We Defend Sex Crime Cases in San Diego
Sex crime cases in San Diego and throughout California, ranging from rape to child molestation, are aggressively defended by the law office of attorney Domenic Lombardo. First, we have a complete understanding of the law enforcement and judicial systems surrounding sex crime cases, and just as important, years of experience of working within these processes. Second, we utilize a combination of our own forensic tools and laboratories and critical analysis of all the evidence recovered to bring to light the alternative explanation. For it is this alternative, which must be based on reason and evidence, yet lies beyond the prosecutor’s interpretation, that can best help a defendant.
With an alternative explanation, held together by evidence and by reason, a jury is legally obligated to adopt it instead of a prosecutor’s interpretation, and find a defendant not guilty. Getting to this outcome is the service we provide at the San Diego law office of Domenic Lombardo.
The steps needed to reach an alternative to the prosecutor’s interpretation are generally as follows.
Evidence Collection
In sex crime cases, and for those of rape especially, law enforcement often fails to conduct a comprehensive examination of the scene and evidence. The police typically will only do as much work as they need to do to confirm a suspect. Unfortunately, the hard work is left to us, the defense lawyer and team of forensic investigators to complete an examination of the evidence in order to prove wrongdoing by another person, not the defendant.
There are many tools used by law enforcement that are also available to a criminal defense attorney that may exonerate someone accused of a sexual assault. As mentioned, we utilize forensic investigators in many cases to pick-up where the police left off. Our law office also works with several different forensic laboratories to test and re-test evidence in sexual assault cases.
Working with Forensic Specialists
The following are examples of how forensic specialists can assist us in obtaining undiscovered trace evidence and evaluating evidence already found:
- Inspect the scene
- Use ultraviolet lights, adhesive lifts, scrapings, alternate light source, and combing
- Conduct DNA recovery and analysis
- Recover saliva and semen
- Photography
In sexual assault cases, the careful collection and preservation of evidence can be especially useful for demonstrating consent, or the presence of a third-party who may be responsible for the assault, or to demonstrate that the complaining witness is actually protecting a third-party.
And, in all cases, we the defense lawyers must critically examine all evidence recovered by law enforcement and subject that evidence to careful inspection to determine what they missed. We review the results of any crime lab test, and, in some instances call to have evidence retested.
Going to Trial
Armed with the details gathered by law enforcement and evidence found from our own investigation, we strive to present to the jury the best alternative to the prosecution’s case. For them, the integrity of the forensic investigation in serious sex crime trials will literally make or break the prosecution’s case. In other words, does the prosecution’s evidence tell a clear and compelling story without any room for an alternative explanation, or has the defense provided an alternative explanation of the evidence that is based in reason?
In cases that offer two interpretations of the evidence, where both explanations are based in reason, the jury is legally obligated to adopt the interpretation favorable to the defense, reject the interpretation favored by the prosecutor, and find the defendant not guilty. In sex crime cases, the alternative explanation leading to a not guilty verdict must be brought to light through a careful, methodical and thorough forensic investigation. And, that is what we strive to accomplish for all sex crime cases brought to our law office.
Do You Have Questions? Contact Us.
The San Diego law office of attorney Domenic Lombardo is available for a free consultation if you are facing a sex crime charge anywhere in San Diego. Do not hesitate to contact us for an expert and experienced advice.
