Sex crimes, particularly those involving minors, are among the most aggressively prosecuted crimes in Arizona, both under state law, and in Federal court.  In addition to investigating accusations of sex crimes against children, law enforcement agencies engage in significant undercover operations to

POLICE STING OPERATIONS
Police sting operations account for a large number of child sex crimes arrests and prosecutions.  Police will pose as minors (or a person with a relationship to a minor) in order to entice people to engage in illegal activity.  These undercover officers will post ads on websites that they know to be used for prostitution purposes, and will engage in conversations that are intended to show their target's desire to engage in sexual acts with a minor.  While police are often left to investigate a crime after it happened, with sting operations, they are along for the ride the whole time.  This means that they are a party to any messages, texts, phone calls, meetings, and record all of them.  The goal is to gather evidence of attempts to engage in sex acts or prostitution.  Of course there are many different kinds of sting operations, and undercover officers will always make an effort to change up their procedures so as to not have an easily recognizable pattern.  While this may seem like "entrapment" to a reasonable person, know that police have specially tailored their process for sting operations, and much of the time know what would constitute crossing the line for entrapment purposes.  This does not mean that entrapment cannot be a valid defense to a crime involving a sting operation, but means that such a defense will often fail. 

CHILD COMPLAINANTS
Of course not all child sex crimes arrests or prosecutions are the result of undercover operations.  These cases are very emotional and often are the most difficult due to society's strong condemnation of sex crimes against children.  This is especially true where the police, prosecution, judge, or jury believe that there is a "real victim" to the crime.  Not only does the public condemn the alleged conduct, but there is also a sense of wanting to "get justice" for the "victim."  Though these cases may not have the same strong evidence as a sting operation, testimony from a child accuser can be very powerful and difficult to overcome.  It is important to investigate all possible motives for a false accusation, including efforts by other adults to influence the accusation.  Unfortunately, false accusations of child sex crimes are exceedingly common in messy divorces, where one parent will manipulate a child to make an accusation against the other parent.  While police and prosecutors know there are false accusations, they have been more and more likely to believe an accusation, even if there are flags.  Because the law enforcement investigation will not have been conducted through the correct lens, it is vital to have an experienced attorney and investigator to build the defense in a false accusation case.

PUNISHMENTS FOR CHILD SEX CRIMES
Most child sex crimes are very seriously punished, both under Arizona law and under Federal law.  Arizona law has severe sentencing enhancements for a category of crimes called "Dangerous Crimes Against Children" (A.R.S. 13-705).  Some such crimes are punishable by life imprisonment (e.g. Sexual assault of a minor 12 or younger, child sex trafficking with a prior).  For sexual assault of a minor who is twelve, thirteen or fourteen years of age, taking a child for the purpose of prostitution, child sex trafficking, commercial sexual exploitation of a minor, sexual conduct with a minor who is twelve, thirteen or fourteen years of age, continuous sexual abuse of a child, the sentencing range is 13, 20, or 27 years for a first offense.  Those convicted of molestation of a child, sexual exploitation of a minor, aggravated luring a minor for sexual exploitation, child abuse or kidnapping face 10, 17 or 24 years in prison for a first felony offense.  Individuals with a felony prior face even longer possible sentences, even if the prior did not involve children or sex offenses. 

Federal sentencing for child sex crimes is equally harsh.  A person convicted of a federal sex offense against a child, who also has a prior for a sex crime against a child faces life imprisonment (the prior can be state or federal).  Receiving child pornography carries a minimum sentence of 5 years, and 15 years for repeat offenders.  Because federal sentencing guidelines are based on the specific offense, and the offenders criminal history level, calculating the exact possible punishment for such a broad category as sex crimes against children requires a case by case analysis.  If you are facing federal sex charges in Arizona, speak with an experienced defense lawyer right away to better understand what you might be facing, and what defenses and defense strategies might apply.

