Southern California Defense Blog

State law makers and local police are looking to keep convicted sex offenders from online social networks such as MySpace and Facebook, where authorities said sexual predators now roam looking for victims. As minors continue to flock toward social sites such as MySpace and Facebook, so do sexual predators who are looking for victims, officials said. Just as minors are protected from convicted sex offenders in places such as schools and parks, they must too be protected from the cyber world where they socialize.

If you are a registered sex offender in Southern California, or if you are facing a charge that may carry with it the requirement that you register as sex offender, this development should concern you. California Penal Code Section 290 is the law that requires those convicted of certain enumerated offenses to register for LIFE as a sex offender. However there are things that can be done to terminate the requirement to register in California. One such method is to obtain what is called a Certificate of Rehabilitation.

Obtaining a Certificate of Rehabilitation is complicated process which should be undertaken with the guidance of an experienced Southern California criminal defense attorney. We here at Wallin & Klarich can guide you through that process. We have been helping criminal defendants for over 30 years. Call us at (888) 280-6839 or visit us at www.wksexcrimes.com and reads our section on Certificate of Rehabilitation for more information. We will be there when you call.

The California Court of Appeals recently ruled that the defendant in a sex crimes case did not unlawfully fail to register as a sex offender because the least adjudicated elements of her Kentucky offense did not amount to a registrable offense in California.

In In re Rodden, 2010 D.A.R. 8428, the Petitioner was charged with failing to register as a sex offender in California. The Petitioner was convicted in Kentucky for the sex crime of facilitating sodomy. The Petitioner was put on probation and did not have to register as a sex offender in Kentucky. The Petitioner then moved to California where she did not register as a sex offender.

In California, an out-of-state conviction requires a defendant to register as a sex offender in California only when the least adjudicated elements of the offense satisfy all of the elements of a crime enumerated in subdivision (c) of section 290 or when the foreign jurisdiction required the defendant to register as a sex offender.

Here, the trial court found that the Kentucky crime was comparable to California Penal Code Section 266j. Section 266j provides: “Any person who intentionally gives, transports, provides, or makes available, or who offers to give, transport, provide, or make available to another person, a child under the age of 16 for the purpose of any lewd or lascivious act as defined in Section 288, or who causes, induces, or persuades a child under the age of 16 to engage in such an act with another person, is guilty of a felony . . . .” Based on the trial court’s determination that the Kentucky crime was comparable to a California crime, the petitioner entered a plea of guilty.

On appeal, the court found that the Kentucky crime was not comparable to the California crime. The Kentucky crime did not satisfy all of the elements under California Penal Code 266j. The Petitioner was not required to register as a Sex Offender in Kentucky. Therefore, the Petitioner’s guilty plea was vacated.

This case illustrates the importance of having an experienced Los Angeles sex crimes attorney on your side. If you were convicted of a sex crime in another state, it is not an automatic requirement that you must register in California. It is critical that you speak with an experienced sex crimes attorney who can go through each elements of the crime you were convicted of and compare it to a California crime.

At Wallin & Klarich, our Southern California sex crime attorneys have over 30 years of experience. We have defending all types of sex crimes and we can help you. Call us today at (888) 280-6839 or contact us through our website at www.wksexcrimes.com. We will be there when you call.

Under California Penal Code Section 261, rape is defined as an act of sexual intercourse with a person who is not the spouse of the perpetrator. Rape can be accomplished in a number of different ways. Penal Code Section 261(a) lists the different circumstances under which a rape charge can result.

Another type of rape that can be charged is when the sexual act is accomplished by force, violence, duress, menace, or fear of immediate bodily injury on the alleged victim or another.

Section 261(a)(1) states that rape can occur where the sexual act is accomplished against the alleged victim’s will by means of force, violence, duress, menace or fear of immediate and unlawful bodily injury on the person or another.

In this sense, the prosecution must prove that the defendant used some sort of force or threat of force in order to accomplish the sexual act.

