Criminal Defense Attorney, Brian Pakett
The phone call or knock at the door comes without warning. A police detective says they need to speak with you about “an incident” or want to “clear up some questions.” Your heart races. You know this involves allegations of a sexual nature, and your first instinct might be to cooperate fully to clear your name.
Stop. This is the most dangerous moment of your case.
What you say and do in those first critical minutes can determine whether you walk away free or spend years behind bars.
As a West Palm Beach sex crime defense attorney who has handled hundreds of these cases, I’ve seen too many people destroy their own defense before they even knew they needed one.
If you have been arrested and charged with a sex crime in Florida, you need to take immediate action to protect yourself and your future.
The Pakett Law Group, PA is committed to providing our clients with the highest quality representation. With over a decade of legal experience, West Palm Beach criminal defense lawyer Brian T. Pakett and his team of West Palm Beach criminal lawyers possess a comprehensive understanding of Florida criminal law – which can benefit you in your time of need.
Accused of Sex Crimes in Florida – You Need Help Immediately
The Police Contact: How It Usually Happens
Sex crime investigations rarely begin with dramatic arrests. Instead, they typically start with what seems like a routine request:
“We just need to get your side of the story”
“This is just a preliminary investigation”
“We’re talking to everyone who was there”
“If you have nothing to hide, this should be quick”
These phrases are not accidents.
They’re carefully chosen to make you feel like cooperation is routine, expected, and in your best interest. The detective may seem friendly, understanding, or even sympathetic to your situation.
Don’t be fooled. By the time police contact you, they already consider you a suspect. They have likely already interviewed the alleged victim, possibly collected evidence, and begun building a case against you.
What You Should NEVER Do
1. Never Agree to “Just Talk” Without an Attorney
The Trap: Police will assure you that you’re not under arrest and are free to leave at any time. This makes many people think they don’t need a lawyer because they’re “just helping with the investigation.”
The Reality: You can be questioned as a suspect without being arrested. Everything you say can and will be used against you, even if you’re not in custody. There is no such thing as an “off the record” conversation with police.
2. Never Try to Explain Away Accusations
The Trap: Your instinct is to provide an innocent explanation for whatever the alleged victim has claimed.
The Reality: You don’t know exactly what you’re being accused of or what evidence exists. Your “explanation” might actually provide details that help the prosecution’s case or contradict other evidence in ways that make you look guilty.
Real Example: A client once told police he “barely touched” the alleged victim because he thought she was claiming unwanted groping. In reality, she had accused him of rape. His statement inadvertently placed him in physical contact with her, which he could have denied entirely with proper legal guidance.
3. Never Submit to Police “Requests” Without Understanding Your Rights
Police may ask you to:
- Provide DNA samples
- Hand over your phone for examination
- Take a polygraph test
- Come to the station for a “quick conversation”
- Allow them to search your home or car
Each of these requests requires careful legal analysis. Some may be mandatory if they have a warrant, while others are voluntary and potentially harmful to your case.
4. Never Assume Honesty Will Set You Free
The Trap: You believe that telling the truth will clear up any misunderstanding.
The Reality: Truth is often complicated, and human memory is imperfect. Your honest recollection of events might differ from the alleged victim’s account or other witnesses. These differences can be painted as lies or attempts to cover up criminal behavior.
What You SHOULD Do Immediately
1. Invoke Your Right to an Attorney
The moment police contact you about sex crime allegations, you should clearly state: “I want to speak with my attorney before answering any questions.”
This is not an admission of guilt. It’s a constitutional right that exists specifically to protect innocent people from self-incrimination.
2. Document the Contact
Write down immediately:
- When and how police contacted you
- The names and badge numbers of officers involved
- Exactly what they said and asked
- Any requests they made
- Your responses
This information will be crucial for your attorney to understand how the investigation is proceeding and what evidence may exist.
3. Contact an Experienced Sex Crime Defense Attorney
Time is critical. Sex crime investigations move quickly, and evidence can be gathered or destroyed while you wait.
You need an attorney who:
- Understands Florida sex crime laws specifically
- Has experience dealing with these types of investigations
- Can immediately begin protecting your rights
- Knows how to conduct their own investigation
4. Preserve Evidence That Helps Your Case
While you should never destroy evidence, you should preserve anything that supports your innocence:
- Text messages or social media communications with the alleged victim
- Photos from the time period in question
- Witness contact information
- Receipts or records showing your whereabouts
Important: Don’t attempt to contact witnesses or the alleged victim yourself. This can result in additional charges for witness tampering or harassment.
Understanding Police Investigation Tactics
The Reid Technique and Psychological Pressure
Police are trained in interrogation techniques designed to elicit confessions.
