Answering FAQs About Hiring a Tennessee Criminal Defense Lawyer for Child Sex Abuse Charges
Being accused of child sex abuse is an incredibly serious matter that can completely turn your life upside down. These allegations carry severe penalties in Tennessee, including lengthy prison sentences and lifetime sex offender registry requirements.
I know this is an incredibly stressful time. My goal with this article is to provide you with helpful information so you understand your rights and options if facing abuse charges in Tennessee. I’ll overview the basics of child sex crime laws, penalties, and defenses in Tennessee. I’ll also answer common questions on finding the right criminal defense lawyer to fight these disturbing allegations.
An Overview of Child Sexual Abuse Laws in Tennessee
Tennessee defines child sexual abuse and related sex crimes under Tennessee Code Annotated (T.C.A.) 39-13-501 et seq. This includes crimes like:
- Rape of a child
- Aggravated rape of a child
- Incest
- Sexual battery by an authority figure
- Solicitation of a minor
- Exploitation of a minor
- Aggravated sexual exploitation of a minor
The laws are designed to protect minors under the age of 13 in Tennessee. Prosecutors don’t need to prove force or violence – a child under 13 cannot legally consent to sexual activity under these statutes.
Penalties vary based on the child’s age, but can include fines up to $50,000 and prison sentences from 25 years up to life in prison. Those convicted will also be required to register as sex offenders.
Why You Absolutely Need an Experienced Sex Crimes Lawyer
The stakes couldn’t be higher when facing sex crime charges involving a child. You need an aggressive defense lawyer fighting for you from the very start.
An experienced lawyer understands these complex laws and how to build a strong defense to disturbing abuse allegations. They also know how to negotiate with prosecutors, pursue pretrial diversions, and seek charge dismissals or reductions when appropriate.
Don’t go it alone against experienced child abuse prosecutors. Your freedom and reputation depend on the strongest defense.
How Do I Find the Best Sex Crimes Lawyer in Tennessee?
When looking for a qualified Tennessee sex crimes lawyer, here are important factors to consider:
- Find an experienced local criminal defense lawyer – Look for an attorney with extensive experience specifically handling child sex abuse cases in Tennessee courts. They should have a proven track record defending these disturbing charges.
- Seek out former prosecutors – Former district attorneys and prosecutors bring a unique perspective and inside knowledge of how the prosecution builds these cases. Their experience on both sides is invaluable.
- Make sure they have resources to conduct a full investigation – Your lawyer needs to be able to thoroughly examine the allegations and evidence. This includes consulting with expert witnesses, interviewing witnesses, analyzing electronic evidence, and more.
- Select someone you’re comfortable with – These are highly sensitive cases. You want a lawyer you completely trust and can be open with about even the most confidential facts.
- Find someone who is compassionate yet aggressive – You need an attorney who is sensitive to the situation yet willing to aggressively challenge abuse allegations to protect your rights.
10 Frequently Asked Questions About Tennessee Child Sex Abuse Cases
If you or a loved one is facing child sex crime charges, you likely have many urgent questions. Below I’ve answered the 10 most common questions I hear in consulting these cases:
1. What should I do if questioned by police about child abuse allegations?
You have the constitutional right to remain silent. Politely decline to answer any questions until your criminal defense lawyer is present. Do NOT try justifying yourself or providing explanations. Anything you say can be used against you.
2. What are the first steps my lawyer will take in my defense?
An experienced sex crimes lawyer will immediately start investigating the allegations and building a strong defense. This includes collecting evidence, consulting with expert witnesses, aggressively contesting probable cause, pursuing pretrial diversions, and more.
3. Will I have to take a polygraph or psychosexual evaluation?
While you cannot be forced to take a polygraph test or psychosexual evaluation, your attorney may recommend them to help demonstrate your innocence. Favorable results can persuade prosecutors to drop or reduce charges.
4. Can my past criminal record be used against me?
Generally your past criminal history cannot be introduced solely to portray you as a bad person. However, certain prior convictions can potentially be introduced under limited circumstances if highly relevant to the case.
5. What if I’m innocent – should I consider a plea bargain anyway?
Absolutely not. Never plead guilty if you are innocent – period. An experienced lawyer will thoroughly examine if the allegations can be challenged. Talk to your lawyer about defense options.
6. Can my internet history or phone be searched in these cases?
Police can seize phones/devices and seek warrants to search internet history if they believe it may contain evidence. Your lawyer will aggressively scrutinize the basis for any such searches to suppress illegally obtained evidence.
7. Can I be convicted based only on the child’s testimony?
You can be convicted on a child’s testimony alone in many cases, though additional evidence certainly strengthens the prosecution’s case. Your lawyer will closely examine the testimony for credibility issues that could create reasonable doubt.
8. What if I’m facing federal child pornography charges?
Federal charges related to producing/distributing child pornography carry severe penalties. You need an attorney experienced with the complex federal sentencing guidelines and how to mitigate their impact.
9. Will I have to register as a sex offender if convicted?
Yes, you will be required to register as a sex offender if convicted of child sexual abuse crimes in Tennessee. The duration of registration varies based on the specific offense.
10. Will the case become public knowledge?
Likely yes – arrests for child sex crimes are matters of public record. Your lawyer can advocate to protect sensitive information from public release, but total confidentiality is unlikely.
Don’t Face These Disturbing Allegations Alone
Facing accusations of sexual misconduct with a child is terrifying. But you have rights – and an experienced Tennessee sex crimes lawyer can protect them.
I know you’re scared and overwhelmed. Take a deep breath. Then call an attorney who provides aggressive and compassionate representation against child sex allegations. They will help you understand your options and build the strongest possible defense.
There are defenses available and ways to challenge these allegations. With an expert lawyer guiding you, justice can still prevail. Don’t lose hope. Take the first step and call a compassionate child sex defense lawyer today.