Your actions during police questioning or an arrest for sexual assault are essential to the outcome of your case. If you are accused of sexual assault in New Mexico, assert your Fifth Amendment right to remain silent and invoke your Sixth Amendment right to a criminal defense attorney. Otherwise, anything you say can and will be used against you in a court of law.
In This Post
In this post, I share five steps that you can take if you are accused of sexual assault in New Mexico. I will also show you how to get a free case strategy session with a lawyer when you need answers to your legal questions about the charges you are facing.
5 Steps to Take If You Are Accused of Sexual Assault in New Mexico
When accused of rape or other types of sexual assault, you must protect and understand your rights. Although our laws presume your innocence until proven guilty, it may not always seem that way when going through criminal justice proceedings. Regardless of the facts and circumstances, state and federal laws allow you to obtain legal representation to defend the matter.
Here are a few actions you can take to protect your case if you are accused of sexual assault in New Mexico:
- Remain silent: It is tempting to issue statements to law enforcement. While you may want to tell your side of the story, it is possible to make yourself look more guilty even when you are innocent. Do not make any police statements until you have spoken with your lawyer and received case-specific legal advice.
- No contact with witnesses and alleged victims: When an alleged victim accuses you of sexual assault, it is NEVER a good idea to try to contact witnesses or victims. Although your intention may be to “sort things out,” it is possible that you could be accused of witness or victim intimidation. Simply put, stay away from both of these parties until your attorney says otherwise.
- Decline voluntary tests or searches: Avoid submitting to voluntary tests or searches. Instead, ask the detective or police officer to show you a warrant signed by a judge. A warrant ensures that law enforcement is following the rules, and you are not providing them with evidence that could negatively impact the outcome of your case.
- Preserve evidence: If you have proof of your innocence, preserve it, and provide it to your attorney. We will help you present it to the police or courts in a way that is compliant with local rules and procedures. On the other hand, do not destroy evidence that makes you look “bad,” including social media posts and text messages. Destroying it may only make you look more guilty, and it is essential to avoid anything that can derail your case.
- Hire a lawyer early: One of the biggest mistakes people make after facing sexual assault charges is hiring a lawyer later rather than sooner. While every sexual assault case is unique, some matters can be resolved before an arrest ever happens. Our objective is to protect your rights and get your charges dismissed, dropped, or reduced as soon as possible. Further, hiring a lawyer will NOT make you look guilty whatsoever; it is your right.
If you or your family member were charged with sexual assault, law enforcement officers and prosecutors have already decided that you are guilty, and they will treat you as such. Do not give them any more ammunition in court. Always keep in mind that your innocence is not enough until the case is over.
Biggest Takeaway: Hire a Sex Assault Lawyer ASAP
Give yourself every fighting chance to beat your case by working with a sexual assault defense attorney early on in your case to prevent violations against your rights. While the steps outlined in this article will help, a lawyer’s experience and knowledge will ensure that someone is dedicated to clearing your name.
How You Can Get Legal Help If You Are Accused of Sexual Assault in New Mexico
Grano Law Offices, P.C. knows how clients feel when they are accused of sexual assault. It is scary and upsetting, and rightfully so; the penalties on the line are steep. A sexual assault conviction can result in prison time, hefty fines, and more. There are statutes of limitations that apply to accusations which means you may not be facing legitimate charges.
You Are Innocent Until Proven Guilty
Your charges are defensible, and you should not have to receive a conviction for a crime that prosecutors cannot prove. My legal team offers prospective clients a free case strategy session to learn more about their options moving forward at no cost or obligation.
Schedule a Free Case Strategy Session with Grano Law Offices, P.C. Now
Call (505) 426-8711 or message us using the form below to schedule your Free Case Strategy Session now. If you prefer, my office also offers video and teleconferencing to make the process as seamless and convenient as possible for you and your family.
