The San Jose Mercury News reports that a registered sex offender has been arrested for suspicion of sexual assault after he was taken into custody after allegedly assaulting an acquaintance. The alleged assault took place near the Plant shopping center in the early afternoon of Saturday, May 17. The suspect is being held without bail and is accused of violating conditions of his parole. He was living in a nearby facility that houses formerly homeless people and assists them with job placement and offers other forms of support, according to KTVU News.
Michael Garcia is registered as a California sex offender. One of his convictions was for performing lewd or lascivious acts with a child under 14 years of age. While Garcia may be facing serious criminal charges and the court of public opinion may convict him as a result of his past conviction, he is innocent until proven guilty beyond a reasonable doubt.
Though details of the case are still emerging, the public should remember that a suspect's constitutional rights are paramount in all cases but especially in sex crimes cases. Jumping to conclusions may impair a suspect's rights and due process may suffer. An experienced criminal defense attorney can still provide a robust and effective defense in such cases but a person's reputation can be irrevocably damaged even if they are the victim of false accusations. Simply because someone is a registered sex offender does not necessarily indicate that they are guilty of a new sex crime. Everyone deserves fair treatment and a rigorous defense of their rights.