5 Critical Errors of an Inexperienced Sexual Assault Lawyer

An inexperienced sexual assault lawyer can ruin your defense, regardless of how much evidence or witnesses you have on your side. Because there are so many grey areas in these cases, hearsay, and other uncertainties, it is vital that your attorney choose his arguments carefully and knows what areas of weakness to attack in the prosecution's statements.

1. Plea Bargain Scare

Sometimes prosecutors will try to frighten the defense into accepting a plea bargain by trumping up charges and allegations as much as possible. A case of harassment can suddenly be called attempted rape even if there are no grounds for it. Defendants may then get spooked and think that it's a better deal to enter a plea of guilty, even if they are innocent. A good sexual assault lawyer will see right through this ploy and instruct his client accordingly so no rash decisions are made.

2. Poor Cross Examination Skills

A sexual assault lawyer depends on the statements from witnesses to construct a strong argument in favor of his defendant. The goal of cross examination is to get the person to respond in the way you anticipate, which is why a good attorney will almost always know how a person will answer their questions. If they are asking questions that are too broad or vague, they are going to miss the mark and lose credibility.

3. Not Examining DNA

If DNA evidence plays a central role in the case, it is vital for a sexual assault lawyer to carefully review and have professional interpretation of everything that is to be presented in the trial. Too often a DNA analyst will present potentially ambiguous results in favor of the prosecution. DNA or fingerprints are not necessarily as damning as they may initially appear. In fact, few cases even with positive results end up with convictions. When choosing an attorney, make sure they have experience with such evidence and don't immediately suggest a plea bargain.

4. Not Questioning Credibility

During cross examination of expert witnesses such as medical doctors or psychologists, it is important for an attorney to determine the validity of their claims during their questioning. Sometimes the prosecution will call forward a professional who has not reviewed any medical records or even so much as interviewed the alleged victim. While these testimonies can sometimes stand in court, it is crucial that the judge and jury understand recognize the difference between a fact and an opinion. A sexual assault lawyer must be able to bring these differences to light during trial.

5. Fail to Suppress Evidence

Many times evidence was collected under suspicious circumstances, and any unlawful seizure or tainted DNA traces may be able to be squashed by filing for a motion to suppress. If granted, the defense is put into a much more strategic position and has a much better chance of winning the case. Inexperienced attorneys may not feel they are skilled enough to make this argument or might just simply not believe that it is a plausible option.