Federal Lawsuits Challenge Sex Offender Restrictions in California

April 28, 2014,

A lawyer from Santa Maria is on a mission to curb restrictive laws passed in California communities affecting the daily lives of registered sex offenders that she says violate the California and U.S. Constitutions.

Janice Bellucci, a civil rights attorney and president of California Reform Sex Offender Laws (California RSOL), has filed complaints in the Central and Eastern U.S. District Courts of California challenging restrictions enacted in the cities of Pomona and South Lake Tahoe, respectively.Federal%20Crimes_2.jpg

According to attorney Bellucci, the ordinances currently in effect in these cities violate state and federal constitutional rights of citizens required to register under the California Sex Offender Registration Act (Penal Code Section 290) because they prohibit where law-abiding citizens may lawfully reside and/or physically be present.

Additionally, she argues, the restrictions in place in Pomona and South Lake Tahoe are preempted by existing state law and are thus invalid.

She states that additional legal challenges await other California cities with similar restrictions.

California Court of Appeals Strikes Down Sex Offender Ordinances in Orange County

Recently, our attorneys at Wallin & Klarich reported that on January 10, 2014, the California Court of Appeals, 4th District ruled that ordinances passed in the City of Irvine and the County of Orange prohibiting sex offenders from certain public places were invalid because they were preempted by state law.

In the City of Irvine case, the Court held that “the state statutory scheme imposing restrictions on a sex offender’s daily life fully occupies the field and therefore preempts the city’s efforts to restrict sex offenders from visiting city parks and recreational facilities.” [People v. Nguyen, 222 Cal. App. 4th 1168 (Cal. App. 4th Dist. 2014)]

A similar decision was reached in a related case affecting a countywide ordinance banning sex offenders in public places in Orange County [People v. Godinez, Case No. G047657, Cal. Court of Appeals, January 10, 2014 (unpublished)]

These ordinances had intended to prohibit registered sex offenders from entering areas defined by those ordinances as places frequented by children and included parks, harbors, beaches, zoos and other recreational facilities deemed to be places where “children regularly gather.”

The Court also found that requiring sex offenders to obtain written permission from local authorities prior to entering parks and other recreational facilities amounted to a “de facto registration requirement” and was likewise preempted by state law.

What Does Preempt Mean?

In the present context, preemption is a doctrine of state law that holds that a state law takes precedence over a local law or regulation that is in the same field and is in conflict or inconsistent with the state law.

Article XI, Section 7 of the California Constitution authorizes the following: “A county or city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws.”

According to the lawsuits filed by attorney Bellucci, the California Legislature has already enacted a full complement of state laws prohibiting unlawful sexual activity and regulating the conduct of sex offenders. Therefore, she argues, the local laws conflict with state law and are void.

The recent decisions in the California appellate court upheld the state’s authority to preempt, or supersede local regulation of where a sex offender may be present.

The matter of whether it is constitutional to restrict where a sex offender may live is currently under review by the California Supreme Court.

Municipalities Were Served Notice

After the Court of Appeals rendered its rulings regarding Irvine and Orange County, California RSOL sent letters to 71 California municipalities with similar ordinances to notify them of the appellate court decisions. The organization headed by Ms. Bellucci requested that the cities repeal their ordinances within 60 days or face a possible legal challenge.Gen%202.jpg

According to the California RSOL website (www.californiarsol.org), Costa Mesa and El Centro have repealed their ordinances. Other cities, including Anaheim, Grand Terrace, Loma Linda and South Pasadena have all agreed to suspend enforcement pending a decision by the California Supreme Court on whether it will grant or deny review of the lower court’s decisions.

“Future legal challenges by sex offenders can be expected of cities that have failed to either repeal their sex offender ordinances or agree in writing to stay enforcement of those ordinances,” Bellucci has stated in a press release.

Ms. Bellucci’s office confirmed that previous lawsuits she has prepared against the cities of Lancaster, Palmdale, Sierra Madre and the County of El Dorado (where South Lake Tahoe is located) have all resulted in either repeal or a stay of enforcement of similar ordinances enacted in those municipalities.

What Do Laws Prohibit Sex Offenders from Doing?

Currently, California law under Penal Code Section 3003.5 makes it unlawful for anyone required to register pursuant to Section 290 to reside within 2000 feet of a public or private school, or park where children regularly gather. However, the law does not permit local governments from restricting where a sex offender may be physically present.

Additionally, California Penal Code Section 3053.8 prohibits a sex offender on parole for an offense committed against one or more child victims under the age of 14 from entering a park without his or her parole agent’s prior permission.

Other state laws restrict sex offenders from being on the grounds of a secondary (K-12) school absent written permission from the school’s chief administrator, and regulate a sex offender working or volunteering in a position where the registrant would have direct supervision or access to children on a regular basis (Penal Code Section 290.95).

Generally, city and county sex offender ordinances go beyond state law by imposing additional restrictions as follows:

  • Residency restrictions: Limit where and with whom a sex registrant may live, in addition to prohibiting them from living within 2000 feet (or more) of schools, parks and/or many other locations;
  • Presence restrictions: Prohibit sex registrants from loitering and/or being within certain distances (300 feet or more) of certain public facilities and private business; and
  • Halloween restrictions: Forbid sex registrants from decorating their homes, leaving on their porch lights and passing out candy on October 31st each year.
According to the lawsuit filed against Pomona, a sex offender may not live within ½ mile (2640 feet), nor come within 100 yards (300 feet) of places not only where children frequent such as schools, day care centers and arcades; but also public parks, bus stops and rail stations, and private businesses including ice rinks, movie theaters, museums, golf courses, and health clubs (that provide child care).