“Duress” means a direct or implied threat of force, violence, danger, or retribution sufficient to coerce a reasonable person of ordinary susceptibilities to perform an act which otherwise would not have been performed, or acquiesce in an act to which one otherwise would not have submitted. The total circumstances, including the age of the victim and his or her relationship to the defendant, are factors to consider in determining the existence of duress.

“Menace” means any threat, declaration, or act which shows an intention to inflict an injury upon another.

If you or a loved one has been charged with rape, it is important that you talk to an experienced criminal defense attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of rape cases. Call us today at (888) 280-6839 or visit us on our website at www.wksexcrimes.com. We will be there when you call. Read our next blog as we will cover another area of rape.

It was recently reported in the OC Register that an Anaheim pastor was sentenced to six years in state prison for molesting four girls in his congregation. Jose Rama Campoverde, 46, entered a plea of guilty to one felony count of lewd acts with a minor, five felony counts of lewd acts on a child, two misdemeanor counts of child annoyance, and a sentencing enhancement allegation for lewd acts on multiple children.
Under California Penal Code Section 288, any person who willfully and lewdly commits any lewd or lascivious act upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony and shall be punished by imprisonment in the state prison for three, six, or eight years. Being convicted of this crime will also result in mandatory sex offender registration under the Sex Offender Registration Act pursuant to Penal Code 290. This registration requirement lasts a lifetime.
If you or a loved one is facing a sex crimes charge, it is important that you speak with an experienced sex crimes attorney. At Wallin & Klarich, our Orange County sex crimes attorneys have over 30 years of experience. We have defended all types of sex crimes cases and we can help you. Our attorneys are aggressive and passionate. We will fight to get you the best possible result in your case. Call us today at (888) 280-6839 or contact us through our website at www.wksexcrimes.com. We will be there when you call.

According to ESPN, Former NFL star Lawrence Taylor entered a plea of not guilty to charges of statutory rape and solicitation in a New York court. Taylor is accused of soliciting a prostitute in a case involving a 16-year-old runaway girl. Prosecutors say Taylor paid the 16-year-old girl $300 to have sex with him. The next court hearing is set for August 24, 2010 for a preliminary hearing.

A preliminary hearing requires the prosecution to present evidence to convince the judge that there is sufficient evidence to have Lawrence Taylor stand trial. The prosecution must show probable cause that Lawrence Taylor committed the crime for which he is accused.

If convicted, Taylor will be penalized under New York law. However, if this case was being prosecuted in California, Penal Code Section 261.5 states that unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor. A minor is a person who is under the age of 18 years. Taylor would be facing up to three years in prison and a fine of ten thousand dollars ($10,000) on the statutory rape count in California.

If your or a loved one is facing a sex crimes charge, it is important that you speak with an experienced Southern California sex crimes attorney. At Wallin & Klarich, our Southern California sex crime attorneys have over 30 years of experience in handling all types of sex crimes, including rape cases. Our attorneys will be able to immediately start on your case and fight to get you the best possible result. Call us today at (888) 280-6839 or contact us through our website at www.wklaw.com. We will be there when you call.

A Chico man who plead guilty to burglary with intent to commit unlawful sexual penetration was placed on probation and his prison sentence was stayed. He faced up to six years in state prison.

According to defendant Jeremy Hoptowit, 28, after a night of playing poker with friends, he broke into a house while intoxicated. The victim, a resident of the house, claimed that Hoptowit pushed her onto a bed and groped her under her dress. The victim stated that she resisted and Hoptowit fled. He was eventually apprehended by police.

Under California Penal Code sections 459 and 460(a), a person who enters a residence with the intent to commit a felony is guilty of first degree burglary. Under California Penal Code section 289(a)(1), a person who commits sexual penetration by means of force and against the victim’s will is guilty of a felony.

Hoptowit was a volunteer and coach at a local school and had over 50 letters in support from Chico residents. He had no prior criminal record.

The sentencing judge stated that because of Hoptowit’s lack of a prior criminal record, the unusual circumstances of the case indicated that probation was appropriate.

The victim and the district attorney both urged the judge to give Hoptowit the harshest punishment possible. Several prison officials also recommended imprisonment, but a prison psychologist opined that Hoptowit was not likely to reoffend and recommended probation.

