An Overview Of The Mitigating Factors In A Sex Crimes Case

Interviewer: What are some things that could possibly help their sex crimes case? What are the things that you’re going to start looking at and investigating right away?

Zach Peagler: You want to meet with an attorney and talk about your side in the case. I think that the most important thing for a defendant to do in really any type of case is to make sure you tell your attorney everything that happened so that they can evaluate the entire case and help you in the best way possible. If you’re hiding things from your own attorney, that’s going to make your case a lot worse down the road. If surprises happen that the attorney is not prepared for, so lay out everything there is. If there was a sexual act committed, the attorney needs to know that.

Nowadays DNA Evidence Plays a Vital Role in Sex Crimes Cases

A lot of clients’ natural instinct is to deny everything and in a lot of rape cases, most nowadays, there’s DNA evidence that’s going to link somebody to the crime. That part is going to be there in most cases. Then you got a victim that can probably identify the defendant most of the times anyway. In a lot of “Date” rape cases, it’s a matter of he said she said. There’s not a lot of … It’s not an argument over whether a sexual act happened. It’s more an argument over whether it was a consensual act or not. Getting all of those details out on the table. Then if it is a complete denial case, and it’s the wrong person, making sure that the attorney gets the DNA independently evaluated to make sure that there’s no mistake in that sample and has looked at the chain of custody and all of those type of issues to make sure you don’t have someone wrongfully convicted.

Common Reasons That May Cause An Individual Not To Adhere To The Law

Interviewer: What would you say are the most common reasons people don’t do what the law requires? Could it be that they’re misinformed somehow? Or they missed some deadline accidentally?

Zach Peagler: Yeah, they miss deadlines accidentally. They, unfortunately, people that have been in prison in particular for sex crimes, if you’ve served a significant amount of time in prison, it’s hard to adjust to society when you come out. It’s hard to get a job. It’s hard to keep a job. It’s hard to find a place to live. I think sometimes, and I’m not saying this in all cases by any means, but sometimes, they probably violate the law out of necessity.

Defendants Break Laws Mostly Either by Mistake or Due to a Necessity

Unfortunately, they have to have somewhere to live. When they’re out there and they can’t afford to rent in a place that meets the qualifications that they’re supposed to live in, they may find a friend or relative’s couch that they can sleep on just to make ends meet. It may be at an area that’s not allowable by law for them to live. I think there’s probably, most of those cases are made out of either mistake by the defendant’s part or by necessity.

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