A. CHILD MOLESTATION

Next to serious violent crimes, child molestation carries the greatest risk for state prison sentences, even for first-time offenders, as well as registration as a sex offender for life. Child sexual abuse also carries the greatest risk for false accusations resulting in criminal prosecutions.

Young children very often live in a world of mixed reality and fantasy. Whenever parents, siblings, relatives or adult caretakers are accused of sexually molesting a young child, a phalanx composed of child abuse police detectives, county social workers, pediatric doctors and nurses swoon in and basically take over and mold the conscious mind of the allegedly abused child.

First the child is subjected to a frightening and confusing physical examination by a band of doctors and nurses from the SART (Sexual Abuse Response Team) team. The suggestive questioning begins here when doctors and nurses ask the child if the suspected abuser has used fingers, tongue, or penis to violate the child's physical integrity. Here, the programming of the child begins.

Next, social workers from CPS (Child Protective Services) march the child into make-believe play rooms and ask the child questions using anatomically correct doll figures.

No greater danger to false accusations of child sexual abuse exists than when social workers ask questions which direct the minor to give the desired answer, using the naked doll figures to drive home the specific abuse.

A young child who has already been softened by hysterical parents, uniformed officers, doctors and nurses, readily picks up what the social workers want him or her to say. Pretty soon, you have social study and police reports with graphic depictions of sexual abuse acts literally conjured up during this programming play period with the child.

Next, the suspected abuser is arrested and must pay a colossal amount of bail to get out of jail, only to face serious child sex abuse charges in San Diego which could send him or her to prison for a many years.

Okay, what do you do when faced with this monstrous apparatus designed to warehouse you in prison for the rest of your healthy years? You must select a very experienced San Diego sex crime defense lawyer who will be involved in all stages of the interrogation process, will hire child psychologist experts to review videotaped interrogations of the child and then interview the child to determine how badly the child has been brainwashed.

Your San Diego sex offense defense lawyer will hire a doctor or nurse specially trained in child abuse to review the SART team examination findings and, finally, an experienced professional investigator will interview all the adults involved in the initial reporting of the abuse, the siblings, former spouses or girlfriends, neighbors, friends, teachers, family doctors and nurses to find out if there any strong knowledgeable witnesses who could testify on your behalf and greatly weaken the prosecution's case.

IF YOU ARE ACCUSED OF CHILD SEX CRIME IN SAN DIEGO, YOU CANNOT AFFORD TO DELAY YOUR DEFENSE. CONTACT MY OFFICE FOR A FREE CONSULTATION ON HOW TO PREPARE A SUCCESSFUL DEFENSE.

B. RAPE

If you are charged with a rape crime, the necessity for an expert defense team is as important as child molestation cases. Rape convictions usually lead to long prison sentences and life time registration as a sex offender.

You can be charged with rape if (1) you have forced sexual intercourse on another person, (2) you have had sexual intercourse with someone who was unable to give legal consent by virtue of unconsciousness, intoxication, fraudulently representing oneself as another's spouse or by threats of retaliation against another or any other person.

Most cases of rape with a person known to the accused person involves the issue of whether or not the alleged rape victim consented to having sex with the accused. These cases normally start with a police interview of the alleged victim, followed by an examination of the alleged victim by the SART (Sexual Abuse Response Team) team doctors and/or nurses.

The police are usually very sloppy in following up with interviews of potentially important witnesses. So, IT IS ABSOLUTELY IMPERATIVE that you retain an experienced San Diego sex crime defense attorney who will immediately assign a professional investigator to interview potentially important defense witnesses before the police sex crime investigators do. Your attorney will evaluate the findings of the SART examination, and, if necessary, he will employ a specially trained doctor or nurse to review these findings.

Most rape cases of this type can be successfully defended, indeed, most can be dismissed, if you take immediate steps to hire an expert legal team.

In cases where the accused is charged with raping a person unknown to him, eyewitness identification almost always is the major issue. In these cases, you must not delay in hiring a skilled legal team to interview prosecution witnesses, show them photographic lineups different than ones shown to them by police to discredit such witnesses, set up a live line-up and ensure its fairness.

Your lawyer will direct his investigator to interview possible alibi witnesses whose testimony could establish that you were not present at the time of the alleged rape. Finally, your lawyer will most likely hire an expert in eyewitness identification, usually a psychologist, who has expertise in the problems with lineup procedures and misidentification caused by cross-racial perceptions and suggestive police tactics during lineup procedures.

IF YOU ARE ACCUSED OF A RAPE CRIME, CONTACT MY OFFICE FOR A FREE CONSULTATION ON HOW TO PREPARE A SUCCESSFUL DEFENSE.

C. PROSTITUTION AND INDECENT EXPOSURE

Prostitution crimes are misdemeanors and are an orchestrated effort of a team of police officers from the police department's vice division. The team consists of several very attractive female undercover officers and a group of male officers.

The female decoys usually attract the attention of unwary male motorists driving by an area where there is a high rate of prostitution. The decoys do their best to lure unwary men to agree to sex acts for a price. Once they get a man to agree to a sex act for money, they direct the man to go to a local hotel parking lot.

Once the man drives into the parking lot, the team of vice cops pounce on him and place him under arrest for prostitution along with another 15 to 20 other men who were entrapped the same way. This is called a prostitution sting operation and it is a dirty business.

You must get a San Diego prostitution defense lawyer who will evaluate your interaction with the undercover female decoy officer to determine if an entrapment defense can be a successful defense for you. Most men caught in this situation are working or middle class men with no prior record who want to keep the whole matter secret for fear of jeopardizing their relationships with spouses or girlfriends, friends or employers.

Unfortunately, most are unlawfully entrapped by overzealous undercover cops and will not want to go to trial to avoid the obvious potential for adverse effects on marriage, friendship and employment.

Your lawyer must respect your choices in this regard and he will work to reduce the prostitution charge to a simple disturbing the peace violation. Some wrongfully accused men may choose to defend their cases at trial, and very often are successful. A good lawyer should not have much trouble winning a prostitution trial where there is a legitimate entrapment defense.

Indecent exposure is a more serious offense than prostitution and can potentially be charged as a felony requiring life time registration as a sex offender.

It is very important in these cases, as it is in other crimes, for your lawyer to assign his investigator to interview all prosecution witnesses, and other witnesses not identified in the police investigation, as well as alibi witnesses.

If your case is not defensible, your lawyer must arrange for his client to be evaluated by a psychologist who specializes in sex offenses and to have his client immediately begin a course of treatment in a program recommended by the psychologist.

These steps will almost always lead to a grant of probation and allows your lawyer to argue for a less serious offense in plea bargaining which will not require sex offense registration or jail time.

Your freedom and record are too important to entrust to an inexperienced attorney. I am one of San Diego's most experienced criminal defense attorneys.

With over 20 years of experience, devoted exclusively to the practice of criminal law; I (Stephen Brodsky, Attorney at Law) have successfully defended hundreds of people in all areas of criminal law.

IF YOU ARE ACCUSED OF A PROSTITUTION OR INDECENT EXPOSURE CONTACT MY OFFICE FOR A FREE CONSULTATION ON HOW TO PREPARE A SUCCESSFUL DEFENSE.