A person charged with committing sexual assault should expect to prepare for a trial. In order to effectively do so, the Defendant must obtain and analyze all evidence of the case. However, this could prove difficult to do so without the help of an Attorney.
An experienced Attorney could help you collect any and all evidence that could support your defense, review testimony from witnesses, and provide guidance throughout the trial. For more information regarding preparing for a sexual assault case in West Palm Beach, be sure to schedule a consultation today.
Determining Whether to Testify in Court
During the preparation of the facts and circumstances of the case, the Defendant must determine whether they should testify at trial, what they would say if they testified at trial, and what the potential downfalls, pitfalls, or problems that could arise from their testimony. An Attorney familiar with handling sexual assault cases could properly prepare someone to testify in court and determine what key points they should touch on during their testimony.
What is Considered Admissible Evidence?
In West Palm Beach, admissible evidence in a sexual assault trial would be any evidence that would tend to show that the person accused is either guilty or not guilty. This evidence must be relevant evidence to the charge so long as it is properly gathered, properly preserved, and properly testified.
Evidence that would be considered inadmissible includes criminal records. Even if the person had done this type of action before and it was in the same type of manner, that prior act may be used in evidence against the current act or future act.
Character evidence would also be considered inadmissible in a Court of law. For example, information regarding the character of the alleged victim would not be admissible. Consent is always an issue in a sexual assault trial, so Attorneys could explore the avenue of consent. However, they may not bring forward reputation evidence of an alleged victim to show that the alleged victim acted in conformity of that.
What is the Burden of Proof?
In West Palm Beach, the burden of proof in any criminal case is always going to be on the Prosecution. This means that, in order for the Prosecution to obtain a guilty verdict or conviction on any charge, they would have to prove that the Defendant committed the offense beyond a reasonable doubt. If a decision is made to take the case to trial, it is the Attorney’s job to try and cast doubt on the jury deciding the case so they come back with a verdict of “not guilty” in order to argue that the charge has not been proven beyond a reasonable doubt.
Timeline of a Sexual Assault Case
For sexual assault offenses charged as felonies, the Government has roughly six months to bring someone to trial. However, in most cases, sexual assault cases are known to last a long time since they are prone to being delayed. The timeline would depend upon the amount of issues that take place in the trial, whether or not the accused is in jail awaiting a trial, and what the posture of the case is with regards to the alleged victim. It would be a minimum of six months or it could be up to three years for various issues with witnesses and evidence.
Speak with a Legal Advocate Today
When trying to prepare for a sexual assault case in West Palm Beach, it is highly advantageous to retain the services of an Attorney. An Attorney could help you with investigating the case, speaking with witnesses, and examining prior statements. To learn more, be sure to schedule a consultation today.