Hoptowit is required to register as a sex offender under Megan’s Law, California Penal Code section 290, and any violation of his probation terms may result in a prison sentence.

If you or someone you know has been accused of a sexual assault, you will need a competent defense attorney who will present all relevant facts to the court in order to get the best result possible. At Wallin & Klarich, we have over 30 years defending a variety of criminal cases, including sex offenses. Call us today at (888) 280-6839 or visit us on our website at www.wklaw.com. We will be there when you call.

In United States v. Comstock, No. 08-1224, the United States Supreme Court recently held that the federal government properly has power under the “Necessary and Proper Clause” to enact a civil commitment statute for “mentally ill, sexually dangerous” federal prisoners, maintaining them in custody beyond the expiration of their criminal sentence.

The civil commitment statute, 18 U.S.C. § 4248, requires a federal prisoner who has been convicted of a sexual violent crime to remain in federal custody even after the prison sentence expires if the prisoner is deemed to be sexually dangerous to others. This means that a sex offender can potentially remain in federal custody for the rest of his or her life, even if they finished the prison term that was sentenced.

In Comstock, five respondents challenged the U.S. Department of Justice’s efforts to civilly commit them to federal custody. The respondents prison term was about to end and they were about to be released. The government wanted to keep them in custody pursuant to the civil commitment statute.

Civil commitment is even harsher because the prisoners can be deemed sexually dangerous to others for any reason. The reasons do not have to relate to the federal crime that the prisoner committed. The government need only prove these claims by “clear and convincing evidence.”

California has a similar civil commitment statute under Welfare & Institutions Code Section 6600. The main difference is that the prisoner would be kept under state custody instead of federal custody.

The consequences of committing a sex crime in California are serious. If you commit a sex crime in California, you are at risk of facing state and federal charges. A conviction in either state or federal court could result in you being in custody for the rest of your life.

If you or a loved one is facing a sex crime charge, it is critical that you speak with an experienced sex crimes attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling sex crimes cases. Our attorneys will aggressively fight to defend your rights. We will fight any attempt from the government to keep you in custody pursuant to the civil commitment statute. Call us today at (888) 749-0034 or contact us through our website at www.wklaw.com. We will be there when you call.

On May 7, 2010, it was reported that Anaheim authorities had broken up an encampment of about 40 paroled sex offenders, who had parked along a street in front of a parole office in Anaheim. Anaheim is a city in Orange County, California, and as of January 2009, it’s population was approximately 350,000. The city anticipates that the population will surpass 400,000 by 2014 due to rapid development in its Platinum Triangle area, was well as Anaheim Hills. Anaheim, the second most populous city in Orange County, is known as the home of Disneyland, the Anaheim Convention Center, and the Anaheim Angels.

Sex Offender registration, under California Penal Code section 290, is a system in California designed to allow government authorities to keep track of the residence and activities of prior sex offenders, including those who have completed their criminal sentences. In California, information in the registry is made public via a website, or other means, and registered offenders are subject to additional restrictions, including housing. Those on parole, or probation, may be subject to restrictions that don’t apply to other parolees, or probationers. Sometimes these restrictions include restrictions on being in the presence of minors, living in proximity to a school or daycare, or using the internet. What most people don’t know is that certain types of offenders can be removed from having their picture on the internet, if they were convicted of certain types of offense.

At Wallin & Klarich, our knowledgeable and aggressive Anaheim criminal defense attorneys have been defending the rights of those accused of sex offenses for over 30 years. If you, or a loved one, are being accused of a sex crime, the time to act is now. Call Wallin & Klarich at 888-280-6839, or visit www.wklaw.com for more information about how we can help you with your case.

It was recently reported by CBS that Tonya Craft, a Kindergarten teacher charged with 22 counts of child molestation, aggravated sexual battery, and aggravated child molestation, has been found not guilty on all counts. The 37-year-old teacher from Chickamauga Elementary School was accused of molesting three girls between August 2005 and May 2007. Prosecutors alleged that Craft would molest the girls by fondling and digitally penetrating them. Police had arrested Craft at her home, were it was alleged the three girls where molested.

