Being Investigated for Criminal Sexual Conduct? Here's 5 Tips to Avoid Jail

Criminal Sexual Conduct (CSC) charges are nothing to fool around with. The simple fact of the matter is that many people in Michigan have physically harmed others, stolen from others, used or sold drugs, and committed other crimes, sometimes repeatedly, and never see a single day behind bars. But Michigan Criminal Sexual Conduct charges are different - if you are convicted of a Sex Crime in Michigan, Jail time and hard Prison time are an unfortunate reality.

RELATED: click to learn about the Michigan Degrees of CSC and multiple variables.

As a Metro Detroit Criminal Sexual Conduct and Sex Crimes Defense Attorney, Brian J. Prain defends those accused of these serious charges. Most people accused of CSC learn that they are being investigated well before they are formally charged, usually because of a call from a Detective investigating the case. From the very moment you learn you are being investigated for any type of sexual assault, every little decision you make, including what to say and do, what not to say and do, and where to turn for help could mean the difference between freedom and Prison.

If you have reason to believe you are being investigated for Criminal Sexual Conduct, following these 5 tips could save your good name, your future, and your life:

  • Don't discuss the matter with ANYONE. We often hear, "Don't speak to the Police. It can only hurt you, and can never help you." That is generally true and you should definitely not call the Police or even return a Detective or Officer's call. But let's extend this even further in a Criminal Sexual Conduct matter - don't talk to anyone. Don't say a word about the allegations to your wife, your husband, your parents, your kids, your friends, your boss - anyone. Keep your mouth completely shut. Any person besides a trained CSC Defense Attorney that you choose to speak to can be called as a witness in Court and forced (even against their will) to testify to things you supposedly said. The risk here is that even when you are innocent, words can be misconstrued and twisted. Most people sitting in Prison for CSC are there because of their own words. Do not take a Polygraph without speaking to a CSC Lawyer. Do not go to the Police Station for any reason. Do not let Police in your home, or allow them to search your car, your home, your phone, your body, take DNA evidence - anything, without a Warrant. Even when you are innocent, this is absolutely essential to your defense. Click here for a more detailed answer to the question "Should I talk to Police if I'm accused of CSC?"
  • Don't fall into the trap of a "pretext" call or text message conversation. This is a relatively new trick in the Police trick bag, and here's how it works: you get a call or text message from the phone number of the person accusing you of a Sex Crime, asking you to "apologize" for "what you did" or asking something about "why you did that to me." Feeling guilted and confused, you reply like a normal, concerned person. But unbeknownst to you, it's actually the Detective either directing the interaction or sending the actual messages themselves. In-fact, this could occur even before you're formally made aware that you're being investigated. Do not respond to anything like this. Hang-up the phone. Don't engage in any messaging. These conversations are never straightforward, and anything you say will be twisted into something sinister.
  • Learn this simple phrase "Respectfully, Officer/Detective/Sir/Ma'am, I'm going to decline to make any statements or answer any questions without an attorney present." If this phrase is hard to remember, just remember the three key words: questions; statements; attorney. You should train yourself that this is the only phrase that you are ever allowed to say to anyone in law enforcement when it's possible you're being accused of Criminal Sexual Conduct in the event you get stuck speaking to them and aren't able to ignore them completely. No matter what they say or threaten you with, just calmly and respectfully repeated that sentence.
  • Start recording everything. Go buy a small Olympus or similar brand pocket digital recorder and as long as you're not in a place where others have a right to expect privacy, record anyone who says anything about the CSC allegations against you. It's not the truth that matters in Court, it's the portion of the truth that can be proven. If your accuser or their family post nasty things on social media, PRINT it before the Detective tells them to take it down and it is lost forever. These things can be so critical to your defense that they could save your life.
  • Start a conversation with a knowledgeable Sex Crimes Defense Attorney. You can read articles online all day, but the quickest way from point A to point B is simply to pick-up the phone and make the call. That way, you'll begin to get specific advice for your exact situation.

At PrainLaw, PLLC, we have a special program specifically tailored for offering legal advice and taking action for those who are being investigated for Criminal Sexual Conduct, but have not been formally charged with anything. Our goal is of course to avoid you ever being charged with CSC in the first place, and we have been very successful in preventing our clients from being charged.

Although no lawyer can ever have absolute control over the government's decision to charge or not, if you are charged, we credit 100% of the cost of this pre-charge representation toward the cost of in-Court representation if you are charged. This way, you simply can't lose. We believe it is the best program of its type to protect your rights and reduce your exposure. You get expert advice at your fingertips every step of the way, and where communication with law enforcement may be necessary, we communicate on your behalf so you're never at risk.

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