In this video, filmed just last month, Managing Partner David P. Shapiro discusses the challenges faced by someone accused of sexual assault. Understandably, there will be shame, fear, and embarrassment. But the keys to a successful defense are (a) hiring the best locally experienced criminal defense lawyer possible as early in the process as possible; and (b) stopping the flow of information by keeping your mouth closed and resisting the urge to speak to your accuser and/or law enforcement. 

David points out that you’re not going to win your case on social media, through text messages or through other communications with friends, strangers, the police. Keep your mouth closed. If, for example, the police approach you to discuss the matter, David advises that you tell them you’d prefer they communicate with your attorney. Nothing more. 

There is an exception to the “don’t say anything” rule. It relates to what is known as a “controlled call” or “pretext call.” You may be contacted by the accuser, a friend or someone you trust, or a stranger. The police may well be listening in. The caller will ask you why you committed the crime you are accused of. If you say nothing, the prosecutor may try to use your lack of a denial as an “adoptive admission” that you committed the offense. But the solution is simple: refer them to your attorney for any comment.

Finally, David discusses the difference between a preliminary hearing and a trial . He points out that with the right attorney representing you, a preliminary hearing can, in some cases (a) lead to a dismissal of the case before trial, and/or (b) provide valuable information, in the form of testimony from the accuser and others, that can be useful to your defense at trial.

It is never the time to “wait and see,” “sleep on it,” or “hope” things just go away when facing criminal charges, especially sexual assault allegations. Protect Your Freedom. Protect Your Future. Know Your Rights! Contact our Firm to speak to an experienced member of our team who can help you get started regaining control of the situation.

November was quite the month for our team, inside the office, courtroom, and San Diego community! We had four main events where the team got together to celebrate and support each other and the community, and simply have a great time.  

We opened the month at San Diego Magazine’s Celebrating Women Event. For the 3rd consecutive year, the Firm came out to support Associate Attorney Ally Keegan, who was a finalist for Rising Star in the Legal Division. Less than one week later, on November 8, the 3rd Annual San Diego Attorney Alliance (SDAA) Soiree brought the team to Coasterra, overlooking San Diego Bay. Our Managing Partner & Founder, David P. Shapiro, is also a tri-founder of SDDA along with attorneys David Munoz and Puja Sachdev. This year’s featured nonprofit was the Alma Future Foundation. November 10 was Epic Fighting 55, featuring some of the best amateur Mixed Martial Arts (MMA) fighters in the region. The Firm has been a sponsor of these quarterly events since the Spring of 2022. Friday, November 17, brought the team to “the Sports Arena” for an old school American Hockey League battle between the San Diego Gulls and Carolina Checkers. The Gulls lost, but the LOODPS team had a great time nonetheless in the “Perch Suite.” December’s events include a group outing to see the Nutcracker, a holiday luncheon at Mister As, et al.  

Happy Holidays!