Similarly in California, sexual assault against a minor is a very serious crime. Under California Penal Code section 288(a), it is against the law to for a person to commit lewd or lascivious acts on a child who is under the age of 14 years old with the intent to arouse, appeal, or gratify the sexual desires of the person or of the child. A lewd or lascivious act is defined as any act that constitutes a crime against the person involving sexual assault; for example, unlawful sexual intercourse. Violation of Penal Code section 288(a) is punishable as a felony and will result in state imprisonment. More importantly, under California Penal Code section 290, if a person is found guilty of Penal Code section 288(a), the person will be subject to lifetime sex offender registration. This means that a person, for the rest of their life, while living in California, must register with the local police their current residence and whereabouts. Failure to register will result in severe penalties and imprisonment.

If you or a loved one is facing charges of sexual assault on a minor, contact our Southern California Sex Crimes attorneys at Wallin and Klarich. Wallin & Klarich will help protect your rights and find the best defense strategy for your case. For over 30 years, our attorneys have been helping clients stay away from lifetime registration and helping clients get probation or community service in lieu of jail time. Please call us at (888) 280-6839 or visit our website at www.wklaw.com. We will be there when you call.

It was recently reported that a person’s prison time can be extended beyond what he or she was sentenced to in order to be committed as a sexually violent predator. David Lucas, a labeled child predator, was in prison serving a seven-year sentence for failing to register as a sex offender and was scheduled for release on parole on October 12, 2008. On December 21, 2007, corrections personnel completed a sexually violent predator screening and determined that Lucas met the criteria as a sexually violent predator. Eleven days before Lucas’s parole release date, the Parole Board placed a 45-day hold on Lucas in order to submit Lucas to a mental evaluation. Lucas challenged his extended hold by arguing that there was no showing of good cause to keep him in custody beyond October 12, 2008.

Under California Welfare and Institutions Code Section 6600, when a person is serving a determinate prison sentence in state prison for a violent sex crime, the State Department of Corrections and Rehabilitations can screen that individual to determine if he or she is a sexually violent predator. If it is determined that the person is a sexually violent predator, he or she will be referred to the Department of Mental Health and evaluated by two psychologists to determine whether or not he or she is likely to be a danger to society if released at the end of his or her prison term. Under Welfare and Institutions Code Section 6600.3, upon a showing of good cause, the Parole Board may place a 45-day hold on the person in order to conduct a mental health evaluation. In other words, a person can be held in custody even after his or her prison term has ended.

Continue reading "How Being Classified As A Sexually Violent Predator Can Extend A Prison Sentence And How an Experienced Southern California Sex Crimes Attorney Can Help You – California Welfare Institutions Code 6600 and 6601.3" »

It was recently reported that Lawrence Taylor, better known as “LT” during his playing days as an NFL linebacker for the New York Giants, was arrested and charged with felony third-degree rape and misdemeanor patronizing a prostitute in New York. In New York, third-degree rape involves sex with a minor below the age of 17. Taylor is facing a total of five years in prison if convicted of both sexual assault charges.

Taylor spent his entire NFL career with the New York Giants from 1981 to 1993. He is credited with revolutionizing the defensive game in the NFL, earning 10 Pro-Bowl selections, two Super Bowl championships, and countless individual accolades throughout his 13 years in the NFL. He was elected to the NFL Hall of Fame in his first year of eligibility and had his #56 retired by the Giants.

However, Taylor’s life has been plagued by trouble for more than half his life. He admitted to being addicted to cocaine since his second year in the NFL, back in 1982 and acknowledged he was a patron of prostitutes since his playing days. After he retired in 1992, he was spending thousands of dollars per day on cocaine, leading to two trips to rehab in 1995. Despite his attempts to stay sober, he was arrested twice for trying to buy cocaine from undercover officers. However, he was believed to be clean and sober since 1998. His newfound sobriety earned him endorsements from nutrition companies such as Nutrisystem and appeared as a contestant on Dancing with the Stars in 2009, endearing himself to the public. However, in light of his recent arrest, he was dropped as a spokesperson for Nutrisystem.

