Results achieved in prior matters are not meant to be a guarantee of success as the facts and legal circumstances vary from matter to matter.
Offenses related to alleged sexual misconduct, especially when those offenses involve minors, including child pornography offenses, are among the most serious types of offenses prosecuted in our state and federal courts. Being investigated or charged with this type of offense carries with it not only the exposure to significant prison sentences and registration obligations as a sex offender, but news of an investigation or a charge can immediately result in a significant adverse social stigma, with individuals assumed to be guilty before they have a chance to have their case heard in court.
We are very sensitive to these types of cases and the incredible impact they have upon all involved. As former prosecutors, the team’s attorneys know how to assess the strength of the evidence in the case and to give sound advice and guidance to anyone facing this type of investigation or criminal charge. The accused must consider not only the prospect of potential imprisonment, but also lifelong implications that may follow, affecting their own family relationships, their employment opportunities, and even their living arrangements.
Our team’s attorneys also know which cases may be appropriate for a diversionary program and how to best make a presentation for consideration for a diversion. When necessary, we also employ the services of private investigators to help us prepare a defense for our clients, and call upon forensic computer experts to assist us in evaluating electronic evidence, and to gather and assemble available social media evidence that may assist in the defense. We also may recommend suitable counseling services to clients who may be troubled, and to arrange for forensic psychiatric and psychological evaluations where appropriate to demonstrate that a client is not a danger to others.
Certain sex offenses based upon the age of the victim are considered strict liability offenses, meaning that misconceptions about the age of the victim may not constitute a defense even when the belief is reasonably held or based upon an affirmative misstatement by the alleged victim. The government deploys very sophisticated computer techniques to investigate child pornography offenses, including employing what many members of the public would understand to be a computer virus to infect the computers of individuals who may, even unwittingly, access websites containing illegal images. It is important for anyone facing investigation or prosecution for any of these types of offenses to have experienced counsel at their side to guide them through the criminal justice system.
Please contact us to discuss your particular case.
Darren M. Gelber
Chair, Criminal Law Team
Shareholder
732.855.6006
John E. Hogan
Assistant General Counsel
Shareholder
732.855.6470