SOME CHILD SEX CRIMES OFFENSES INCLUDE:
Child Molestation  -  Sexual Exploitation of a Minor  -  Child Pornography (Possession/Distribution)
Furnishing Harmful/Obscene Materials to a Minor  -  Sexual Conduct with a Minor
Failure to Register as a Sex Offender  -  Luring a Minor for Sexual Exploitation
Child Sex Trafficking  -  Child Sexual Assault and Rape  -  Sexual Abuse of a Minor
Aggravated Sexual Abuse  -  Sexual Crimes Crossing State Lines or on Federal Lands

Many child sex crimes are prosecuted in Federal court, due to the US Attorney's strong desire to punish sex crimes against children.  Further, many of the state prosecutions are handled at the Attorney General, rather than County Attorney level.  While these prosecutions will still apply state law, they are prosecuted by attorneys who work for the Arizona Attorney General's office.

Of course not all child sex crime cases will go to trial.  We have previously discussed case defense strategies here, and there is always a possibility of getting a case dismissed or working out a favorable plea deal that avoids trial.  Still, understand that these cases are difficult and prosecutors know that they are likely to have a jury view child sex crimes prosecutions favorably, and view defendants very unfavorably.  This means that they will often overcharge a defendant, and/or be more willing to go to trial in these cases.  It is therefore very important to have an attorney who is not only familiar with the law and procedures, but is a skilled trial attorney who can relate to jurors - even in the most difficult cases.

RELATED ARTICLES:
SEX CRIMES
SEXUAL CONDUCT WITH A MINOR (STATUTORY RAPE)
SEXUAL ASSAULT/RAPE
CHILD ENDANGERMENT AND ABUSE
KIDNAPPING
ASSAULT CRIMES
PROSTITUTION/SOLICITATION
DOMESTIC VIOLENCE

If you or a loved one has been arrested, charged, accused, or may be under investigation for a sex crime involving a minor, know that the possible consequences are very severe.  Do not wait to discuss your case and possible defense strategies with an experienced criminal lawyer.  Contact the Tucson Defenders today for a FREE CONSULTATION.  520-585-5757.

First, it is important to note that each case is different, and that there is no substitute to careful case review by an experienced criminal defense attorney.  The information provided in this article is meant to generally explain some of the more common defenses and defense strategies in criminal cases, but is in no way intended to serve as legal advice, and does not serve as a replacement for a real consultation with an attorney.  If you or a loved one has been arrested, charged with a crime, or may be under investigation for a crime in Arizona, state or Federal, contact the Tucson Defenders today for a FREE Consultation.  520-585-5757.

CRIMINAL DEFENSE MOTIONS
One of the words you will hear a lot in court is "motion."  A motion is a formal request by a party of the court, and can be based on a number of different issues.  A motion can be made orally or in writing, but it is generally preferable to submit a written motion.  A good motion will describe the facts, as well as lay out the legal reasons that the request should be granted.  This requires not only a thorough understanding of the facts of the case and the applicable law, but often research into the specific issues and most current law.  Some of the most common motions in an Arizona criminal case include:

• Motion to Suppress Evidence
• Motion to Dismiss (there are many different possible reasons)
• Motion for Remand (for a new probable cause determination)
• Motion to Reduce Bail (or for own recognizance release)
• Motion to Compel Discovery
• Motions in Limine (motions to keep certain evidence out of trial)

JURY TRIAL
The right to a trial by jury in criminal cases is one of the benchmarks of American freedom, and one of the most important rights that we have. 

PLEA NEGOTIATIONS
Most criminal cases do not get dismissed by motion or go to trial.  An overwhelming majority of criminal cases resolve via a negotiated plea.  In cases with very strong evidence, going to trial might expose the defendant to significant penalties, which may be sometimes minimized by effective plea negotiations.  In cases with weak evidence, it might still be favorable to know what the outcome will be, rather than risking the possibility of a trial loss.  Effectively presenting mitigating evidence (good character, flaws with the evidence, etc.) is vital to reaching a favorable plea deal.  Before accepting a plea deal, you will want to know that your lawyer did everything possible to make the terms more favorable.  This can mean reducing the amount of time in custody (ideally to no time in custody), changing the charges to keep a record clean, and much much more.  Discuss your priorities and concerns with your lawyer as soon as possible so that you can create a good plan of action.