South Lake Tahoe’s ordinance is less restrictive, but similarly limits both residency and presence.

What Does Wallin & Klarich Think?

No one would ever suggest that protecting children is a bad idea. We all want our children to be safe in the communities they live and play in. Exiling sex offenders from society may sound like the best way to protect families, but sometimes laws get passed with good intentions that have unintended consequences, or violate the rights of others. 046_2013-08-20_Wallin__amp__Klarich__46_.JPG

In reality, there is no evidence that residency and presence restrictions against this unpopular minority makes anyone safer. On the contrary, evidence shows that continued ostracization leads to social instability, homelessness, unemployment and ultimately to greater susceptibility that a sex offender registrant will re-offend. This is completely counterproductive to public safety.

The ordinances being challenged by attorney Janice Bellucci may indeed violate the federal constitutional rights of law-abiding citizens who are required by state law to register as sex offenders.

It seems clear that some of the restrictions she is challenging are preempted by existing California law and therefore void under Article XI, Section 7 of the California Constitution. The California Court of Appeals has already ruled so on similar matters in two previous decisions.

We support Ms. Bellucci’s efforts to protect the constitutional rights of the people of the United States. Justice for all is what makes this a free country and it is the duty of attorneys throughout the country to ensure that justice.

Did Actor James Franco Entice a Minor for Sex on Instagram?

April 11, 2014,

35-year-old actor James Franco, famous for his roles as the gay lover of Harvey Milk in the feature film “Milk” and the villain Harry Osborn in “Spiderman 2” and “Spiderman 3,” has gotten himself into a sticky situation. He may have just added “creepy old dude” to the long list of credits next to his name.

Recently, Franco met a 17-year-old teenager named Lucy, a Scottish girl on vacation with her parents visiting New York City. The girl took an Instagram video of the actor, who was signing autographs outside the theater of his Broadway show. Franco says in the video “you gotta tag me.” She did. james%20franco.jpg

Franco and the teenager went on to exchange messages on social media and text messages later that night, when the conversation turned flirtatious, perhaps solicitous. Was he thinking about having sex with the teenager?

In their text messaging, which the girl made public, Franco asks about her age (she admitted that her 18th birthday was several weeks away) and whether she was interested in seeing him.
The most damaging of all was this exchange:

Franco: “Can I see you?”

Lucy: “As long as you are James Franco.”

Franco: “I am. You’re single? What’s the hotel? Should I rent a room?”

When the girl asked Franco to prove his identity, he sent her a selfie.

Had Franco been chatting up the 17-year-old girl in California, he may have violated Penal Code Section 288.4, California’s law prohibiting online enticement of a minor for unlawful sexual purposes.

What is Online Enticement of a Minor? (Penal Code Section 288.4)

California Penal Code Section 288.4 prohibits a person from arranging a meeting with a minor under the age of 18, or with someone believed to be a minor, if the meeting is:

  • Motivated by a unnatural or abnormal sexual interest in children; and
  • For the purpose of engaging in lewd or lascivious activity.

The California legislature enacted the law in 2006 in response to public outcry over sexual predators caught in sting operations recorded for the popular television series “To Catch a Predator.” The law is intended to reduce the potential risk children face from anonymous and illegal online requests for sex.

What is the Punishment for Arranging a Meeting with a Minor for Sex?

If James Franco were ever convicted of arranging a meeting with a minor for lewd and lascivious purposes in California, he would be facing:

  • Up to one year in jail; and/or
  • A maximum $5,000 fine.

The crime is charged as a misdemeanor provided the perpetrator does not already have a sex offense conviction on his or her record. If so, the offense is punishable as a felony, carrying:

  • 16 months, two or three years in prison; and/or
  • A fine of up to $10,000.

Worst of all, a conviction for enticing a minor for sex requires lifetime registration as a sex offender while residing, working or attending school in California.

What if Franco Had Actually Met the Teenager at the Arranged Meeting Place?

The penalty for violating Penal Code Section 288.4 increases significantly if the person who arranges the meeting with a minor actually goes to the intended meeting place.

If Franco had gone to a hotel room in California at or about the time he had arranged to meet 17-year-old Lucy, he could have faced felony charges carrying up to four yearstext%20messaging.jpg
in prison (Penal Code Section 288.4 (b)) in addition to lifetime sex offender registration.

Upon his release to supervision in the community, Franco would be subject to the following mandatory parole conditions for at least 3 years:

  • 24-hour-a-day satellite tracking with a GPS device strapped to his ankle;
  • Weekly treatment in a certified sex offender management program;
  • Polygraph testing;
  • Unannounced monitoring of his computer(s) and any other internet-capable devices;
  • Warrantless searches of his person and property by any law enforcement officer;
  • A nightly curfew; and
  • No contact with any children under the age of 18.