If you or a loved one has been convicted of a sex crime and is facing time in state prison, contact the Southern California criminal defense attorneys at Wallin and Klarich. Wallin & Klarich will help protect your rights and find the best defense strategy for your case. For over 30 years, our attorneys have been helping clients get probation or community service in lieu of jail time. Please call us at (888) 280-6839 or visit our websites at www.wklaw.com and www.wksexcrimes.com. We will be there when you call.

It was recently reported that a person’s prison time can be extended beyond what he or she was sentenced to in order to be committed as a sexually violent predator. David Lucas, a labeled child predator, was in prison serving a seven-year sentence for failing to register as a sex offender and was scheduled for release on parole on October 12, 2008. On December 21, 2007, corrections personnel completed a sexually violent predator screening and determined that Lucas met the criteria as a sexually violent predator. Eleven days before Lucas’s parole release date, the Parole Board placed a 45-day hold on Lucas in order to submit Lucas to a mental evaluation. Lucas challenged his extended hold by arguing that there was no showing of good cause to keep him in custody beyond October 12, 2008.

Under California Welfare and Institutions Code Section 6600, when a person is serving a determinate prison sentence in state prison for a violent sex crime, the State Department of Corrections and Rehabilitations can screen that individual to determine if he or she is a sexually violent predator. If it is determined that the person is a sexually violent predator, he or she will be referred to the Department of Mental Health and evaluated by two psychologists to determine whether or not he or she is likely to be a danger to society if released at the end of his or her prison term. Under Welfare and Institutions Code Section 6600.3, upon a showing of good cause, the Parole Board may place a 45-day hold on the person in order to conduct a mental health evaluation. In other words, a person can be held in custody even after his or her prison term has ended.

If you or a loved one has been convicted of a sex crime and is facing time in state prison, contact the Southern California sex crimes attorneys at Wallin and Klarich. Wallin & Klarich will help protect your rights and find the best defense strategy to prevent you from being civilly committed as a sexually violent predator. For over 30 years, our attorneys have been helping clients get probation or community service in lieu of jail time. Please call us at (888) 280-6839 or visit our websites at www.wklaw.com and www.wksexcrimes.com. We will be there when you call.

At Wallin & Klarich, we handle a number of child molestation cases. If you or a loved one is charged with child molestation, it is important to speak with an experienced attorney who is knowledgeable on child molestation laws. The statute of limitations does not bar the defendant’s prosecution on child molestation charges under Section 288 charges because the one-strike provision of Penal Code Section 667.61 makes this offense punishable by life imprisonment. This allows the prosecution to still charge the crime even if it has passed the six-year statute of limitations. (People v. Perez, (Feb. 24, 2010, No. H033386.) The court held that section 667.61 is not an enhancement but is an alternate penalty scheme that, when charged, defines the length of imprisonment for the substantive offense.

In Perez, the defendant was charged with four counts of committing a lewd or lascivious act on a child by force or fear in violation of Penal Code section 288(b)(1) that occurred fifteen years ago. Each of the four charges named a different victim. The information also alleged that the defendant fell under the alternative and more severe punishment scheme set forth in Penal Code section 667.61. The jury found him guilty of three counts of section 288(b)(1), and the court sentenced the defendant to 45 years to life in a state prison. On appeal, the defendant argued that since section 288(b)(1) was punishable by imprisonment for eight years or more, his prosecution should have been commenced within six years after commission of the alleged offenses.

The court found that Penal Code section 799 provided that when an offense was punishable by death or imprisonment in state prison for life, the defendant’s prosecution for such offenses might be commenced at any time. Although the maximum punishment for a violation of section 288(b)(1) was eight years in prison, the offender who suffered his conviction pursuant to an alternative penalty scheme under section 667.61(e)(5) against more than one victim was subject to a life sentence. Thus, he was subject to the life-term provision of Penal Code section 799, and it was permissible to commence a criminal prosecution fifteen years after he committed these crimes.

