Sex Crimes Defense Lawyers for Manassas, Fairfax, Woodbridge, Fauquier, Stafford, Fredericksburg and Stafford, Virginia

Because of the harsh penalties set by state law, being charged with rape other any other sex crime in Virginia is a very serious matter, requiring specialized and aggressive legal defense. The criminal defense lawyers at Livesay & Myers represent clients in Manassas, Fredericksburg, Woodbridge, Fairfax, Fauquier, Spotsylvania and Stafford, Virginia on sex crimes charges. Our representation of clients charged with sexual offenses covers all stages of the criminal process, and a large number of sex crimes.

Obtaining Bond

In Virginia, there is generally a presumption against bond for defendants charged with felony sex crimes including Indecent Liberties with a Minor, Aggravated Sexual Battery, Rape and Carnal Knowledge. So, to obtain bond for a defendant charged with such a crime, a defense lawyer must file and argue a bond motion before the court. At the bond motion hearing, the attorney must present evidence overcoming the presumption that the defendant is a flight or public safety risk. If a defendant charged with a felony sex crime wishes to obtain bond, legal representation is usually necessary, since the Commonwealth Attorney’s Office will likely oppose bond.

Preliminary Hearing

A criminal defendant who has been charged with a felony sex offense but not yet indicted by a Grand Jury has a statutory right to appear for a preliminary hearing prior to formal indictment of the charges. This hearing, used to determine whether there is sufficient cause to charge the defendant with the felony sex offense, requires representation from an aggressive defense attorney experienced and knowledgeable in sex crimes cases. Although the defendant does not enter a plea to the charges, there are a number of tactical decisions made at the preliminary hearing on felony sex crimes charges which may affect issues such as bond, a potential plea offer, or progression of the matter to the Circuit Court for a jury trial.

Discovery

Discovery generally refers to the process of finding out what evidence the government may have to use against the defendant. Discovery requests filed on behalf of a criminal defendant charged with a misdemeanor or felony sex offense are very difficult, since discovery is limited. In other words, Virginia procedural law prevents defense attorneys from requesting certain information from the prosecutors such as: 1) witness lists identifying who the Commonwealth will call as a witness against the defendant charged with a sex offense, 2) statements of the alleged victim made to law enforcement or to the prosecutors and 3) some medical reports related to the sexual contact between the alleged victim and the criminal defendant. As a result, a defendant charged with a misdemeanor or felony sex offense will need an attorney who is (a) familiar with the rules of discovery and (b) able to obtain information from other sources.

Use of Experts

Our criminal lawyers have reputable relationships with psychologists and private investigators throughout Virginia, valuable in the defense against sex crimes charges. Use of such experts is sometimes required in cases where the alleged victim is a child or the defense is not able to obtain needed information through the limited discovery process in Virginia.

Representation at Trial

For a defendant charged with a felony sex offense, trial will likely be by jury. Virginia prosecutors are permitted to request a jury even when the defendant requests the case be heard and decided by a Judge. With sex crimes, the prosecutors will likely request a jury. The jury will hear the evidence, determine guilt or innocence, and upon a finding of guilt, decide the punishment. Our Virginia criminal attorneys are experienced with representation of criminal defendants charged with sex crimes in jury or bench trials. They are knowledgeable in handling cases where the alleged victim is a minor, and in trial of internet sex crimes cases. 

Sentencing

Following conviction or acceptance of a plea offer from the prosecutors, a defendant found guilty of a sex crime will face a sentencing hearing. Our attorneys offer assistance at this stage as well. Aggressive representation will be necessary at sentencing, when the court will hear detailed information about the criminal defendant’s prior record, detailed information about the defendant’s social history and information about the crime itself. At this stage, an aggressive criminal defense lawyer can present mitigating evidence concerning the crime, and call witnesses such as the defendant’s family or relevant experts, for the Judge to hear prior to deciding the defendant’s punishment. If the defendant is tried and sentenced by a jury, the defense attorney can present this evidence to the jury.