As a sex offender, he could have also faced:

  • A state-mandated restriction prohibiting him from residing within 2,000 feet of schools and parks where children regularly gather;
  • Local community laws further restricting his residency and/or presence at certain public facilities and private businesses designated as “child safety zones”; and
  • Publication of his name, address and photograph on California’s online sex offender registry.

Could James Franco Be Criminally Charged for His Instagram Scandal?

Franco made a risky and foolish decision to flirt with someone he knew, or at least believed was under the age of 18. However, he and the girl were in New York City when they exchanged flirtations via Instagram.

The State of New York establishes the age of consent at 17. Which means Franco would not have broken New York law even if he did have sex with the teenage girl, provided that she had willingly participated in sexual activity with him.

If he had been in California, Franco’s act could have ended up becoming his worst role ever. He would have risked being criminally charged with violating California’s law prohibiting online enticement of a minor for a lewd and lascivious purpose.

If he were convicted, Franco would probably never be asked to host the Academy Awards again. His acting career would be ruined.

He could have ended up playing the part of Registered Sex Offender for the rest of his life.

Contact Wallin & Klarich if You Have Been Accused of Enticing a Minor for Sex

If you or someone you care about has been accused of an unlawful sex crime such as arranging a meeting with a minor for lewd or lascivious purposes, you should speak with one of our experienced criminal defense attorneys at Wallin & Klarich right away.
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Our attorneys at Wallin & Klarich have over 30 years of experience successfully defending our clients facing the severe consequences of a registerable sex offense. We may be able to argue for a reduction or dismissal of the charges against you. We may be able to negotiate for a sentence that helps you avoid serving jail or prison time. Our priority is to help you achieve the best possible result in your case.

With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, our skilled and knowledgeable sex crimes defense attorneys at Wallin & Klarich are available 24-hours-a-day, 7-days-a-week to make certain all of your rights are protected. You don’t have to go through this alone.

Call us today at (888) 280-6839 for a free telephone consultation. We will get through this together.



1. [http://en.wikipedia.org/wiki/File:James_Franco_(Cropped).jpg]
2. [http://en.wikipedia.org/wiki/File:Texting.jpg]

Los Angeles County’s “First Step” in Helping Young Sex Trafficking Victims

February 24, 2014,

Attitudes toward any sexual behavior involving minors are very intolerant. However, minors account for 12% of all rape incidents and 19% of all other sex crimes are against minors, according to the U.S. Department of Justice Office of Juvenile Justice and Delinquency.1

California law has historically shown a similar attitude towards minors, especially those who engage in prostitution, by prosecuting them and considering them juvenile delinquents. In fact, between 2000 and 2010, the Los Angeles County District Attorney’s Office filed 2,188 petitions against minors caught soliciting or loitering for solicitation.2 Until now, these children, many of whom are forced into prostitution by abusers and pimps, were given no legs in their fight against sex traffickers.


The First Step Diversion Program, which was recently announced by Los Angeles County District Attorney Jackie Lacey, will provide vital social services to teen victims of sex trafficking while aiming to clear their criminal records within one year, if they complete the program. The goal is to recognize that child and teen prostitutes are often victims, not offenders, as they have been forced into this helpless situation and need to be rehabilitated instead of detained.

How Did it Start?

The idea of treating teen prostitutes as victims rather than criminals is relatively new. In 2008, Alameda County launched a pilot program that sent teens who were sexually exploited to counseling and treatment programs, while also mandating that prosecutors receive training on issues relating to child prostitution. Warrants.jpg

Groups such as the Child Advocacy Institute felt that simply adding rehabilitation to a convicted teen prostitute’s criminal sentence was not enough. They argued that under the law, juveniles are considered too young to consent to sexual relations with adults in cases of statutory rape. Therefore, it did not make legal sense to prosecute these minors as adult criminals for taking money in exchange for sex.3

Los Angeles County District Attorney Jacky Lacey unveiled the new innovative diversion program for these young victims on February 12, 2014. This program will give incentive to these minors to partake in empowering rehabilitation programs, while legally treating them as victims rather than criminals.

First Step Diversion Program - The Details

Children and teens who are arrested for prostitution now have an alternative to facing prosecution and criminal charges that will negatively impact the rest of their lives. The program will provide several services to minors who agree to enter it, including:

  • Sexual assault counseling;
  • Mental health counseling;
  • Substance abuse counseling;
  • Crisis intervention;
  • and Education services.

These programs have been implemented with the help of four non-profit organizations – the YWC Greater Los Angeles, Saving Innocence, Valley Trauma Center in Van Nuys, and the Coalition to Abolish Slavery and Trafficking. If minors successfully complete a one-year program of rehabilitation and counseling, their criminal record will be cleared.

In order to identify children under the age of 18 who are facing these difficult circumstances, the District Attorney’s Office is teaming up with the Los Angeles Police Department, the Sheriff’s Department, the county Probation Department, and the Department of Children and Family Services.4 Together, they will determine which minors are eligible for this alternative to prosecution based on his or her prior offenses and background.

First Step will begin in the Sylmar and Compton Juvenile Division branch offices. These locations were chosen because of the high volume of arrests of minors for prostitution. Vice officers are currently being trained to screen victims and identify which ones are eligible to enter the program.

Why First Step?

With these new legal changes, it is important to know that minors now have support in their fight to escape their abusers. The First Step Diversion Program gives them the opportunity to escape prostitution and engage in social services that can positively change the course of their lives.