DIVERSION PROGRAMS
A diversion program is similar to probation, except that it avoids a conviction.  It is typically worked out as a deal with the prosecuting attorney, and can sometimes be the best option for a person charged with a crime.  There are several different types of diversion, the main distinction being between formal and informal (or "pre-plea") diversion.  Entering a plea of guilty is not regarded as a conviction under Arizona law; a person is only deemed to have been convicted of a crime upon being sentenced for the crime.  Therefore, a person can enter a plea to a charge, and then be permitted to later withdraw the plea before an entry of judgment (formal diversion).  Unfortunately, Federal law regards a person as being convicted of a crime at the time of a plea, and this means that a person would not want to enter a plea of guilty or no contest if federal law might have implications (for example, Immigration Consequences).  In such cases, it would be best to fight for informal diversion, where the defendant does not enter a plea.

IF YOU OR A LOVED ONE HAS BEEN ARRESTED, CHARGED WITH A CRIME, OR MAY BE UNDER INVESTIGATION FOR A CRIME, CONTACT THE TUCSON DEFENDERS TODAY FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE LAWYER.  WE CAN GO OVER THE DETAILS OF YOUR CASE, ANSWER ANY QUESTIONS YOU HAVE, AND GET STARTED ON THE BEST PLAN TO DEFEND YOU.  520-585-5757.

One of the most serious concerns most criminal defendants have is going into custody.  In misdemeanor cases, this can mean some county jail time, while in felony cases, a sentence can include long prison terms.  Of course getting a case dismissed entirely, or winning at trial and earning an acquittal are the best possible outcomes.  But, this is not always possible in the age of surveillance cameras, social media, text messages, cell phone cameras, etc.  Even a person convicted of a crime can avoid incarceration a number of different ways.  An experienced criminal defense attorney can determine the possible ways to achieve this and work for you to avoid spending time behind bars.  Contact a Tucson criminal defense attorney for a Free Consultation.  520-585-5757.

Far and away, the most common jail alternative is probation.  Probation is an alternative sentence, where a defendant is placed on supervision for a set time, and given conditions to avoid going into jail or prison.  In misdemeanor cases, a person granted probation will likely go into jail only upon committing a violation of that probation (i.e. failure to complete terms of probation, or getting into new trouble).  In felony cases, probation is in lieu of prison time, and typically involves greater supervision as well.  Further, felony probation can sometimes include some county jail time as a condition.  Violating felony probation can result in jail time, prison time, extending probation, and additional conditions.

Home confinement is another popular alternative to jail or prison.  Improvements in technology have allowed for an expansion of "house arrest," "electronic monitoring," and "home confinement" in lieu of jail.  Most commonly, this will occur in felony probation cases, where a defendant will be able to do some of their jail time at home as a condition of probation. 

Substance abuse and mental health treatment are increasingly become options to take the place of jail time.  Our criminal justice system has slowly been coming around to the idea that incarceration does not treat illnesses and does not help with addiction.  Although increased programming and resources in jails and prisons aim to help reduce recidivism, keeping people out of custody in the first place, while providing the support they need to get better has proven more effective for many.

Diversion programs help defendants not only avoid jail or prison, but also avoid a criminal conviction.  This is ideal in that staying out of jail is but one concern; keeping a clean record is vital to moving on with one's life.  Discuss the possibility of a diversion program with your attorney to see if you might be able to do a program that is similar to probation, but ultimately provides better results.

To this point, this article has focused on dispositions that result in avoiding jail or prison as a sentence.  Of course, there is also the issue of pre-trial detention.  In the US, many people who have not yet been convicted of any crime remain behind bars while fighting their case.  Bail can be denied or can be very high in more serious cases.  Having an attorney who knows how to present mitigation and fight for lower bail (or an own recognizance release) can be the difference between being in custody while fighting your case or not.

In Federal criminal cases, both pretrial release from custody, and alternative sentencing (probation, electronic monitoring) can be available.  Due to harsh federal sentencing guidelines, avoiding custody time can be much more difficult in Federal cases.  Those charged with crimes in federal court require thorough and experienced defense to combat the charges, and if needed to seek leniency at sentencing.

Criminal cases have a lot of moving parts, and there are many factors that can impact the outcome.  Having an attorney on your side who knows the laws, procedures, and has experience handling your type of case is imperative.  If you or a loved one has been arrested or charged with a crime, contact the Tucson Defenders today for a FREE CONSULTATION.  520-585-5757.