It is essential to contact an experienced criminal defense attorney who can provide clarity and quality representation in your sentencing matter. Wallin & Klarich has over 30 years of experience in handling child molestation cases. Call (888) 280-6839 to speak to one of Wallin & Klarich’s aggressive and experienced child molestation attorneys in California today. Please visit us at www.wklaw.com. We will be there when you call.

On April 30, 2010 it was reported that an Aliso Viejo man was convicted by a jury of secretly videotaping young girls as they changed out of bathing suits during a pool party at his Aliso Viejo home. The jury also found that the man engaged in inappropriate sexual activities with another 16 year old dance student. Aliso Viejo is the home of Soka University of America, a small four-year international liberal arts college, and quietly rests between Laguna Beach, Laguna Hills, Laguna Niguel, and Laguna Woods.

Penal Code section 288 is a crime committed by touching a child on his or her body for the “toucher’s” own sexual gratification. This is sometimes referred to as “sexual assault,” or “lewd acts on a minor under 14,” or “lewd or lascivious conduct.” These cases often involve accusations that the child was touched or fondled on their sexual organ, or that some act of molestation took place. In addition, California prohibits the possession or distribution of child pornography, and if a minor is shown this type of material while engaging in a “lewd act,” the alleged perpetrator could suffer additional penalties and stiffer sentences.

Continue reading "Aliso Viejo man was convicted by a jury of secretly videotaping young girls " »

It is now well-known that NFL Star Ben Roethlisberger was recently accused of sexual assault. It appears Roethlisberger was at a bar in the Georgia Town College area with friends when the alleged assault took place in the bar bathroom. This is the second alleged sexual assault incident for the Pittsburgh Steelers Quarterback. The first alleged incident occurred in July of 2008.

Continue reading "NFL Star Ben Roethlisberger Accused of Sexual Assault – California Penal Code Section 243.4" »

People convicted of certain sex offenses in California who are required to register as sex offenders are told that this registration is a lifetime requirement. The lifetime requirement language is written into the penal code and many registered sex offenders believe that there is no way for them to stop registering as a result. Sex offender registration is known as a “scarlet letter” and typically has devastating effects on employment prospects, personal relationships, and wreaks havoc on life in general.

Despite the lifetime requirement language, there are certain sex offenses where registration can be stopped by obtaining a Certificate of Rehabilitation in California. A Certificate of Rehabilitation is essentially a declaration by a judge stating that the person has been rehabilitated in the eyes of the law and is no longer a threat to society.

Obtaining this certificate will not stop the registration requirement for all sex crimes but does have that effect for certain offenses. This is why it is important to have a competent San Diego sex crimes attorney anytime you are facing a sex crimes offense.

Continue reading "How an Experienced Southern California Sex Crimes Attorney Can Help You Obtain a Certificate of Rehabilitation and Help You Avoid Registering as Sex Offender in California - California Penal Code Section 290" »

As reported in the San Diego Union-Tribune, Thomas John Sadler, a sheriff’s detective accused of groping a prostitute while on duty, was found guilty of felony assault and battery by an officer and misdemeanor counts of assault and false imprisonment. These allegations stem from an incident in 2008 when Sadler allegedly used his status as a police officer to sexually assault a prostitute in a parking lot on Camino del Rio South. The prosecution in the case said that this was not the first complaint against Sadler by females he has arrested or detained while on duty. However, Internal Affairs had cleared him of previous allegations. Sadler now faces a sentence of up to 3 years in prison.

Sexual battery in San Diego under California Penal Code 243.4 is any intimate, non-consensual bodily contact that is made for the purpose of sexual arousal, gratification, or abuse. It is also referred to as “sexual assault.” Depending on the circumstances of the incident, the crime can be charged as a misdemeanor or felony. Cases that involve a restrained, unconscious, or disabled victim will likely result in a felony sexual battery charge.