District Attorney Lacey understands that minors who engage in prostitution are often vulnerable youth who are abused, neglected, have drug problems, or come from broken homes and are targets of pimps and sexual abusers. These children and teens are finally viewed as victims, rather than criminals in the eyes of the law, and are given the chance to rebuild their lives by clearing their arrest record.

Call the Criminal Defense Attorneys at Wallin & Klarich Today

If you are a minor accused of a sex crime, it will impact the rest of your life. It is important to know the details of this new diversion program and the opportunities it provides to clear your arrest. The attorneys at Wallin & Klarich have been successfully defending our clients accused of sex crimes for over 30 years.

With offices located in Orange County, San Bernardino, Los Angeles, Torrance, Riverside, West Covina, Victorville, Ventura, San Diego and Sherman Oaks, Wallin & Klarich has an established reputation of providing its clients with 24/7 support.

Call us today at (888) 280-6839 for a free phone consultation. We will be there when you call.


1. [http://www.wklaw.com/california-juvenile-sex-offenders/]
2. [http://da.lacounty.gov/mr/pdf/02.12.14.District_Attorney_Jackie_Lacey_Unveils_New_Program.pdf]
3. [http://californiawatch.org/dailyreport/new-law-treats-la-teen-prostitutes-victims-not-delinquents-3438]
4. [http://www.ocregister.com/articles/children-601483-program-attorney.html]

What is Oral Copulation and How Can You Violate California Oral Copulation Laws? (Penal Code Section 288a)

January 24, 2014,

California law under Penal Code Section 288a defines oral sex as copulating the mouth of one person with the sexual organ or anus of the other person. California criminalizes oral sex according to three categories:

  • Participating in oral copulation with a minor;
  • Committing forcible oral copulation; and
  • Acting in concert with another person to force an individual to engage in oral copulation.

Participating in Oral Sex with a Minor (Penal Code Section 288a(b).)

Generally, it is a crime to participate in oral sex with a minor. A person less than 18 years old cannot consent to sexual activity unless he or she is legally married or emancipated.

If you are convicted of oral copulation with a minor, your punishment will be based in part on the age of the minor when the offense was committed. The list below explains the differing punishments based upon the victims age:

  • Under 18 years - You face either a misdemeanor or a felony charge, depending on the facts of the case. A misdemeanor carries up to one year in jail. A felony carries up to three years in prison.
  • Under 16 years - If you are 21 years of age or older, it is a felony punishable by up to three years in prison.
  • Under 14 years – If you were more than 10 years older than the child, it is a violent felony (a “strike”) punishable by three, six or eight years in prison (PC 288a(c)(1).)

Forcible Oral Copulation (Penal Code Section 288a(c).)

If you commit oral copulation against the victim’s will accomplished by using force, duress or threat of immediate or future harm to either the victim or someone else, you can be charged with a strike. A violation also occurs if you knowingly copulate an unconscious or unaware person.
If you are convicted, forcible oral copulation involving an adult victim is punishable by up to eight years in prison. If your victim was a minor (under 18), you face up to 10 years. If you victim was a child (under 14), you face up to 12 years.

Forcible Oral Copulation Acting in Concert (Penal Code Section 288a(d).)

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It is unlawful for “any person who, while voluntarily acting in concert with another person, either personally or by aiding and abetting that other person, commits an act of oral copulation” and does so against the person’s will under the following conditions:

  • Using force or fear of immediate and unlawful bodily injury on the victim or another person; or
  • Threatening to retaliate in the future against the victim or any other person; or
  • Where the victim was incapable, because of a mental disorder or developmental or physical disability, of giving legal consent.

If your victim was an adult, a conviction is punishable by imprisonment for five, seven or nine years. Sentencing for a minor victim ranges from 8 to 14 years in prison.

Statutes of Limitations for Oral Sex Crimes in California

A misdemeanor violation of PC 288a must be prosecuted within one year from the date of the offense. Pursuant to Penal Code Section 801.1, a felony violation may be prosecuted as follows:

  • Until the victim’s 28th birthday (applies if your oral copulation victim was a minor); or
  • Within 10 years from commission of the offense (applies to any felony sex offense listed under Penal Code Section 290(c).).

In other words, the 10-year statute of limitations for an oral copulation offense would apply if your alleged victim was an adult at the time of the crime.

Additionally, pursuant to Penal Code Section 803(f) a criminal complaint may be filed within one year after a person of any age makes a report to a law enforcement agency alleging he or she was the victim of a specified sex offense, provided that:

  • All other eligible periods of limitation have expired;
  • The allegation involves “substantial sexual conduct” as defined by Penal Code Section 1203.066 (which includes oral copulation); and
  • There is independent information corroborating the allegation. An alleged victim making the report who is 21 years of age or older must show clear and convincing evidence of the allegation. The evidence must be admissible during trial and does not include the opinion of a mental health professional.

Under Penal Code Section 803(g), a “DNA exception” rule also applies where a suspect’s identity can be conclusively established through DNA testing. To qualify for the exception, the following conditions must be met:

  • The offense was committed prior to January 1, 2001, and biological evidence collected in connection with the offense is analyzed for DNA type no later than January 1, 2004, or
  • The offense was committed on or after January 1, 2001, and biological evidence collected in connection with the offense is analyzed for DNA type no later than two years from the date of the offense.

