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FAQs About Sex Crimes In New Jersey

Q: What Happens When Someone Is Arrested For Anything Falling Underneath Sex Crimes? What Should They Do And What Is Expected To Happen?

A: The first and the most important thing is to just shut your mouth. The police have and the federal authorities will likely have some evidence, the computer phone records, texting, emails, or maybe DNA that they are going to use to build a case. Don’t help them build a case. If they have enough evidence to arrest you, they are going to arrest you. If they are talking to you, that usually means they don’t have enough to arrest you and if they are still trying to get that information and fill in the gap in their case of proofs, you may unwillingly and oftentimes do give them that information and close off some defenses.

The best thing you can say is, “I want to speak to a lawyer” and invoke your right. They are going to read you your right against self-incrimination and to remain silent and it is really, really recommended that people use that right and it’s not always so easy. Attorney James Abate has had clients where the police are yelling at them, “Why are you making it so tough?” and then he’s had cases where the police are very soft about it. They tell them, “You have the right to remain silent but,” “Hey, do you want to talk to us?” and that’s an approach which really gets the most results as when they are nice to people and they make it like it’s, “Hey, this isn’t such a big deal but if you just tell us, tell us what happened, tell us your version and maybe we can help you out.” That’s never the case. And it is better to rather risk the police not having your side of the story than having your side of the story. Keep quiet. Get a lawyer as soon as possible.

Q: Are Most Of These Types Of Crimes Bondable Offenses?

A: In the state of New Jersey, everyone is entitled to bail, to a reasonable bail. What that reasonable bail is, it is going to vary. You may have a bail of $10,000 with a 10% option, so you put down a $1,000 or you may have a $100,000 bail with no 10% option. You have to go out to a bail bondsman and you have to give him $10,000 as his fee and he is going to keep that at the end of the case in exchange for a loan in lieu of the money to pay your bail and to have a bond. So, yes, everyone can get bail but not everyone has the money for a bail.

Q: How Public Is The Arrest And The Prosecution? Can An Employer Find About It Automatically Or Can The Story Be Contained?

A: It depends on what your work is but one of the things that happen nowadays is every police department has its own Facebook page or Twitter account or publishes to the local police blotter and the local newspaper and once that gets to the internet, it’s too late. You can win your case and everything but when someone goes to look up your name, say that you’re arrested for some offense (which we dare not speak its name) and that accusation in itself can be enough. That’s why it’s important to get an attorney as soon as possible and try to short-circuit even the possibility of an accusation being made against you.

Q: What Mistakes Do People Make During An Investigation, During An Arrest, Or Post-Arrest That Will Hurt Their Case?

A: These mistakes are not always the same thing. Some of the common mistakes people make is opening their mouth, opening their mouth and consenting to police searches. You have a right to remain silent, use it, and you have a right to refuse a search without a warrant or the police into your home without a warrant or them search anything without a warrant. People think that if they talk, if they try to be cooperative, it’s going to help them out. No. In many cases, being cooperative is what sinks you and it is advised that people rather be uncooperative than cooperative.

Q: Are Most Of These Cases Between People Who Know Each Other Or More Commonly Between Strangers?

A: It depends on which of these offenses you are talking about and these days, even when something is committed among people who know each other, they are strangers in reality. Taking an example, which might sound odd, the law office of James Abate had a client who had a proclivity towards young girls. He was not old himself, he was in the twenties but he had a proclivity towards young girls, a proclivity just to talk to them, he didn’t actually do any meet ups, so it wasn’t like a show on Channel 4 where they show up and the anchor is waiting there for them. He would contact girls, he would start off with a website called plenty of fish or other dating websites, look for young girls and then he would try to get them to move the conversation over to a platform called ‘Kik,’ which no adult knows what that is but all the kids do… it’s a text messaging forum.

So, there were several girls that he got to know very well, so they were no longer strangers but what he didn’t know was that they were FBI agents who are online monitoring these conversations. In such cases, the person can have the direct assault crime such as aggravated sexual assault, sexual assault, rape, date rape, something like that, child molestation, it’s usually going to happen. It can happen either between people who know each other or it can also happen between people who don’t know each other and then again, those are usually going to happen between people who know each other or have not met one another. The computer crimes, typically not. Typically, the actors have never met before or only recently met. When we look at prostitution crimes, it’s a completely different story.

If you have more questions about sex crimes in New Jersey, call the Law Offices of James A. Abate for a free initial consultation at 908-643-7005 and get the information and legal answers you’re seeking.

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