Top Kauai, HI Sex Crime Lawyers Near You
Sex Crime Lawyers | Lihue Office | Serving Kauai, HI
4028 Rice Street, Suite B, Lihue, HI 96766
Kauai Sex Crime Information
Lead Counsel independently verifies Sex Crime attorneys in Kauai and checks their standing with Hawaii bar associations.Our Verification Process and Criteria
- Ample Experience Attorneys must meet stringent qualifications and prove they practice in the area of law they’re verified in.
- Good Standing Be in good standing with their bar associations and maintain a clean disciplinary record.
- Annual Review Submit to an annual review to retain their Lead Counsel Verified status.
- Client Commitment Pledge to follow the highest quality client service and ethical standards.
What Is a Sex Crime in Hawaii?Sex crimes include a wide variety of criminal offenses. Sex crimes include sexual conduct or a sexual act motivated by sexual arousal or sexual gratification. Sex crimes may also include unlawful sexual contact or sexual activity through force or without consent. Some victims of sex crimes cannot give consent because they are impaired or under the age of consent. Possession of illegal sexual material may also be considered a sex crime, including child pornography.
What Are Examples of Common Sex Crimes?There are many types of sex crimes, including rape, sexual assault, prostitution, solicitation of a minor, lewdness, indecent exposure, statutory rape, child molestation, sexual battery, and internet sex crimes. Sex crimes can be charged as federal offenses or as state crimes. Sex crimes involving children, child pornography, or sex trafficking are often prosecuted in federal court.
Is a Sex Crime a Misdemeanor or Felony?Some sex crimes are considered misdemeanors and others are felony offenses. Some sex crimes could be charged as a misdemeanor or a felony, depending on the type of offense. Sex crimes can also vary by degree (such as 1st-degree sexual assault or 2nd-degree sexual assault.) The penalties for a felony conviction are generally more severe than for a misdemeanor. Sex crime charges like public lewdness, indecent exposure, and solicitation of prostitution are often classified as misdemeanors. Misdemeanors generally have a maximum prison time of one year. More severe sex crime cases are generally tried by the district attorney as a felony. Sex crimes that are generally felony offenses include rape or aggravated sexual assault, distribution of child pornography, or child sexual abuse. Felony convictions often result in longer prison sentences and additional consequences after release.
What Are Penalties for a Sex Crime Conviction in Hawaii?The penalties for a sex crime conviction depend on several factors, including the type of crime, violence involved, age of the victim, relationship between the alleged victim and the alleged perpetrator, criminal history, and other factors. The penalties for a felony sex crime could include a term of years of jail time, including up to 10 years or more. Other consequences of a sex crime could include paying restitution, mandatory counseling, and registering as a sex offender.
Will I Have to Register as a Sex Offender in Hawaii?After serving the prison sentence, the person convicted may be designated as a sex offender. A sex offender has to register with law enforcement when they are released from prison, and re-register every year or if they decide to move. Failure to register as a sex offender can be a criminal offense. The sex offender registry is generally searchable by the public. Neighbors, employers, or family members could search the Hawaii sex offender registration, which may include the offender’s name, photograph, address, and sexual offenses.
What Should I Do After a Sex Crime Arrest?You have rights after you are arrested and accused of sex crime allegations. Many people who are arrested for a sex crime want to cooperate with the police to explain that it is all a misunderstanding. They may even try and contact the alleged victim to talk to them about the false accusations. However, this can be a bad idea and it can hurt your criminal defense case. If you are accused of a sex crime, make sure you understand your rights and talk to a sex crimes lawyer about handling the criminal charges. A sex crimes defense lawyer can help you with legal advice and defense strategies in your criminal case.
How Can You Avoid Jail for a Sex Crime?
The key to avoiding a jail or prison sentence if charged with a sex crime is to create a strong, resilient defense alongside your legal counsel. Several common defenses deployed in reaction to sex crimes include but are not limited to mistaken identity, lack of intent (may have inadvertently exposed oneself without meaning to) and entrapment or duress (corrupting the pool of evidence against you by providing evidence of your own to show any actions were not voluntary).
In some cases, a skilled or proficient criminal defense attorney may be able to negotiate with the prosecution in order to see your charges deferred or de-escalated. In exchange for a probation program, rehabilitation, community service or other diversions, you may be able to avoid incarceration.
What to Do When Faced With a Sex Crime Charge
You should not talk to investigators and immediately hire a lawyer who aggressively represents sex crime defendants. A lawyer can protect your constitutional rights, form your defense and challenge evidence against you. If you decide not to fight, your lawyer may be able to negotiate a plea bargain.
Do You Need a Lawyer if Charged With a Sex Crime?
Yes. If you are facing charges related to sex crimes, it should be your first order of business to acquire legal representation. An experienced criminal defense attorney familiar with sex crimes can call upon standing statutes, past precedent and existing case law in order to best represent your interests.
Together, you can strategize with your attorney, working to craft the best possible defense should you decide to take the case to trial. Otherwise, your attorney can negotiate on your behalf in search of an amenable plea bargain or plea deal.
Working without professional legal advice is a surefire way to reduce your odds of acquittal, or of a beneficial plea bargain. Given the gravity of sex crime charges, and any conviction placing you on a public sex offender registry, it is highly advised that you speak to a defense attorney as soon as possible.
How an Attorney Can Help
An attorney can often resolve your particular legal issue faster and better than trying to do it alone. A lawyer can help you navigate the legal system, while avoiding costly mistakes or procedural errors. You should seek out an attorney whose practice focuses on the area of law most relevant to your issue.
Top Questions to Ask a Lawyer
- What is the usual process to resolve my case? How long will it take to resolve this?
- What are likely outcomes of a case like mine? What should I expect?
An experienced lawyer should be able to communicate a basic “road map” on how to proceed. The lawyer should be able to walk you through the anticipated process, key considerations, and potential pitfalls to avoid. Once you’ve laid out the facts of your situation to the lawyer, he/she should be able to frame expectations and likely scenarios to help you understand your legal issue.
How will an attorney charge me?
A reputable attorney will be very upfront about how he/she will charge you. The three most common fee structures that attorneys use to charge for their services are:
- Bill by the hour
- Contingent fee agreement
- Flat fee agreement
Depending on your specific legal situation, it’s possible that only one type of fee structure is available. For instance, criminal defense attorneys almost always bill by the hour. In a flat fee arrangement, an attorney accepts a one-time payment to help you resolve your issue. With a contingent fee agreement, the client pays little to nothing upfront and the attorney receives a percentage of the money recovered if you win your case.
Common legal terms explained
Personal jurisdiction – Requirement that a particular court have authority over a person, in order to bind that person to the judgment of the court, based on minimum contacts. International Shoe Co v. Washington is a landmark Supreme Court case outlining the scope of a state court’s reach in personal jurisdiction.