Sex Offender Registration

Unlawful oral copulation pursuant to PC 288a is listed as a mandatory lifetime registerable sex offense. However, in some cases a consensual but unlawful act of oral sex may not necessarily require you to register as a sex offender.

You may qualify for a “Hofsheier” motion, giving a judge the option to use his or her discretion to relieve you of registration requirements.

If you are required by law to register as a sex offender for a prior conviction of unlawful but consensual oral sex, you should speak to an experienced criminal defense attorney about what options may be available to you to be relieved of mandatory sex offender registration.

Our Attorneys at Wallin & Klarich Can Help

If you or someone you love has been charged with unlawful oral copulation pursuant to Penal Code Section 288a, it is critical that you speak to an experienced criminal defense attorney at Wallin & Klarich today. Our attorneys at Wallin & Klarich have over 30 years of experience successfully defending our clients charged with unlawful oral copulation.

You may qualify for reduced sentencing. We may even be able to get the charges against you dismissed altogether. If you’ve already been convicted, options may be available to you to expunge your conviction and challenge a mandatory sex offender registration requirement.

With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, our attorneys at Wallin & Klarich will explain all of your options to you and get you the best result possible in your case.

Call us today at (888) 280-6839 for a free telephone consultation. We will get through this together.

What is the Statute of Limitations for Statutory Rape in California?

November 25, 2013,

For most crimes in California, the prosecutor must file a complaint against a defendant within a specified amount of time. This period, prescribed by the California Penal Code, is known as the “Statute of Limitations.” In order to be criminally prosecuted, the prosecutor must ensure that a complaint is filed against your for the criminal activity before this statutory period elapses. If the statutory period lapses, you cannot be convicted for that activity. As a general rule, the more serious your violation is, the longer the statute of limitations.

Statutory Rape is a Serious Offense in California

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Under California Penal Code section 261.5, it is illegal for an adult (18 years or older) to have sex with a minor (younger than 18 years old). This crime is known as unlawful sexual intercourse with a minor or “Statutory Rape.” Under PC 261.5, it is irrelevant whether the sex was consensual because the law states that minors are not capable of giving informed consent to sexual activity.

Because we now live in a world where sexual activity among teenagers is commonplace, statutory rape occurs with great frequency, and it often goes unreported or even unnoticed. Where someone is prosecuted for statutory rape, the situation is often very emotional. Feelings of anger or jealousy among young adults or teenagers often lead to false accusations, wrongful arrests and innocent people being prosecuted.

How Long is the Statute of Limitations for Statutory Rape?

As a general rule, the statute of limitations for statutory rape will depend on the seriousness of the criminal activity, particularity the age disparity between the alleged victim and the defendant.

  • PC 261.5(b) – If the two people involved are less than three years apart at the time of the crime, the defendant will be charged with a misdemeanor. The Statute of Limitations is one year for this statute
  • PC 261.5(c) – If the two people involved are more than three years apart at the time of the crime, the defendant can be charged with a felony or misdemeanor. The Statute of Limitations is three years for this conviction if filed as a felony.
  • The DNA Exception rule allows for prosecution of statutory rape within one year of the date on which the identity of the suspect is conclusively established by DNA testing or within 10 years of the offense (PC Section 803).

Our Experienced Criminal Defense Attorneys Can Help You

Calculating the statute of limitations for a particular crime can be a very difficult task. The law in California is very complicated and full of exceptions. Prosecutors frequently make errors during this process. The attorneys at Wallin & Klarich are experienced in the nuances in this area of the law and can navigate this complicated process for you. It is possible that the statute of limitations for the crime you are being charged with expired before charges were brought.

Our attorneys are experienced in this area of the law, and we may be able to move quickly to have your case dismissed. It is also possible that the prosecutors wrongfully classified your charge. Even if our attorneys cannot get your charges dismissed, we can work with state prosecutors to have your charges lowered to misdemeanors.

Call Wallin & Klarich Today

If you are being charged with a statutory rape or any other sexually-related offense, it is imperative that you contact our law offices immediately. Our attorneys have the experience to help you achieve the best possible outcome in your case. We will fight for your freedom every step of the way.

Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance and Sherman Oaks. Give us a call today at (888) 280-6839. We will be there when you call.

California Requires You to Register as a Sex Offender Even if the Trail Court Did Not Order It

October 2, 2013,

If you are convicted of a sex crime in California, you will likely be required to register as a sex offender for the rest of your life as part of your sentence. Even if you are not initially sentenced to lifetime sex offender registration, California may try to require you to register. In a recent case, the California Court of Appeal ruled adding registration requirements after a sentence was served is not unreasonable given state and federal laws.

Registering as a sex offender can have devastating consequences on you and your family. It could affect your employment, where you can live and your status within the community. That is why it is important to retain the services of an experienced California criminal defense attorney if you are facing charges of a sex crime. At Wallin & Klarich, we have over 30 years of experience successfully helping our clients obtain relief from sex offender registration requirements.

Maciel v. Cate

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James Maciel was convicted of molesting a child and was sent to prison. The trial court never ordered Maciel to register as a sex offender at sentencing. When he was released on parole, he was ordered to register as a sex offender. He appealed that decision.

