, they will be processed, questioned briefly by a Commissioner regarding their basic work and their history, nothing about the case itself. The Commissioner will then decide whether to release the person or hold them on bond. If they can bond out, they are released. If not, they will go for a bail review the next business day or they will go before an actual judge for consideration on when they should be released.

It is at the very first Commissioner meeting when the individual who has been arrested has the opportunity to have counsel present. An attorney can represent the individual at the bail review process and help procure their release. If that does not work, then the attorney can be at the bail review hearing in front of a judge and help get them released at that time.

The three most important things to keep in mind throughout the arrest process are:

  • Do not speak to police or investigators. They are trying to build evidence against you and are not there to help you.
  • Hire an attorney as soon as possible
  • Do not talk with anybody about the incident, as their testimony may be used in trial later on

Level of Offense

Only a Fourth Degree Sex Offense is a misdemeanor. In every other case, an offense of this nature is charged as a felony. When it comes to the court hearing, typically, these types of cases will go to a jury trial. However, in cases where someone suggests it and both parties agree, they can be heard instead before a judge.

In terms of rigorousness of the prosecution, expect the prosecution to pursue the maximum sentence. In addition, judges tend to judge these cases harshly. They want to make sure that plaintiffs are protected and that defendants are punished properly for the alleged offense.

Constitutional Issues During Investigations

There are a number of constitutional issues that may arise during the arrest process and the gathering of evidence. The main ones that arise have to do with whether the individual defendant gave a statement, was interviewed, made a confession or statement, and if so, were they done while the individual was in custody, being interrogated, and not properly Mirandized. If so, the defense attorney will move to have those statements excluded.

How an Attorney Can Help

Because of the intensity of Howard County sex crime investigations, as well as the subsequent trial, it is important to have an experienced lawyer by your side. Such an attorney will be well equipped to guide and advise you as you navigate the often intimidating and overwhelming process.