Common tactics include:
Minimization:
Making the alleged crime seem less serious or more understandable
“These things happen when people have been drinking”
“I’m sure you didn’t mean for it to go that far”
Maximization:
Overstating evidence or consequences to create fear
“We have witnesses who saw everything”
“The prosecutor is going to throw the book at you if you don’t cooperate”
False Evidence:
Police can legally lie about evidence during questioning
“Your DNA is all over the victim”
“We have video footage”
The “Good Cop, Bad Cop” Approach
You may encounter multiple officers with different approaches:
One officer may seem sympathetic and understanding
Another may be aggressive and accusatory
They work together to break down your resistance to talking
Common Mistakes That Destroy Cases
1. Partial Admissions
Trying to admit to lesser conduct while denying the serious allegations:
“We kissed, but that’s all that happened”
“I touched her, but she wanted me to”
These admissions can be taken out of context and used to support the prosecution’s version of events.
2. Providing Alibis Without Verification
Claiming you were somewhere else without being certain of the timeline or having evidence to support your claim. If your alibi falls apart, it makes you look like a liar.
3. Attempting to Contact the Alleged Victim
This almost always results in additional charges and makes you appear guilty of the original allegations.
Special Considerations in Florida
Florida’s Electronic Surveillance Laws
Florida is a two-party consent state for recording conversations. If police attempt to have the alleged victim record conversations with you, both parties must legally consent. However, there are exceptions, and these situations require immediate legal analysis.
Florida’s Statute of Limitations
The time limits for prosecuting sex crimes in Florida vary depending on the specific offense and the age of the alleged victim. Some crimes have no statute of limitations, while others must be prosecuted within a certain timeframe. Understanding these limits is crucial for your defense strategy.
Mandatory Reporting Requirements
Certain professionals in Florida are required to report suspected sexual abuse, which can trigger investigations. Understanding how your case began can help identify weaknesses in the prosecution’s approach.
When Police Have a Warrant
If police arrive with a search warrant or arrest warrant, the situation changes:
Your Rights During a Search
- You can observe the search but cannot interfere
- Ask to see the warrant and note what it authorizes
- Police can only search areas and for items specified in the warrant
- Document any apparent violations of the warrant’s scope
Your Rights During an Arrest
- You still have the right to remain silent
- You still have the right to an attorney
- Ask for medical attention if needed
- Do not resist, even if you believe the arrest is unlawful
The Importance of Acting Quickly
Evidence Preservation
- Digital evidence can be deleted or corrupted
- Witnesses’ memories fade over time
- Security camera footage is often overwritten
- Phone records may be discarded
Legal Strategy Development
- Early intervention can sometimes prevent charges from being filed
- Plea negotiations are often more favorable before formal charges
- Pretrial release conditions can be negotiated more effectively with early representation
Protecting Your Future
A sex crime allegation can destroy your life even if you’re never convicted. The investigation alone can:
- Result in job loss
- Damage family relationships
- Create lasting community stigma
- Affect professional licenses
- Impact child custody arrangements
Every decision you make during the investigation phase affects these outcomes.
Red Flags: When Police Contact Becomes Urgent
Seek immediate legal representation if:
- Police mention they have physical evidence
- You’re asked to come to the station
- They request DNA samples or electronic devices
- Multiple officers are involved in questioning
- They mention recording conversations
- You’re told the alleged victim has given a detailed statement
Your Constitutional Rights Don’t End with Police Contact
Remember that you have rights throughout the entire process:
- Fifth Amendment: Right against self-incrimination
- Sixth Amendment: Right to counsel
- Fourth Amendment: Protection against unreasonable searches and seizures
- Fourteenth Amendment: Right to due process
These rights exist specifically because the criminal justice system recognizes that innocent people can be wrongly accused and convicted.
Take Action Now
If police have contacted you about sex crime allegations, don’t wait to see what happens next. The investigation is already underway, and your rights are at risk with every passing hour.
At The Pakett Law Group, PA, we understand that being contacted by police about sex crime allegations is one of the most terrifying experiences anyone can face. We’re here to protect your rights from the very first moment and guide you through every step of the legal process.
For immediate legal support and protection of your rights, call 561-318-0531 now. We offer confidential consultations and can often meet with you the same day police make contact. Remember: Your freedom, your reputation, and your future are too important to leave to chance. Every minute counts when your life is on the line.
Need a Florida Criminal Defense Lawyer for a Sex Crime? Let’s Talk.
Time is critical. The sooner we get involved, the better chance we have to protect your rights, preserve evidence, and build a powerful defense. Contact my office today to schedule a confidential case evaluation.
The earlier you have professional legal representation, the better your chances of avoiding critical mistakes, protecting your rights, and achieving the best possible outcome for your case.
Remember – arrests are common in Florida, the legal consequences are serious, and having a knowledgeable criminal defense lawyer is essential to protect your rights and achieve the best possible outcome.
If you were charged with a serious crime in West Palm Beach or anywhere in the state of Florida, please schedule a free consultation with The Pakett Law Group. You can call 561-318-0531 or email us here.
The Pakett Law Group, PA is committed to providing our clients with the highest quality representation. With over a decade of legal experience, West Palm Beach criminal defense lawyer Brian T. Pakett and his team of West Palm Beach criminal lawyers possess a comprehensive understanding of Florida criminal law – which can benefit you in your time of need.