The Ninth Circuit Court of Appeal concluded that registration requirements amounted to a non-punitive regulatory measure that was not part of Maciel’s sentence and thus need not be included in the court’s judgment. The court rejected the ex post facto argument, stating that the duty to register was not punitive but civil in nature and served only regulatory purposes. Thus, the parole and registration requirements are not subject to the sentencing court’s discretion and the additional punishments were required by state law.

How the Sex Crimes Attorneys at Wallin & Klarich Can Help

If you are being required to register as a sex offender in California despite it not being included as part of your sentence, it is important to contact an experienced sex crimes defense attorney immediately. The attorneys at Wallin & Klarich have over 30 years of experience aggressively representing our clients seeking relief from lifetime sex offender registration.

With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is a knowledgeable Wallin & Klarich attorney who can help you no matter where you are located. Our skilled attorneys know how to obtain relief from sex offender registration. Let us help you with your case.

Call us today at (888) 280-6839 for a free telephone consultation. We will get through this together.

I am Accused of Annoying or Molesting a Child Under the Age of 18. What Do I Need to do Know? (PC 647.6)

August 16, 2013,

At a recent family party, you spent time “catching up” with your 17-year old niece. You considered your behavior to be completely appropriate, but are now being charged with annoying or molesting a child under the age of 18 in violation of California Penal Code section 647.6.

You do not have to face this charge alone. The attorneys at Wallin & Klarich have an impressive record of successfully defending PC 647.6 cases and have the skill needed to help you win your case.

Annoying or Molesting a Child Under the Age of 18

According to California Penal Code section 647.6, it is illegal to annoy or molest a child under the age of 18 while motivated by an unnatural sexual interest in the child.

To convict you under PC 647.6, the prosecutor will need to prove the following 4 elements:

  • You engaged in conduct directed at a minor;
  • Your conduct would have undoubtedly disturbed or offended a normal person;
  • Your conduct was motivated by an unnatural sexual interest in the child; AND
  • The person was under 18 years of age at the time of the alleged conduct.

Punishment for a PC 647.6 Conviction

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If you are convicted of annoying or molesting a child under the age of 18, you will face up to 1 year in county jail and up to $5,000 in court fines. If you have a prior misdemeanor PC 647.6 conviction, a second PC 647.6 offense may be charged as a felony. If you are convicted of a felony offense, you will serve time in state prison rather than county jail.

If you are convicted under PC 647.6 and have a prior felony conviction for a sex crime involving a minor, the offense will be considered a felony punishable by up to 6 years in state prison and up to $5,000 in court fines.

If you are convicted under PC 647.6 after having entered in inhabited dwelling, building or trailer coach without consent, the offense will be considered a felony punishable by up to 3 years in state prison and up to $5,000 in court fines.

A conviction under PC 647.6 will also require you to register as a sex offender since PC 647.6 is an enumerated offense under PC 290(c).

Defenses to a PC 647.6 Charge

The experienced attorneys at Wallin & Klarich have raised the following defenses successfully in past cases:

  • Age
    • The prosecutor may not convict you of annoying or molesting a child under the age of 18 if you reasonably believed that the victim was 18 years of age or older at the time of the alleged conduct.
    • Example: You met the alleged victim at a music festival where the minimum age to enter was 18. Furthermore, the victim represented herself as a legal adult. Your reasonable belief that the alleged victim was 18 years of age or older at the time of the conduct may be a defense to a PC 647.6 charge.
  • Not sexually motivated
    • You may be released from criminal liability if you can show that your actions were not motivated by an unusual sexual desire in the child.
    • Example: You coach a youth basketball team. You congratulated one of your players after he made a game-winning shot by patting him on the buttocks. You may not be convicted under PC 647.6 since your conduct was likely not sexually motivated.
  • Conduct does not disturb or offend normal person
    • If your conduct would not have disturbed or offended a normal person, you may not be convicted under PC 647.6.
    • Example: Your elbow briefly brushed up against your niece’s breasts while you were sitting in the backseat of a vehicle. The prosecutor may not convict you of annoying or molesting a child under the age of 18 if a normal person would not find your conduct to be disturbing or offensive.

Why You Should Retain the Law Offices of Wallin & Klarich

The attorneys at Wallin & Klarich have successfully defended clients accused of annoying or molesting a child under the age of 18 for over 30 years. When you are accused an offense under PC 647.6, there is too much at stake to retain any law firm other than Wallin & Klarich. Our attorneys will aggressively defend your rights and keep you informed of any developments in your case. We have the skill and experience needed to help you win your case. Call (888) 280-6839. We will get through this together.

Extending The Statute Of Limitations In Sex Crimes Cases Where The Defendant’s Identity Is Discovered Through DNA Evidence (PC 800-805).

June 10, 2013,

Introduction

According to California Penal Code 803(g), a “criminal complaint may be filed within one year of the date on which the identity of the suspect is conclusively established by DNA testing” for any sex crime listed under PC 290(c).

Sex%20Crimes%20Criminal%20Defense%20Lawyers%20888-280-6839.jpg So, what does this mean?

When a defendant’s identity is discovered through DNA evidence in a sexual offense case, the statute of limitations may be extended for up to one year from the date on which the identity of the suspect is established through DNA matching.

