The People’s Lawyer

Man released from prison after appealing sex offense conviction

On Behalf of | May 17, 2021 | Criminal Defense

In West Virginia, there are few criminal allegations that are viewed in a worse light than sex offenses. These can cause a seemingly limitless number of problems in a person’s life from incarceration to fines to the need to register as a sex offender and disfavor in the community. It can prevent people from getting certain jobs and moving on with their lives even after they have completed their sentence. Forging a strong defense is a fundamental part of dealing with sex crimes. Even after there was a conviction, there may be options to appeal the case. One recent situation resulted in a man who was convicted being set free.

Prosecutor error results in sexual offense conviction set aside

The evidence is a key part of any criminal case and if it can be called into question in any way, that might be an effective way to fight the charges. A 41-year-old man who had been convicted of sex crimes was released from prison when a judge determined that the prosecutor had made errors when instructing the grand jury.

The case was subsequently dismissed with prejudice. This means that the state must conduct a review before attempting to try the man again for the same charges. In addition, he is not required to register as a sex offender. The initial charges related to sexual abuse, sexual assault and sexual abuse by a custodian. The case was tried in 2017 and he was convicted with a sentence of 28 to 70 years. He had served 3.5. The man continues to proclaim his innocence.

Various avenues of defense can be effective for sex crimes

No matter the circumstances, people who are accused of sex offenses must remember the gravity of what they are facing. Not only is it critical to look at the evidence and the situation to craft a viable defense strategy, but the tactics of law enforcement and the prosecutor must be scrutinized. With the case itself, there could be a misunderstanding, false accusations or other issues involved.

Comprehensive assistance can be crucial for sex offenses

As this case shows, there may be options to deal with sex offenses and achieve a positive outcome. When forging a defense, the accused has rights including having a speedy trial, an impartial jury, the right to present witnesses and to ensure that the prosecution adheres to the law. Whether the case is just starting or there was a conviction and it is being appealed, having representation is imperative. Consulting with professionals experienced in criminal defense and sex crimes can be vital to achieving a positive outcome.