By Minneapolis Sex Crime Lawyer Thomas Gallagher. When charged with a Minnesota sex crime, it’s time for help from the best sex crime lawyer you can find.
Experience is a must. Thomas Gallagher represents clients accused of criminal sexual conduct, sexual assault, rape, underage and other sex crimes. He’s been successfully doing so since 1988, in Minnesota state and federal court.
These are serious cases, with serious consequences. They call for some serious legal resources. Call Gallagher now to begin solving the problem.
This page will cover some basic issues related to these cases, with links to more in-depth pages.
First is the problem of the innocent person falsely accused of a crime they did not commit.
Next is the problem of those who are guilty and what the best solution is for them.
After that, it’s helpful to understand categories of these crimes and types of criminal charges and defenses within these categories.
In addition, we’ll look at some defense issues and potential consequences of conviction. And we’ll consider what to look for in the best sex crime lawyer.
The Wrongfully Accused
False allegations of sex crimes against innocent people is a serious problem. It’s been a horrific problem for since the dawn of history. And it remains a problem to this day.
A person may wrongly accuse another for many reasons . If you’re innocent, you know that you are. Can you know why another person makes a false accusation?
You may not understand why someone is accusing you of something you did not do.
You may speculation about it irresistible. But you may never really know.
How then can you prove your innocence in court? Fortunately, you don’t need to. The law puts the burden of proving guilt with real evidence upon the prosecutor.
The best sex crime attorney won’t allow the prosecutor to shift the burden of proof. We can’t let them ask you to prove why the accusations are false. Who can prove a negative? If they can’t come up with real evidence of guilt, there’s a reason for that. That reason? You’re not-guilty!
Experienced Sex crime lawyers can help analyze the facts to understand the why. We can find the tells that will show the lie.
Sex crimes defendants run the continuum from the most culpable to the least. But if the court adjudicates someone guilty of one of these crimes, the court will need to determine a just sentence. After a guilty plea or a jury trial verdict, the court will schedule a sentencing hearing.
The sentence should be fair for the offender, any identifiable victims, and for the community.
For cases where the Minnesota Sentencing Guidelines call for a presumptive sentence of prison commitment, it is important to understand the lower recidivism rates for people who enter and successfully complete tough sex offender treatment programs, compared to those who simply do the time in prison and then get out.
A Minnesota sex offender treatment program accepting a defendant can be the key. It can convince the court that probation is a better alternative. A good sex crime lawyer can help the defendant guide his client into a treatment program and get probation instead of prison.
Categories of Sex Crimes
There are three types of Minnesota sex crimes, with examples:
- Penetration. Criminal Sexual Conduct in the First and Third Degrees.
- Touch. Criminal Sexual Conduct in the Second and Fourth Degrees.
- Non-touch. Indecent Exposure, Child Porn, Revenge Porn.
Pre-charge counsel can help prevent charges from ever being filed in court, or mitigate the damage should they be filed.
Police will generally want to talk to the target of the accusation.
You should not talk to police at all, without first consulting a lawyer experienced in sex crimes defense. You should avoid doing many things. A few things can help the situation. You should thoroughly review these with your paid legal counsel.
You should hire a lawyer early. But if you haven’t yet, the best sex crime attorney should be retained immediately after charges are filed.
Consequences of Conviction
Most, though not all Minnesota sex crimes are felonies. The consequences of felonies, gross misdemeanors and misdemeanors are discussed on other pages of this website, as are so-called collateral consequences.
Predatory Offender Registration
Almost all Minnesota sex crime charges will trigger “predatory offender registration.” Some non-sex crimes will, also.
Overly broad: If a person is charged with a crime listed in the statute requiring predatory offender registration, and is not convicted of that charge, but is later convicted of “another offense arising out of the same set of circumstances,” then they are required to register as a predatory offender under the statute. Minnesota Statutes Section 243.166, subd. 1b.
Consider an example: Someone falsely accuses you of a sex crime requiring registration if convicted. The court dismisses that charge; but convicts of you of another offense that would not trigger registration, like misdemeanor assault — cause fear. You frightened someone, but did nothing sexual, nothing predatory. Do you have to register? Yes.
Clearly, this law is unjust and unfair. So fair the courts have upheld it as constitutional.
In order to avoid registration, you’ll want the best sex crime attorney you can find.
Question? You can call Minneapolis Sex Crime Attorney Thomas Gallagher at (612) 333-1500