When facing a serious sex crime allegation, understanding how the prosecution thinks can be a significant advantage.
Before becoming criminal defense attorneys, Scott Simmons and Dan Wagner spent decades working inside the Orange County District Attorney’s Office. Together, they have more than 56 years of experience as former Orange County prosecutors and have conducted more than 200 jury trials.
Today, they use that experience to defend people facing serious criminal allegations. For someone searching for a Sex Crimes Defense Attorney in Orange County, CA, that prosecutorial background can provide valuable insight at nearly every stage of a case.
Understanding How Prosecutors Evaluate a Case
Before criminal charges are filed, prosecutors must review the available evidence and determine whether to move forward.
Former prosecutors have firsthand experience with that process.
They understand what prosecutors look for in police reports, witness statements, digital evidence, forensic evidence, and interviews. They also understand which weaknesses can create questions about whether a case should be filed or whether particular charges can be proven.
Simmons & Wagner explains that their previous prosecutorial experience helps them understand how the Orange County DA’s Office evaluates cases, determines whether to file charges, and identifies evidence it believes can support prosecution.
Anticipating the Prosecution’s Strategy
A defense attorney should not simply react to each piece of evidence as the case progresses. Building an effective strategy requires anticipating what prosecutors may do next.
That can mean identifying which witnesses the prosecution is likely to rely on, understanding how particular evidence may be presented, and recognizing which aspects of the case could receive the greatest attention at trial.
Simmons & Wagner’s experience includes prosecuting serious criminal cases in Orange County. Scott Simmons spent 30 years with the Orange County District Attorney’s Office and completed 118 jury trials, including sexual assault cases. Dan Wagner worked as an Orange County prosecutor for 26 years and conducted more than 80 jury trials.
That experience provides a perspective developed from actually preparing and presenting criminal cases from the prosecution’s side.
Recognizing Weaknesses Before Trial
Knowing how prosecutors build cases can also help a defense attorney determine where those cases may be vulnerable.
A sex crime defense may involve examining:
- Inconsistent witness statements
- Text messages and social media communications
- Problems with digital or forensic evidence
- Gaps in the alleged timeline
- Search and seizure issues
- Questions surrounding consent or identification
- Evidence that provides additional context
Simmons & Wagner describes its approach as examining how prosecutors construct their theory of a sex crime case and then challenging assumptions, weaknesses, and gaps within that theory.
The goal is not simply to identify evidence that looks favorable to the prosecution. It is to understand how that evidence fits together and whether it can actually prove the charged offense.
Local Experience Matters Too
Criminal law applies throughout California, but every local court system has its own procedures, personnel, and practices.
Attorneys who spent decades prosecuting cases in Orange County have direct familiarity with how criminal cases move through the local system. Simmons & Wagner notes that their experience includes investigating, evaluating, filing, negotiating, and trying cases within Orange County.
That local perspective can help the defense anticipate how a case may develop and determine when to challenge evidence, negotiate, or prepare for trial.
Experience From Both Sides of the Courtroom
Sex crime allegations can threaten a person’s freedom, reputation, career, and future. Choosing the right attorney means looking beyond who simply handles criminal cases.
A Sex Crimes Defense Attorney in Orange County, CA should be prepared to examine the evidence, understand the prosecution’s strategy, challenge weaknesses, and take the case to trial when necessary.
Scott Simmons and Dan Wagner spent decades prosecuting serious cases before becoming defense attorneys. If you are under investigation or have already been charged with a sex crime, contact Simmons & Wagner to discuss your case and learn how their experience on both sides of the courtroom can help build your defense.