Indiana Criminal Defenses For Underage Sex Crimes
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You most likely never expect to be charged with a sex offense, but when it happens, you and your family will have to put on a brave face. Despite the fear and anxiety, you will have to do your best to bear the shame and handle the whole situation you are in with dignity. Almost always, sex offenses in Indiana result in major penalties, the criminal convictions bring with them l-o-o-o-n-g prison sentences, significant fines, and other collateral consequences – namely lifetime parole, GPS monitoring, and sex offender probation stipulations that drastically reduce your rights to contact minors.
What Are Some Consequences of a Criminal Record?
Whether you feel like the punishment will likely be a slap on the wrist (because you’re such a law-abiding citizen), the truth is that a sex conviction carries with it a permanent criminal record – something that will affect you the rest of your life.
IFA wants to remind those Indiana citizens facing underage sex crime charges to don’t buy into the defense lawyer advertisements that promise great results for under $20,000.00. They almost never, never deliver for the average criminal defendant facing an underage sex charge or charges. In reality, there is very little any defense lawyer can do to pull off a courtroom victory for their clients in these circumstances. This is especially true if the defendant is facing multiple charges, multiple victims, or multiple felony enhancements. It is near to impossible to get an acquittal for a defendant confronting only one (1) child victim, and extremely unlikely that a defendant will walk if there are two (2) or more victims being confronted. In addition, Indiana trial rules will allow other adults (or children) to testify to other “bad acts” evidence to taint the defendant’s character and testimony during a trial. Bad acts evidence that the judge will allow can be uncharged criminal conduct. For example, maybe there is an adult that alleges that he or she was molested by the defendant decades ago. She can’t press charges because the statute of limitations has expired. So, instead, she testifies for the prosecution to bolster the victim’s allegations. Fair or unfair, this testimony will be allowed.
A sexual history criminal record can affect:
- Applying to college or graduate school
- Seeking a professional license, such as becoming a doctor or lawyer
- Receiving federal financial aid
- Applying for jobs
- Getting a commercial driver’s license
- Seeking a promotion
- Applying for an immigration visa, green card, or citizenship
- Applying for safe and affordable rental housing
- Becoming a foster parent
- Child custody and visitation
- Other Collateral Consequences
Whether you are convicted of a misdemeanor or a felony, you will have to deal with more than the statutory penalties. In addition to jail time and a fine, you may have to follow the rules of probation. Being on probation restricts your rights and your movements.
There are numerous conditions the trial courts can impose on a sex offender on probation in Indiana, including any of the following (although IFA writes “can impose” we write this only because hope floats. But reality is a far different thing. 999 times out of a 1000, the trial court judge will stick it to the sex offender on probation and your defense attorney will not bother to argue for or against any stipulation):
- attending, participating in, and successfully completing sex offender treatment according to Indiana Code
- avoiding contact with any person under the age of 18 (in some criminal cases) or 16 (most all cases involving a child)
- paying for any treatment or counseling Ordered by the trial court
- taking periodic polygraph testing at your own expense (usually twice a year, but can be four or more times per year)
- interstate and intrastate travel restrictions and work restrictions
Click here to view a copy of Porter County, Indiana Standard Adult Probation Stipulations that every probationer in Porter County is required to follow. Click here to view an actual copy of the INDIANA SPECIAL PROBATION CONDITIONS
FOR ADULT SEX OFFENDERS in Indiana.
Remember, a felony sex offense conviction brings with it other consequences, too. The sex offender is not allowed to vote during time spent in prison. he or she can’t hold certain federal jobs after prison, probation, or parole. He or she will also lose the right to possess firearms.
A sex offense charge comes with far too many statutory and collateral penalties to be handled in this short post. IFA recommends that the defendant, or his or her family or a friend, contact us as soon as possible before, during, or after arrest. We can’t give out legal advice, but we can provide necessary legal information to guide the decision-making process and ensuring that the defendant gets truthful information to make a truly informed decision.
Who Will Be An Aggressive Defender Against Your Charges?
No lawyer in Indiana, that is being honest; no lawyer will ever fight to protect the rights and freedoms of anyone accused of an underage sex crime. Indiana lawyers do not believe that a criminal defendant accused of a sex crime deserves the strongest defense possible under the law. While the defendant may think he or she deserves strong, ethical, and fair legal representation, that is not what lawyers are willing to deliver. Lawyers know how the criminal justice system works and everyone of them, from the court clerk to the judge, will violate any rights the defendant has if it means getting a conviction – society doesn’t care, the legal system doesn’t care, and it’s our guess that until today – the defendant didn’t care what happened to the accused in the courtroom. As an aside, lawyers routinely take thousands and thousands of dollars from defendants who have begged, borrowed, and scavenged for the money, knowing there is at present no magic wand or attorney talent that can help a defendant in this kind of legal situation.
Expunging Your Record
Indiana law allows for certain records to be expunged. This is generally thought of as sealing your records. If an arrest or a conviction is expunged, you don’t have to claim it on applications or tell future employers about it. But in reality, sex offenders do not ever get an expungement. No amount of money or legal effort will convince the Indiana Legislature or the Governor to change this position. The political repercussions would be catastrophic.
Key Topics Related to Indiana Criminal Defense Cases
At IFA, we offer relevant information related to criminal charges for underage sex offenses in the state of Indiana. We also provide probation and parole information, too. Don’t see the information you are looking for? Let us know. Our email link is in the contacts section.
Throughout this experience we will maintain consistent communication with the family of the accused. You’ll never feel like you’re in the dark or worried because you aren’t sure what comes next.
This website is intended for informational purposes only. Use of this website does not create an attorney-client relationship.