Top Kalispell, MT Sex Crime Lawyers Near You
Sex Crime Lawyers | Kalispell Office
1830 3rd Ave E, Suite 302, Kalispell, MT 59901
Kalispell Sex Crime Information
Lead Counsel independently verifies Sex Crime attorneys in Kalispell and checks their standing with Montana 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 Montana?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 Montana?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 Montana?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 Montana 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.
Top Questions to Ask When Hiring an Attorney
- How many years have you been practicing law? How long have you practiced law in the local area?
- How many cases similar to mine have you handled in the past?
- What is the likely outcome for my case?
In legal practice, experience matters. An experienced attorney will likely have handled issues similar to yours many, many times. Therefore, after listening to your situation, the attorney should have a reasonable idea of the time line for a case like yours and the likely resolution.
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 to Find the Right Attorney
- Determine the area of law that relates to your issue. Attorneys specialize in specific practice areas around legal issues within the broad field of law.
- Seek out recommendations from friends, family, and colleagues. A successful attorney or practice will typically have many satisfied clients.
- Set up consultation appointments to get a better understanding of your case as well as gauge your comfort level with different attorneys. Find the attorney who is the right fit for your needs.
Common legal terms explained
Pro se – This Latin term refers to representing yourself in court instead of hiring professional legal counsel. Pro se representation can occur in either criminal or civil cases.
Statute – Refers to a law created by a legislative body. For example, the laws enacted by Congress are statutes.
Subject matter jurisdiction – Requirement that a particular court have authority to hear the claim based on the specific type of issue brought to the court. For example, the U.S. Bankruptcy Court only has subject matter jurisdiction over bankruptcy filings, therefore it does not have the authority to render binding judgment over other types of cases, such as divorce.