The prosecutor may file a nameless “John Doe” arrest warrant when DNA evidence exists, but a particular defendant has yet to be linked to the DNA matching. Once a “John Doe” arrest warrant is filed, the one-year statute of limitations extension begins to run for the prosecution.

To better understand this procedural issue, it is important to examine the Supreme Court’s decision in People v. Robinson, 47 Cal. 4th 1104 (2010).

Facts of People v. Robinson

In Robinson, defendant Paul Eugene Robinson was convicted of committing five sexual offenses against Deborah L. on August 25, 1994. To satisfy the applicable statute of limitations under PC 800, the prosecution had to commence within 6 years of the commission of the sexual offenses. On August 21, 2000, only 4 days before the statute of limitations was set to expire, the Sacramento County District Attorney’s Office filed a felony complaint against “John Doe, an unknown male,” for the sexual offenses committed against Deborah L.

This complaint was based on the DNA evidence recovered from Deborah L.’s medical examination following the sexual offenses. A “John Doe” arrest warrant, relying on the same DNA evidence, was issued the following day. On September 15th, 2000, Robinson was arrested after a DNA match was made through the DNA and Forensic Identification Data Base and Data Bank Act of 1998.

Supreme Court Affirms the Extension of the Statute of Limitations in Sex Crimes Cases

The California Supreme Court affirmed the defendant’s conviction for all five sexual offenses in Robinson. Specifically, the California Supreme Court reasoned that the statute of limitations is satisfied if the prosecution is commenced by the filing of a “John Doe” arrest warrant within the limitations period. While a “John Doe” arrest warrant does not need to identify the perpetrator’s name, it must identify his or her unique DNA sequence in order to satisfy the “particularity” requirement of an arrest warrant under PC 804(d).

Here, the “John Doe” arrest warrant was filed within the 6-year statute of limitations since it was filed 4 days prior to its expiration. The “John Doe” arrest warrant did not state Robinson’s name, but it did include his unique DNA sequence in order to satisfy the “particularity” requirement of the arrest warrant. As such, Robinson’s arrest on September 15, 2000 and subsequent prosecution were permitted under the one-year statute of limitations extension set forth in PC 803(g).

What can Wallin & Klarich do for you?

If you are accused of a sex crime, you need to contact the Law Offices of Wallin & Klarich today. Our skilled criminal defense attorneys have over 30 years of experience successfully defending clients accused of sex crimes. When you are accused of a sex crime, there is too much at stake to entrust your legal representation to anyone other than an experienced Wallin & Klarich sex crimes attorney.

Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, West Covina, Torrance, Victorville, Sherman Oaks, and Ventura. Call us today at (888) 280-6839. We will get through this together.

Indecent Exposure in California – PC 314

May 13, 2013,

An indecent exposure charge can have long-lasting severe consequences on your life. Not only is your freedom at stake but your reputation is also in harms way. If you face indecent exposure charges under PC 314, it is important that you immediately contact an experienced criminal defense law firm.

Prosecution of Indecent Exposure

California%20Indecent%20Exposure%20Defense%20Attorneys%20888-280-6839.jpg The prosecution must prove the following two elements in order to convict you of indecent exposure:

    • You willfully exposed your genitals in the presence of another person or persons who might be offended or annoyed by your actions; AND
    • When you exposed yourself, you acted lewdly by intending to direct public attention to your genitals for the purpose of sexually arousing or gratifying yourself or another person, or sexually offending another person

The law disregards what any person who witnesses your allegedly indecent act actually thinks about your act. The law assumes that any witness to your act will be offended or annoyed by your conduct.

Other circumstances may make the charge you face more serious and the punishment you face harsher. For example, you will be convicted of a more serious crime if the prosecution proves the following in addition to the above-mentioned two elements:

    •You willfully and lewdly exposed yourself after you had entered and inhabited dwelling/building/trailer coach without consent

Punishment for Indecent Exposure in California

If you are convicted for PC 314 and have no prior indecent exposure convictions on your record, your offense will be charged as a misdemeanor and you will face up to 6 months in county jail and a maximum fine of $1,000.

If you are convicted of a second offense for indecent exposure or have a prior conviction for lewd acts upon a minor under PC 288, your offense is a felony punishable by up to 3 years in county jail and a maximum $10,000 fine.

If you are found to have exposed yourself within an inhabited dwelling, building or trailer coach without consent, you have committed “aggravated” indecent exposure. An aggravated indecent exposure charge is a “wobbler” meaning that it can be charged as a felony or misdemeanor, depending upon the circumstances surrounding your case and your criminal history. A misdemeanor conviction will subject you to up to a year in county jail and a maximum $1,000 fine. A felony conviction will subject you to up to 3 years in county jail and a maximum $10,000 fine.

If convicted for indecent exposure in California, the court will require you to register as a sex offender and you will be required to annually update your registration with local law enforcement as long as you work, live or attend school in California. Your status as a sex offender will be made public.

California Indecent Exposure Defense Attorney

Wallin & Klarich has been successfully defending clients accused of indecent exposure in California for over 30 years. Our decades of experience allow us to know all the intricacies of indecent exposure law, including all possible defenses.

Our law firm follows a strategic process that allows us to create the most effective defense strategy for your specific case. We start by obtaining a complete summary of all the relevant facts you are aware of surrounding the alleged indecent exposure event. We attempt to interview all witnesses that could potentially be favorable to your defense.

