The 20 Best Sexual Conduct With A Minor Defenses In Flagstaff, Arizona
When interviewing an Arizona Sex Crimes Defense Lawyer, or Flagstaff Sex Conduct Attorney, you should first ascertain if they are a Board-Certified Criminal Law Specialist and a true Arizona Sex Crimes Attorney. At DM Cantor, we have had an enormous amount of Sex Crimes Defense Success receiving Not Guilty verdicts, or outright Dismissals of Flagstaff Sexual Conduct with a Minor Charges for our Clients using the following Defenses. DM Cantor consists of skilled Flagstaff, Arizona Sex Crimes Defense Lawyers who can handle any type of Sex Crime case or Criminal Defense matter. Top Sex Crimes Defense Attorney David Cantor successfully used these Defenses against multiple Arizona Police Agencies for over 30 years, and all members of this Firm are extensively trained on these Defenses.
If you are facing Arizona Sex Crime Charges involving False Accusations of Non-Consensual Sexual Acts, you will want DM Cantor – the Best Flagstaff Sex Crime Lawyers! Some of these Sexual Conduct with a Minor Defense strategies involve simple investigation techniques, while others involve an extreme understanding of the science and forensics needed regarding Cloning and Analyzing Hard Drives, Forensic Interview Techniques with children, DNA Analysis, Polygraph Administration, and Psycho-Sexual Risk Evaluations. Please review these Defenses to see if any may apply to your Sex Crimes Case, or your specific situation.
1-4: False Allegation of Sexual Conduct or Non-Consent
1. False Allegations Made by (or Regarding) Minors in Custody Battles.
Unfortunately, False Sex Crimes Allegations made during Custody battles are one of the most common tactics used in the Arizona Family Court system. Read More
2. False Allegations of 13 to 17 Year-Olds.
False Allegations made by teenagers are incredibly common. In fact, one of the State’s primary Expert Witnesses will testify on the stand that she has encountered a study which shows that as much as 45% of Allegations made by girls 14 to 17 years old against a step-parent or mother’s new boyfriend are, indeed, false. Read More
3. False Allegations of “Me Too” by Minors and/or Adults.
“Me Too” Allegations are becoming quite common in Arizona. Many times there are situations where a young lady, (usually a college girl), will drink and then have consensual sex. Read More
4. Suggestibility of Children/Improper Interview Techniques.
Studies have shown that the human brain is not fully developed until 26 years of age. In regard to children, their brains are so underdeveloped that they can be easily manipulated. Read More
5–12: False Allegations of Sex Crimes Involving Computers
5. Unknowing Downloads/Sharing of Child Pornography
Many cases of Child Pornography/Sexual Exploitation of a Minor are created through file-sharing websites. Read More
6. Hijacked Wi-Fi by Real Perpetrator
Many times a person’s Wi-Fi can be hijacked by a neighbor in the vicinity of the Defendant’s house, condo or apartment. Read More
7. Other Person in Household Used the Defendant’s Computer
Oftentimes Defenses revolve around those who had access to the original computer (such as roommates and/or visitors), because that person could have been the one who was utilizing the device rather than the Defendant. Read More
8. Tainted Evidence
Many times, evidence of Computer Crimes can become Tainted through Police mishandling. For example, the Police are required to “Clone” a hard drive once they take it into evidence. Read More
9. Falsified/Planted Evidence
We have seen cases where disgruntled ex-wives, girlfriends or co-workers will falsify or plant evidence. This is usually due to a Custody Battle, bad break-up, or somebody trying to get their co-worker fired. Read More
10. Undercover Sting Operations On-Line
Detectives will conduct Undercover Sting Operations throughout the year in order to catch people who are trying to “have sexual contact with a minor.” Read More
11. Alleged Victim Lied On-line About Age
It is commonplace in today’s society to meet up with people online. Many times people will lie about their age, and they’ll also send photos which are either not of them, or that have been heavily “filtered.” Read More
12. Misunderstanding of Text String/Emojis On-line
Many times, Detectives will send emojis when trying to prove a person was attempting to have Sexual Contact with a minor, or they will review text strings and try to interpret the emojis improperly. Read More
13-15: Age-Based Defenses
13. Alleged Victim Lied About Age In-Person
In cases involving actual Sexual Conduct or Sexual Contact with an Alleged Victim who is 15, 16, or 17 years of age, it is a Defense under ARS 13-1407(B) if the Defendant did not know, and could “not have reasonably known,” that the alleged victim was under 18 years of age. Read More
14. Romeo and Juliette Laws/Close-in-Age Defense
Under Arizona’s Romeo and Juliette/Close-in-Age Defense, per ARS 13-1407(E), it is a Defense for the Defendant if he is under 19 years of age (i.e., 18), or is still attending high school (even if 19), plus he is no more than 24 months older than the Alleged Victim, and the Sexual Conduct is Consensual. Read More
15. Marriage Exception
Per ARS 25-102, a person who is 16 or 17 years of age may get married if the person they are marrying is not more than 3 years older than them, and: (1) one parent or guardian consents, or; (2) the 16 or 17-year-old minor has an “Emancipation Proclamation” from another Court in another state. Read More
16-19: Evidence-Based Defenses
16. Evidence Obtained Through Illegal Search and Seizure
All Search Warrants have to have what is known as a “Search Warrant Affidavit.” This is where the Officer specifies not only the exact reasons for a Search, but the exact areas and the time of the Search. Read More
17. Miranda Violations and Coerced Statements
In Arizona, the “Voluntariness Standard” is followed regarding the Admissibility of statements by a Defendant. As part of this requirement, Miranda Rights are normally to be read to a suspect prior to any questioning. Read More
18. Police Bias, Exaggeration and Outright Falsehoods
Many Police Officers wear body cameras that are known as “AXON Video Cameras.” However, many officers will not “tap” the AXON camera with their hand in order to activate it prior to performing searches or questioning. Read More
19. Coerced Face ID or touch ID to Access Devices
Most smart phone devices (such as the Apple I-phone or I-Pad) have the ability to have “Face ID” or “Touch ID”, in addition to a Password, in order to open up the device. Read More
20: Diminished Capacities And Mental Health Issues
20. Autism and Spectrum-Bases Defenses
Many people are on the Autism Spectrum and will download Child Pornography without realizing the seriousness of what they are doing. Read More