A sexual assault accusation can upend a person’s life before a single charge is ever filed. Reputation, career, and family relationships can be affected the moment an allegation surfaces, and the choices made in the first hours and days often shape everything that follows. Understanding what to do, and what to avoid, early on is one of the most important steps anyone facing this situation can take.
Why Experience With These Cases Matters
Sex offense cases in Maryland range widely in severity, from lower-level misdemeanor charges to the most serious felony allegations. An attorney who regularly handles this type of case, from investigation through trial, understands how these matters typically unfold and what the prosecution will look for at each stage.
A thorough defense goes beyond reacting to what the state presents. It involves visiting the location where the alleged incident occurred, reviewing the physical evidence early, and using the available legal tools to gather witness statements, video footage, and phone records before the case takes shape. It also means starting preparation with the end in mind, by reviewing the relevant jury instructions and case law from the outset, and consulting with outside experts when a case calls for it. Clients also work directly with their attorney from the first call through resolution, with no handoffs to associates along the way. Learn more about how Howard Greenberg approaches criminal defense cases throughout Maryland.
The First Steps After You Learn You Are Accused
Even before any formal charge is filed, a few early decisions matter more than almost anything else that happens later in the case:
- Do not contact the accuser by text, phone, social media, or in person. Any communication after an accusation surfaces can be used against you later, regardless of intent.
- Do not delete anything from your phone or computer, even messages that seem unhelpful to your case. Screenshot every communication with the complainant and preserve it. What to do with prior communications is a conversation to have directly with your attorney, not a decision to make alone.
Investigators may also reach out directly, sometimes informally, to ask for “your side of the story.” Speaking with police without an attorney present is one of the most common and costly mistakes people make in these cases. The right approach is to say nothing and call a lawyer immediately, allowing counsel to handle all communication with law enforcement going forward. To understand your full range of options, schedule a confidential consultation before speaking with investigators.
What Happens During an Initial Consultation
An initial consultation typically begins with a review of the police report, when one is available. From there, the conversation moves to the full background of any relationship between the client and the accuser, followed by an account of events from the client’s own perspective, separate from how the incident is described in the police report. This groundwork is what allows a defense strategy to begin taking shape from day one.
A small number of early missteps account for most of the damage seen in these cases before an attorney is ever involved:
- Speaking directly with police without legal representation
- Continuing to communicate with the accuser after an allegation surfaces
- Deleting texts, photos, or other information from a phone or computer
Avoiding these three actions alone can preserve options that are otherwise lost permanently.
Building a Defense Strategy
A strong defense starts with a working theory of the case, one that addresses the central question every defense attorney has to answer: why would the complainant tell this story if it isn’t true? Once that theory takes shape, the search for supporting evidence begins. Several types of evidence tend to matter most:
- Social media activity and witnesses, such as the complainant’s former partners, who may speak to motive
- Timelines and text messages, which are often central to raising reasonable doubt
- Witness accounts describing the complainant’s behavior in the hours, days, or months after the alleged incident, such as attending social events, since there are frequently no witnesses to the incident itself
A strong defense also requires bringing counsel in as early as possible, since developing an effective strategy takes months, not weeks. Out-preparing the prosecution is often what determines the outcome, and that is only possible when the attorney, client, and any witnesses work together to build a coherent, fact-based counter-narrative well before trial.
Your Rights and What to Expect From the Legal Process
If police want to question you about an allegation, you have the right, and hopefully the resolve, not to talk to them. You can also decline a polygraph test, which detectives often offer as part of an investigation. These rights apply whether or not you have been formally charged, and exercising them is not an indication of guilt. Anyone facing sex crime allegations in Maryland should speak with an attorney before answering any questions from investigators.
From there, the path from accusation to resolution can take months. A discovery period follows, during which the prosecutor and defense counsel exchange information under the standard procedures that apply to any Maryland criminal case. Depending on the specifics of the case, this can include:
- A motion to compel disclosure of information the defense is entitled to
- A suppression motion hearing
- Motions in limine, such as those relating to Maryland’s rape shield law
The case then concludes through dismissal, a plea agreement, or trial.
What to Do Next If You’ve Been Accused
The most important advice for anyone who has just learned they are being accused is simple: retain counsel immediately, and say nothing to police or the accuser until you have done so. The guidance in this article reflects general principles and does not apply to the specific facts of any individual case. Every situation is different, and only a direct conversation with an attorney can determine how these principles apply to your circumstances. To discuss your situation confidentially, contact Howard Greenberg, Attorney at Law, to schedule a consultation and understand your next steps.