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DWI and Criminal Cases

Sexual assault is charged as a crime. The Law Office of Bartholomew Baffuto, Esquire, highly experienced in Defense of New Jersey DWI and Criminal Cases, defends clients against a wide range of criminal charges, including sexual assault.

Disclaimer:  This posting is a general discussion and is not legal advice.  Legal advice can only be had by consulting with an individual attorney about a specific matter.

Understanding the Role of an Alleged Victim in Sexual Assault Cases

If you’re facing sexual assault charges, the most important thing you can do is hire a leading criminal lawyer in New Jersey.  In any criminal case, including sexual assault cases, an alleged victim is considered a witness.  As a witness, their primary role is to provide truthful testimony about the crime. Victims in sexual assault cases have rights that include:

  • The right to be treated with dignity and respect.
  • The right to request a victim advocate. A victim advocate can provide emotional support, information, and help you navigate the legal system.
  • The right to be informed about the progress of the case. This includes receiving notification of court hearings, the defendant’s release, and the outcome of the case.

Can Sexual Assault Charges Be Withdrawn in New Jersey?

In most sexual assault cases, it is the defense rather than the prosecution that seeks to get charges dismissed. Even when an alleged victim of sexual assault wants to drop charges, the prosecutor has the discretion to proceed with a prosecution if the prosecutor believes that he or she can secure a conviction.  This is because a crime is considered an offense against the state and not just the victim. 

Reasons Why Charges May Be Dropped

There are a few reasons why charges may be dropped in sexual assault cases. These reasons include:

  • Insufficient evidence for conviction,
  • An allegedvictim recanting or refusing to cooperate,
  • Concerns about the alleged victim’s credibility or a witness’s reliability,
  • Procedural errors by the police or prosecution, and
  • Faulty forensic testing or chain of custody issues with the handling of evidence.

What to Do If You’re Facing NJ Sexual Assault Charges?

Retain an attorney.  Your attorney will conduct their own investigation of the allegations against you.

An experienced attorney may be able to negotiate with the prosecutor to have charges reduced or dismissed. Your attorney should meticulously develop a defense strategy based on the specific circumstances of your case.

If your case goes to trial, your lawyer will be your advocate, fighting for the best possible outcome. Facing sexual assault charges is a serious matter.  Take action to protect yourself.

If you have been accused of sexual assault in New Jersey, the stakes are high.  Freedom, reputation, and future are on the line.  At the Law Offices of Bartholomew Baffuto, we understand what you’re facing and are prepared to build a robust defense strategy for you. Contact us today for a consultation.

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