Mark B. Arthur: Attorney at Law

In Virginia, rape, sexual assault and indecent liberties are generally referred to as Sex Crimes.
This is an area of the law where false allegations, distortions and witness manipulation often affect the results of the case, especially with charges involving minors.  The charges brought against you will depend on the allegations made, as well as by the discretionary decisions of the prosecuting attorney.

The possible penalties for Criminal Sexual Assault, Rape or Child Molestation are severe.
Jail time for sexual assault crimes can last for decades, with some offenses carrying possible life sentences.  Penalties for convictions of a lesser sexual assault are also severe.  With few exceptions, anyone convicted of sex related crimes in Virginia will be registered and listed on Virginia Sex Offender Registry for life.  Some convicted sex offenders are now subject to Civil Commitment for life once their prison sentence is complete.  Registered sex offenders are now required to post their pictures on the internet and are therefore subject to considerable harassment.

The contents of your computer are also subject to search.
Consider carefully the material you allow on your computer or in your home.  In a large number of sex crime investigations, police are obtaining search warrants and seizing personal computers containing sexually explicit materials.  The computer is then sent to the FBI or the Virginia State Police crime lab to have the hard drive examined.  Much of what is available on the internet can form the basis of a criminal charge if it shows up on your computer.  Also, some courts will allow evidence of pornography on a home computer to be admitted even though the allegations have little to do with pornography.

The Winning Approach to Sex Crimes Defense

Sex crime cases are some of the most complicated trials.
This is because the trials very often involve 'fact testimony' from the victim as well as testimony from doctors and other supposed experts such as psychologists and sexual assault nurse examiners (SANE).  Some of this 'scientific' evidence is reliable and some of it is not.  Our defense team is both highly trained and extremely experienced in analyzing this type of evidence.  Leading up to and during any trial, aggressive cross-examinations and research are often able to uncover inconsistencies in the testimony of both 'expert' and victim witnesses.

Children alleging rape or sexual contact present additional issues.
Children are highly impressionable and can easily be led to report events that are not true.  Even worse, they can easily be led to believe they are telling the truth when the events they are reporting did not happen.  Exposing false allegations is an extremely important aspect of a viable defense to any sexual assault charge.

If You Have Been Charged With A Sex Crime

Let's begin with the understanding that the police are not your friends and they are not there to help you.  It is legal for the police to lie to you.  Promises made by the police are not enforceable. Miranda warnings may not help you, so if the police are investigating:

• Do not talk.  Be polite and courteous, but refuse to discuss the investigation with them.  You should plainly and repeatedly tell them that you do not want to discuss anything with them and that you want an attorney present.  Do not allow yourself to be tricked or coerced by the police.
• Police are trained to take advantage of your fears.  They will often suggest that only guilty people need an attorney, that if you don’t have anything to hide you should be willing to talk to them.  This is nonsense!  Remember that if someone is trying to put you in prison, it is not a good idea to help them.  A much better plan is to let us deal with the police or CPS (Child Protective Services) investigator.
• Never consent to anything without the advice of your attorney.  This includes giving the police permission to search, draw blood or discuss the case with you.
• Never resist arrest.  If a police officer is attempting to arrest you, be polite and cooperative. Inform the officer that you will go along peacefully.  It is also important to immediately inform the officer -or any officer who tries to question you- that you do not want to talk without an attorney.
• The only information you should provide without consulting an attorney is necessary biographical information; this includes your full legal name and address.  If the police want to fingerprint or photograph you, cooperate fully.
• Inform the officers that you wish to make a telephone call.  Get an attorney quickly.  If you call family or friends, have them contact an attorney.  You can reach us at 1-434-846-7111.
• Do not discuss your case with anyone other than your attorney.  Jail house snitches have ruined numerous cases.

• Post bond as quickly as possible.  If you are advised of your right to have an attorney, your response should be, "I plan to hire my own counsel”.  At the advisement, do not try to talk to the judge about your case.
• Do not waive any of your rights for your preliminary examination or ‘prelim’.  In a felony case, a district court 'prelim' is required before the case can be moved to circuit court.  This hearing is the first chance to make significant progress on your case and should not be waived without consulting a skilled attorney.  Once this chance for a preliminary examination is waived, it is gone forever.

• Finally, meet with your attorney as soon as possible.  When you meet with me, be completely honest with your version of events.  Tell me about any past criminal record or witnesses that might help or hurt your case.  Remember that you are the most important part of your defense team.