Experienced District Court, Superior Court and Administrative legal defense against sex crimes.
Those accused of sex offenses in Massachusetts face extremely harsh penalties as well as the pronounced social stigma that often unfairly influences the decision-making of judges, juries and prosecutors. There is no other area of law where the constitutional rights of individuals are more likely to be violated. A conviction for a sex crime often leads to long periods of incarceration, invasive GPS monitoring, and life-long registration and internet publication requirements administered by the Sex Offender Registration Board (SORB). Sex Offenses are unique in that once they have served their time they still subject to an administrative process that severely curtails their freedom and liberty. This distinguishes sex offenses from every other type of conviction…including murder. This system of registration is based on a pseudoscience that attempts to predict risk and recidivism rates for convicted offenders.
The most common types of sex offenses include Indecent Assault and Battery, Indecent Assault and Battery on a Child Under 14, Open and Gross Lewdness, Rape, Aggravated Rape, Rape of a Child with Force, Assault with Intent to Rape, and Possession of Child Pornography.
The evidence presented by the government in sex cases is usually testimonial. In fact, it is possible for a charge to issue based on nothing more than the statements of an alleged victim to police. Alleged victims of sexual abuse are often subject to suggestive questioning by law enforcement or SANE interviews prior to the issuance of the charge. It is critically important in cases that rely on victim testimony to hire an attorney with experience in trial advocacy and cross-examination. In some cases, the state will seek to introduce medical evidence obtained through testing or treatment records. More and more, law enforcement looks to technology for evidence in the form of pictures, emails, texts and geolocation. There are, however, strict privacy laws that the police must follow when accessing your digital content. An experienced trial attorney will look to suppress evidence in the pretrial stage based on host of constitutional safeguards including the Miranda standard, due process, and the protections against unreasonable search and seizure.
Attorney Winn understands exactly how sex crimes are prosecuted because he worked for the Sex Unit as an Assistant District Attorney for years. Now Attorney Winn defends charges relating to sex offenses routinely in the trial courts with great insight and success. He is CPCS certified to practice administrative law at hearings in front of SORB. Attorney Winn is an expert when it comes to fighting these cases in litigation and in helping clients navigate the civil registration process.
In a recent case, Attorney Winn represented a defendant accused of kissing a minor against her will. Working closely with the court clinician, the district attorney and the probation department, Attorney Winn was able to convince the court to dismiss the charge.
For a free assessment of your case, please leave a message with a brief description of your issue here, or call (857) 415-2415.
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