Sex Crime Lawyer | Charlottesville, Virginia

If you believe there might be the slightest chance you’re being investigated for a sex crime or UVA Title IX sexual misconduct charge, don’t say another word to anyone.  Call us immediately. We can help.

Many people think they can talk their way out of a difficult situation. That’s the last thing you want to try. The police and investigators are experts at getting you to say things that can be held against you later. Losing your freedom or seriously damaging your future is a devastating experience.

Andre A. Hakes – Criminal Defense, Sex Crimes Attorney

Contact us today for an Initial Consultation – It’s the first step to protecting yourself.

Sample results from Ms. Hakes’ criminal defense of sex cases

[The results obtained under one set of circumstances cannot be a predictor of future results.]

• Judge Declares Mistrial in UVA Sexual Assault Case (Prosecution Drops Case) – Daily Progress
• Rape Case Dropped Against Former Church Deacon – Daily Progress
• Not Guilty Verdict in Rape Trial – Albemarle County Circuit Court
  
• Ex-Charlottesville Youth Pastor to Serve Only 30 Days for Sexual Abuse – Daily Progress
  
• Man Not Guilty in Augusta County Rape Trial – The News LeaderFive frequently asked questions about VA sex crime charges:
  

1. The police asked me to come down to the station and just talk with them.  Should I?

Do not speak with the police until you have an attorney. Miranda rights don’t apply until you are actually in custody or arrested. To avoid them, the police “ask” you to come down to the station “voluntarily” to “clear things up.” They put you in a little room with hidden cameras and microphones, where you are being videotaped without your knowing it. 

They use psychological interrogation techniques to get you to say things that may hurt you later in court. They are allowed to lie to you. You are not allowed to lie to them. How do you protect yourself? Don’t talk. Get a lawyer.

2. How serious is a sex offense charge?

It is easy to accuse someone of rape or child sexual abuse, and such an accusation can make your life a living hell. It is a favorite tactic in high dollar divorce cases to accuse the now-despised ex in order to gain custody or financial advantage. It can also be a “manufactured” crime, in which a fearful or hyper-vigilant parent willfully or even unintentionally leads a young child by repeated questioning to “remember” something that never happened. 

If you are innocent, you will need all your reserves of strength and courage to live through the next year. You will also need a lawyer with experience and first-class trial technique to battle against career prosecutors who make their life’s work out of these cases, and have never heard of “innocent”.  

With the sex offender registry and involuntary civil commitment laws in Virginia, sex cases have become the  high-stakes criminal trials of our time.

3. Should I contact an attorney if I am under investigation but have not been charged?

Absolutely. Representation at an early stage in a case can sometimes prevent charges from being filed. Also, having had an attorney early, during the pre-charging investigation, can greatly increase your chances of winning in court if you are charged later. 

4. I’m being accused of sexual misconduct at the University of Virginia.  What can I expect:

I have seen a lot of sexual misconduct cases out of UVA. The procedures followed in those hearings are not fair, and not what we are accustomed to in judicial proceedings in this country.

a. Right to be Silent: Your “right to be silent” is otherwise known as your 5th amendment privilege against self-incrimination. The UVA proceedings are separate from, but not exclusive, criminal charges. That means if you testify in the UVA case (which almost always boils down to he said/she said), then anything you say there can be used to prosecute you for a crime. Double jeopardy does not correct this. But if you don’t defend yourself, then there is no he said/she said. There’s just she said.

b. Right to Counsel: Sure, you can have an attorney at the UVA proceedings. I can sit right at the table beside you — I just can’t SAY anything. Literally — I can’t SPEAK (aside from whispering in your ear) during the proceedings. “While the advisor may provide support and advice to a party at the Hearing, the advisor may not speak on behalf of the party or otherwise participate in, or in any manner disrupt, the Hearing. The University reserves the right to remove any individual whose actions are disruptive to the proceedings.” 

c. Cross-Examination: Sure, you can cross-examine witnesses at your hearing. Sometimes your attorney can do it for you, but sometimes you have to do it yourself.  What’s that? You want to ask the Complainant a Question? Oh, no no no. You have to write down your “suggested” questions, and submit them to the hearing chair, and he or she will decide whether or not to ask them.  Even if you have to cross-examine the Complainant yourself, an attorney can help you draft the questions, and steer clear of landmines.

d.  Jury of your Peers: Come right in and sit down in front of the “Decision Maker “who is hired by UVA to protect their federal funding, by finding more people like you guilty than they used to back in the day. But hey, if you don’t like the result of this Star Chamber process, surely you can appeal it at the end to a REAL court, right? Oops. No, you can’t. UVA is the final word.”

e. Standard of Proof: Surely, they have to prove you did whatever you’re accused of “Beyond a Reasonable Doubt”, right? Nope. The standard that applies is “Preponderance of the Evidence”. That’s not even “Clear and Convincing” — it’s just basically 51%. More likely than not.

I’m not a fan of the Good Ol’ Boy system, but as an attorney, I am a BIG fan of Constitutional Due Process. We are ruining kids’ lives here – and surely given the DNA exonerations in the criminal process, which HAS all these protections — surely SOME of the kids whose lives we are ruining are innocent.

5. What is your fee structure?                                                                           

We usually handle felony sex offense and pornography cases on an hourly basis. Some misdemeanors can be done with a flat fee. We will often be able to talk to you on the phone and you an estimate. In some cases, we may need to meet with you or your family and gather further information before we can provide you with an estimate. We do consultations at an hourly rate.

At the end of the consultation, we can determine the appropriate fee structure for your case, and you can evaluate our services and decide if you want to hire us to defend your case. We accept all major credit cards to assist with payment.

Your Next Step:

Contact us today – We’re ready to help.

We have four offices conveniently located in Charlottesville, Palmyra (Across from Food Lion), Harrisonburg, and Staunton, Virginia.