Miami Police have announced that one of their officers, Luis Hernandez, was arrested and charged with armed kidnapping and armed sexual battery by a law enforcement officer, both extremely serious charges. The arrest is the result of an investigation by the Internal Affairs Section. Although the police have released very little information about the background of the case, it has been reported that the charges are related to an incident that is alleged to have taken place in 2010 in which a woman was arrested after a bar fight. Officer Hernandez had the duty of transporting the woman to jail. The woman later reported that the officer stopped his vehicle, and sexually assaulted her. She is an undocumented alien. The officer is currently being held without bond, and could be facing very heavy penalties, beyond the total loss of his career and reputation if he is convicted.
When a police officer is accused of a crime, the first step is always an internal investigation. When it is determined that enough evidence is present to substantiate the accusations, criminal charges will be filed. Cases involving accusations of sexual assault can be exceptionally difficult, as there may not be any witnesses to the alleged incident. Any police officer or other individual serving in a government position that is accused of a sexual crime faces extremely serious consequences. This includes teachers, police, doctors, and members of the clergy, among others.
It is imperative that the justice system functions as envisioned by our country's founders. You are innocent until proven guilty, and the burden of proof lies with the prosecutor. Whether or not the incident occurred as reported, any accused individual has the right to an attorney. Make sure you have an experienced trial attorney on your side if you are serving in a position of authority and accused of committing any criminal offense. Your future will depend upon the defense actions taken on your behalf.
At the Law Office of Michael Mirer, P.A., the founding attorney is a former prosecutor that has focused his private practice on defending the criminally accused. Contact us today if you need powerful defense in Miami-Dade.