Accused of a Sex Crime in San Diego? Don’t Speak Until You Read This
Being accused of a sex crime is one of the most serious legal situations a person can face. Whether the alleged victim is an adult or a minor, the consequences of a conviction are life-altering. In this post, San Diego criminal defense attorney Stefano Malay breaks down how these investigations typically work—and why protecting your constitutional rights from the very beginning is critical.
What You Say Can—and Will—Be Used Against You
From the moment an allegation is made, anything you say can potentially become part of the case against you. That includes statements to:
- Friends
- Family members
- The alleged victim (complaining witness)
- Law enforcement
Even well-intentioned attempts to “clear things up” can backfire. Prosecutors look for corroboration—any evidence that supports the accuser’s version of events. A poorly worded statement or out-of-context conversation can quickly strengthen the case against you.
How Police Gather Evidence—Without You Realizing
One tactic law enforcement uses is the pretext phone call. In these cases, the complaining witness calls the accused, while a detective sits nearby coaching the conversation and recording everything. This strategy is legal—and extremely effective at securing incriminating admissions.
Other common forms of corroboration include:
- Direct conversations between the accused and law enforcement
- Voluntary DNA samples—which may be used as key trial evidence
DNA evidence can be compelling to juries, even though it’s far from perfect. What seems like cooperation can become the prosecution’s strongest evidence.
The Biggest Mistake You Can Make: Speaking Without a Lawyer
If you’re being investigated—or even suspect you might be—do not speak with anyone about the allegations until you’ve consulted an experienced criminal defense lawyer. Even if you’re completely innocent, your best protection is silence followed by skilled legal guidance.
You wouldn’t drive without insurance. So why try to navigate the criminal justice system alone, especially when a sex crime charge can cost you more than money—it can cost you your freedom and your future?
Contact a San Diego Criminal Defense Attorney Today
If you’ve been accused of a sex crime or think you may be under investigation, get legal help now. At David P. Shapiro Criminal Defense Attorneys, we help good people regain control of their future when facing criminal charges—including the most serious ones.
Author Bio
David P. Shapiro, the managing partner and founder of a leading San Diego criminal defense firm, is driven by an unwavering commitment to providing the best possible representation to his clients facing criminal charges. With a deep understanding of the fear, uncertainty, and concern for one’s future that his clients experience, David approaches each case with empathy and dedication, advocating tirelessly for their rights and freedoms.
Focused on complex and high-stakes cases, David handles a wide range of serious charges, including felonies, violent crimes, sex crimes, drug offenses, and white-collar crimes. Since establishing his practice in 2010, David has earned a reputation as one of San Diego’s most respected criminal defense attorneys.
His firm has been recognized by LawFirm500 as one of the nation’s fastest-growing law firms and was a 2022 Better Business Bureau Torch Award for Ethics Winner. The San Diego Business Journal named David’s firm the 17th Fastest Growing Private Company in San Diego from 2019-2021 and recognized David as one of San Diego’s 500 Most Influential People in 2022. With a strong dedication to his clients and community, David continues to be a driving force in the San Diego legal landscape.
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Facing Criminal Charges in San Diego?
Here’s what you need to know to regain control of your future