Innocent Until Proven Guilty
The justice system in place in the United States is based on Innocent Until Proven Guilty. Even if a suspect is caught red-handed, a court and jury must determine beyond a reasonable doubt whether they have committed the crime or not and then face conviction. After conviction, fines and sentencing are determined to match the severity of the case. Therefore, many people who face criminal charges hire a private criminal defense attorney. A professional with experience fighting cases with similar charges can help navigate the entire process. There are many steps, lots of paperwork, and dates to attend court. Having someone experienced keeping track of all the details ensures that nothing is missed on the defender’s side.
A Student Arrest Made on Campus
Recently, a high school student was arrested on campus for allegedly drugging and raping a girl in eighth grade at a party over spring break. The drug he is accused of using is Rohypnol, which is not manufactured in the United States and is illegal. With a few others, this drug is referenced as one of the "date rape” drugs. However, these drugs are not only used on dates! These dangerous drugs (and deadly to some) may be given to someone unknowingly by anyone who intends to perform sexual acts on the victim without consent.
As families and students chimed in on what happened, what was striking was to hear the many opinions and how many had already decided what happened and who was at fault. With so many unknown details, people began to fill in anything they didn't know with their own information. However, this is why we have our justice system weigh all evidence and make a fair judgment. The imperfection of our justice system has played out in cases with high media coverage and in our own communities. Americans have seen innocent people wrongly sentenced, and people we think are guilty walk away. In cases that go before the court, the burden of proof falls on the prosecution to show the suspect is guilty of the crimes in which he or she is charged beyond a reasonable doubt.
Case Complexity Requires A Criminal Defense Lawyer
In this specific case or any case where a person faces criminal charges, only an excellent criminal defense lawyer will know how to interpret the law and apply it to the case most favorably for the suspect. Due to the suspect's age and the victim also being a minor, the law must be interpreted due to the age of the suspect. There are federal laws that make using the date rape drug punishable, and rape is a devastatingly severe crime that can result in up to 20 years in prison. If an adult rapes a minor, the sentencing is more severe, but the court must consider these details when both are underage. Another thing the court must decide is if the minor is found guilty, will he be mandated to file as a sex offender upon becoming an adult. As is evident, cases become complex quickly because every circumstance is unique. Only a reputable and experienced lawyer can handle these types of cases with professionalism and work to get the best results for the defendant.
Finding A Local Criminal Defense Attorney
Finding local legal representation is critical when there are charges against you or someone you love. It is not often that all the evidence is immediately available and is exactly what it seems. Hiring someone with experience fighting the charges being faced means knowledge of the courts, the judges, decision-making history, and the court system's inner workings. In San Diego, Joni Eisenstein has helped clients facing criminal charges for more than 25 years. Joni seeks to get the truth and help represent her clients as well as possible. Never quitting and always looking for more evidence and information to support her client's cases, Joni prides herself on the quality of representation she can offer to San Diego County.
Protecting Our Youth
The specific arrest mentioned is not an isolated case. Many teenagers are engaging in illegal activities. The ease of access and use of alcohol, nicotine, and drugs immediately deteriorate the brain cells and inhibit decision-making. I hear more often than I would like to admit that tweens and teens engage in sexual activity. Interacting sexually through social media is another area where criminal defense attorneys find clients need legal representation. The popular trend of sending a nude photo to others can result in criminal charges depending on the details. Due to the newness of this trend and the ease of sharing anything publicly sent electronically, defense lawyers are finding the best ways to protect their clients if they have been charged with using social media or electronic devices to attract and solicit sex, especially involving minors.
If you are on the fence about hiring a defense attorney, stop thinking about it, and do it now
Hiring a criminal defense attorney like Joni Eisenstein can help you go from a place of uncertainty to freedom.