Legal Challenges to Testimony and Forensic Evidence
While a jury must presume a criminal defendant innocent, police rarely presume an accused rapist to be innocent regardless of his position in society or reputation for good character. Understanding this concept is critical in sex crime cases. When police rush to judgment and the public clamors for swift justice, the accused often feels that he is the victim of a modern day witch hunt.
Back in the 17th century, Lord Mathew Hale cautioned the jury:
"Rape is an accusation easy to be made, hard to be proved, and yet harder to be defended by the party accused though never so innocent."
With your freedom and your future at stake, our criminal defense lawyers provide the skilled and aggressive representation you need. Early in the case, we challenge false allegations and investigate motives behind the allegations. If the prosecution goes forward, we are prepared to fight all the way through trial.
Challenging Sex Crime Evidence in Nebraska
Our experienced criminal defense attorneys have handled every level of sex crime allegations, from sexual assaults to possessing child pornography. We have won motions to suppress, dismissal of cases, acquittal at trial and favorable plea agreements by vigorously challenging the prosecution's case.
- Forensic evidence — The presence of DNA, semen or even injuries does not necessarily itself prove guilt. It may indicate nothing more than consensual sex. We challenge forensic evidence and any conclusions drawn by the prosecution and their expert witnesses.
- He said/she said — We closely examine the accuser's motives to falsely accuse our client: jilted lover, jealous husband, looming divorce or custody dispute.
- Electronic evidence — E-mails, text messages, phone calls, Facebook posts and other communications can be used as evidence of a crime, but they can also disprove allegations.
Lincoln and Omaha Sex Crimes Defense Lawyers
Call the Berry Law Firm at 888-822-7079 or contact us online.