Facing allegations of a sex crime can lead to very serious consequences. Please contact our experienced and aggressive San Diego criminal defense attorneys at Wallin and Klarich. Our attorneys have the skills and expertise needed to provide you with a strong defense in your case. You can call us at 888-280-6839 or visit us at our website at www.wklaw.com. We will be there when you call.

The California State Bar Disciplinary Panel recently upheld a judge’s recommendation to suspend former Santa Clara County prosecutor Benjamin Field from the State Bar for four years. Field appealed to the State Bar Review Department’s finding that he had withheld exculpatory evidence and committed other misconduct in four cases he had prosecuted.

He was accused of violating court orders and directives, performing incompetently, failing to obey the law, withholding evidence, misleading a judge, and committing “multiple acts involving moral turpitude, dishonesty, or corruption.”

Field appealed the decision in hopes of receiving a lenient decision. Instead, he received a suspension from the bar for four years and five years of probation. The decision was made to “protect the public and the courts” and “preserve public confidence in the legal profession and to maintain high professional standards for attorneys.”

The first accusation of misconduct against Field was made in 1995. In a sexual assault case involving a minor, Field obtained a dental examination of the defendant, disobeying a court order that resulted in the judge suppressing the evidence taken from it. On two occasions in 2003, Field intentionally withheld a witness statement that was favorable to the defense in a habeas corpus proceeding involving a sexual assault case, and he intentionally withheld a defendant’s statement favorable to co-defendants in a murder case. In both cases that year, Field was found to have committed a discovery violation. In the latter murder case, one of the charges against the defendants was dismissed due to Field’s misconduct. And in 2005, Field made an improper closing argument in a sexually violent predator case that was deemed “deceptive and reprehensible” by the court presiding over the case. As a result, the appellate court reversed the judgment committing the defendant as a sexually violent predator.

Continue reading "District Attorney Violates the Law by Violating the Legal Rights of Defendants - How an Experienced Southern California Defense Attorney Can Help Ensure Your Rights" »

It was recently reported that nine youths have been charged in relation to the suicide of a 15-year-old girl in Massachusetts. Phoebe Prince, who had recently moved to South Hadley, Massachusetts from Ireland, hung herself after being raped and bullied by classmates since the start of the school year in September 2009. Prince committed suicide on January 14th. Initially thought to be a case of cyber bullying, it is believed Prince was bullied on and off the campus of her high school in the presence of teachers and fellow students.

Six teenagers, four girls and two boys, face charges of statutory rape, assault, violation of civil rights resulting in injury, criminal harassment, disturbance of a school assembly, and stalking. Three younger girls are facing delinquency charges. Three of the nine teenagers, who are 17-years-old or older, will be tried as adults.

Complicating matters, the parents of two of the teenagers have spoken to the media, insisting on the innocence of their children, stating the school bullying was nothing more than the exchanging of “a couple words.” It is recommended that the accused retain an attorney immediately after charges are filed and have any statements made through the attorney.

All of the charges the teenagers are facing are very serious. Statutory rape, assault, harassment, creating a disturbance, and stalking carry serious consequences in California. Out of all the charges, California statutory rape is the most serious. California "statutory rape," defined under Penal Code Section 261.5, takes place when any person engages in sexual intercourse with a person under the age of 18 (commonly referred to as unlawful sex with a minor). Statutory rape can be charged as a misdemeanor or a felony. As a misdemeanor, statutory rape can result in up to a year in jail with fines and probation. As a felony, it can result in four years in state prison with fines and probation.

Continue reading "Nine Charged after Bullying of Teenage Student Phoebe Prince Ends in Suicide" »

If you have been convicted of a sex crime and are currently registering as a sex offender, you may be entitled to exclusion from sex registration. In the recent case of People vs. Taravella, it was decided that if you were convicted of oral copulation with a minor (14 or 15 years old), you may have a remedy to stop registration.

If you are currently registering as a sex offender, you owe it to youself to do all you can to relieve yourself from the obligation of sex registration. This would effectively get you off the internet under Megan’s Law as well as delete your name from the list of sex offenders.

Continue reading "How Can I Stop Registering as a Sex Offender? California Penal Code 290" »