Common Trial Mistakes To Avoid When Facing Indecent Liberties Charges

Facing charges of Indecent Liberties with a Minor is perhaps one of the most terrifying and life altering experiences one can possibly endure.  Any allegations of sexual misconduct are personally devastating – but allegations of sexual offenses involving minors are horrific.  Not only do sex offenses involving minors carry severe legal penalties – the accusation alone devastate your personal and professional reputation, long before you have ever had the opportunity to answer to these charges in Court.  In my over 26 years of practice, I have tried well over 30 Off-Grid Jessica’s Law charges to Jury Verdict.  I have seen first hand how essential thorough and meticulous trial preparation is to a successful outcome at trial.  When I tell my clients how I think jurors may react to certain statements or evidence in their case – or when I tell my clients how a particular expert witness may advance their defense, I am speaking from a position of first-hand experience.

If you are still consulting with attorneys or if you are having second thoughts about your current lawyer’s advice and strategic decisions in your case, understanding these common missteps can help you better navigate the legal process and achieve with the results you deserve.

Understanding The Impact Of Credibility

In any criminal trial, but especially in indecent liberties cases, credibility can make or break your defense.  I have said many times that if the Defendant does not testify in a ‘he said / she said case’ it is simple a ‘SHE said / SHE said’ case.  Regardless of the Court’s admonition to the jury that a Defendant has the Constitutional Right to remain silent and not testify, Jurors always want to hear the Defendant’s side of the story.  In cases where the Defendant cannot testify, the Defense must identify and highlight inconsistencies in witness testimony to establish solid and reasonable doubt about the accusation.  If you fail to present a trustworthy, consistent narrative, it can significantly impact the outcome.

An experienced indecent liberties lawyer knows how to build credibility from the very first interaction you have with law enforcement through to the final arguments at trial. This includes thoroughly preparing you, identifying any inconsistencies in witness testimony, and ensuring all facts align with the available evidence.

Ineffective Cross-Examination

Cross-examination is one of the most powerful tools an indecent liberties defense attorney has to challenge the prosecution’s case. Yet, unfortunately, many defendants suffer from poorly prepared, half-hearted or overly aggressive cross-examinations that alienate jurors or fail to expose the weaknesses in the prosecution’s case.  The goal here isn’t to intimidate or humiliate the accuser but to highlight contradictions, question their motives, and expose unreliable testimony.

Neither a Law Degree nor a passing score on a State Bar Exam bestows magical skills at cross-examination.  Successful Cross-Examination is the result of knowing the witness testimony better than the witness and preparing word for word surgical cross-examination questions to highlight inconsistencies in the witness testimony.

Not Retaining A Skilled Attorney

Indecent liberties cases are especially complex and emotionally charged.  Moreover, successful defense requires command of highly specialized areas such as Forensic Interviewing of child complainants, Sexual Assault Examination Evidence and Genetic / DNA Evidence.  Lawyers do not master this material by signing Diversion Contracts in Municipal Court or entering plea agreements on misdemeanor offenses.  Not all Criminal Defense Attorneys are the same.  Hiring a general criminal defense lawyer may seem cost-effective, but successful defense of sex offenses demands much more nuanced preparation than most general criminal defense attorneys are able to deliver.

An attorney who focuses on indecent liberties defense will have the tools, resources, and experience to navigate evidentiary issues, suppress prejudicial material, and dismantle the prosecution’s assumptions. At my practice, I focus specifically on these types of cases, allowing me to craft far more effective defenses for my clients that account for the unique dynamics of the allegations made in each individual case.

Allowing Emotion To Overrule Strategy

Defendants in indecent liberties cases often feel anger, shame, or fear when facing these charges. As understandable as this is, allowing these emotional reactions to cloud your mindset and dominate the approach to your case will likely prove disastrous. Defensive outbursts, visible frustration, or attempts to set the record straight without sound insight and guidance can completely undermine your defense.

Your attorney serves not only as your advocate but also as a buffer between your emotions and the courtroom. We do everything in our power to help our clients remain composed, focused, responsive, and never reactive.

Overlooking The Importance Of Pretrial Motions

Most legal battles are won or lost long before the just is even seated. Pretrial motions to suppress evidence, exclude certain witnesses, or dismiss unsupported charges are essential. Yet, many less experienced attorneys miss key opportunities to limit the scope of the prosecution’s case or protect their clients from inadmissible prejudicial information at trial.

We thoroughly review every element of our clients’ cases, ensuring all procedural and constitutional protections are fully exercised. In some instances, we’ve been able to get charges reduced or even dismissed based on pretrial findings alone.

Failing To Prepare For Effective Jury Selection

Jurors bring their own biases, assumptions, and emotional responses into the courtroom. One of the most important and oftentimes overlooked aspects of trial preparation is understanding how the jury might perceive a defendant, the charges made against them, and the evidence.  Jury Selection is one of the most important and often overlooked aspects of trial preparation.  The finest cross-examination and closing arguments will fall on deaf ears if a lawyer has failed to effective exercise peremptory challenges and challenges for cause during Voir Dire.

Being charged with an indecent liberties offense is a life-altering experience, but one of the biggest mistakes you can make as a defendant is to assume that you are helpless when up against the legal system. With the right indecent liberties defense attorney, you can effectively fight back and win. If you or someone you care about is facing an indecent liberties charge, please call my office today for answers to your questions and more.