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Pre-Filing of Sex Charges

Sex crimes, especially those involving minors, are prosecuted severely in the state of Florida. The dire consequences can include significant fines and jail time, as well as mandatory sex offender registration, which can have lifelong repercussions. In cases like this, every second counts, which is why the pre-filing stage is so important. If you’ve been arrested for a sex crime, or suspect you may be under investigation for one, don’t waste valuable time – contact Will Hanlon at Hanlon Law today to schedule a free consultation. 


What is the Pre-Filing of Sex Charges?


Pre-filing refers to every step in the criminal process up to the point of official charges being filed. Once the police have conducted their investigation and an arrest has been made, the case is handed off to the State or District Attorney’s office. From there, a State of District Attorney prosecutor will begin their own investigation. It’s during this investigation that an experienced defense attorney will have many opportunities to advocate on your behalf. 


For example, during this pre-filing state, the prosecution will need to define the crime. This means they have to decide what specifically you’re going to be charged with. Depending on the circumstances, your defense attorney may be able to convince the prosecution that they don’t have enough evidence to convict a more severe charge, and should therefore file a lesser one so they have a better chance of convicting. Sex crime cases largely rely on the testimony of the alleged victim, with little physical evidence. Any prosecutor will be well aware of the credibility of their case, and what charges are more likely to end in a sentencing versus a not-guilty verdict, and so may be swayed into a lesser charge – or in some cases, dropping the case altogether.


For example, say you are under investigation for lewd and lascivious behavior – a hefty accusation that can be charged as a first-, second-, or third-degree felony. That could mean up to 30 years of jail time and fines of up to $10,000 or more. But, if during the pre-filing stage, your lawyer can speak to the prosecutor, they might be able to talk them down to an unnatural and lascivious acts charge, which is only a second-degree misdemeanor.


The pre-filing state is also when your lawyer might recommend negotiating a plea deal, where you agree to plead guilty to a lesser crime with a lesser sentence to avoid being charged with and potentially convicted of a more severe crime with more severe consequences. It may also be possible to arrange an out-of-court settlement with the alleged victim, to avoid the court case entirely. 


Basically, there are a lot of points before any charges are filed that can be used in your favor, and it’s important to take advantage of every single one of them. 


Kissimmee Criminal Defense Lawyers 


Will Hanlon with Hanlon Law has nearly twenty years of experience in the courtroom fighting for defendants. With our aggressive approach, we’ll ensure we take advantage of every opportunity to advocate on your behalf. Don’t waste valuable time and squander chances to negotiate a better deal; contact Hanlon Law today to schedule a free consultation.

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