When you face indecent exposure charges under PC 314, you should hire the top quality representation of Wallin & Klarich to fight for your freedom.

Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks. Call us today at (888) 280-6839. We will be there when you call.

How long does a person have to bring a lawsuit against someone for molesting them?

April 4, 2013,

Being a victim of child molestation can negatively impact you for the rest of your life. Fortunately, under California law, you may be able to sue the person who molested you, even after you have turned 18 years of age, in order to get some retribution. However, California law puts a statute of limitations on what period of time you will be able to bring your lawsuit. Here are the limits on when you can sue.

Before your 26th birthday

Under California Code of Civil Procedure Section 340.1(a), you may sue for the recovery of damages against your attacker any time before you turn 26 years old. As long as you file the lawsuit against your attacker before your 26th birthday, you will not have a statute of limitations problem.

Within three years of discovering the injury or illness

Southern%20California%20Attorneys%20888-280-6839.jpg If you have been injured or suffered an illness as a result of the child molestation, you have additional time to sue. California Code of Civil Procedure states that you must commence your legal action within three years of discovering the psychological injury or illness, or within three years after you reasonably should have discovered the psychological injury or illness.

This is often known is having a “repressed memory” of the child molestation. Often, victims suffering from a repressed memory of child molestation do not realize that his or her problems in life are connected with the child molestation that he or she suffered in the past until much later in their lives.

In order to show that you are suffering from a repressed memory, you will need a letter or statement from a health care provider stating that you suffer from a repressed memory. Also, if you were to proceed with the lawsuit, you would have to answer detailed questions during the discovery process about molestation. This is often a stressful process for the victim because it brings back memories of the child molestation.

How can an attorney help me through this process?

An attorney can advise you of what the statute of limitations are for your case. This can help you avoid the possibility of not being able to sue because the statute of limitations deadline has already passed.

Also, an attorney can help provide you with important information you need to know about the court procedure. For example, you must file the lawsuit against your attacker in the city where the child molestation occurred. Having an attorney by your side during this difficult process will ensure that your lawsuit is not unnecessarily delayed or dismissed.

Call Wallin & Klarich today

If you or someone you know is considering bringing a lawsuit against the person who molested you as a child, you need to contact an experienced Southern California attorney who can help you in your case. At Wallin & Klarich, we have over 30 years of experience successfully helping our clients resolve their legal issues. We know that this is a difficult time for you and we are here to answer any questions you may have. Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville, West Covina, Torrance, and Sherman Oaks.

Please call us at (888) 280-6839. We will be there when you call.

Can I be convicted of indecent exposure if I was never outside of my house? (PC 314)

March 29, 2013,

Indecent Exposure Charges in Orange County

Under California Penal Code Section 314, it is illegal to willfully and lewdly expose your private parts in a public place or any place where people would be offended or annoyed by such conduct. You can be convicted for indecent exposure even if you were inside your own house at the time of the incident when you expose your private parts in the presence of another who might be offended or annoyed.

An indecent exposure conviction can completely change your life. For example, under Penal Code Section 290, if you are convicted of indecent exposure, you will be required to register as a sex offender for the rest of your life. Wallin & Klarich’s team of Sex Crimes Defense Attorneys in Orange County know the laws pertaining to indecent exposure and sex offender registration in California. We can provide you with an overview of the elements of the crime that the prosecution needs to prove in order to convict you for indecent exposure and help you achieve the best possible outcome in your case.

Orange%20County%20Indecent%20Exposure%20Criminal%20Defense%20Attorneys%20888-280-6839.jpg

Defenses to Indecent Exposure in Orange County

If you were in your home at the time of the indecent exposure incident, there are a number of defenses to indecent exposure charges that your Orange County Wallin & Klarich attorney can raise on your behalf. Your attorney can argue that:

1. You were in your own home with a reasonable expectation of privacy

If you were in your own home with a reasonable expectation of privacy, you may have a defense to your indecent exposure charges. We can argue that your exposure did not take place in a public area or within the presence of another who would be offended by such conduct. If the court finds that you had a reasonable expectation of privacy in your home when the incident occurred, you will not face criminal liability.

2. You lacked intent to expose

A lack of intent is one of the strongest defenses to an indecent exposure charge. If you were in your house at the time of the incident, your Wallin & Klarich attorney can argue that you lacked the intent necessary to convict you of indecent exposure. While you were in your home, if you had no intent to draw the public’s attention to the area of your body in question, this defense may be successful.

3. Lack of Intent to Offend or Sexually Arouse Another

The prosecution must also show that you exposed your genitals for the purpose of sexual arousal or to offend another person. If you were in your own home and did not intend to expose yourself for either of these purposes, we can argue that you lacked the necessary intent to be convicted of this crime.

Finding an Indecent Exposure Defense Attorney in Orange County

The first and most critical step you must take is to obtain a team of Orange County Indecent Exposure Criminal Defense Attorneys who have experience in indecent exposure cases. The Sex Crimes Defense Attorneys at Wallin & Klarich have over 30 years of experience successfully defending clients against indecent exposure charges. We have offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville, West Covina, Torrance, and Sherman Oaks.

Call us today at (888) 280-6839. We will get through this together.

Will I go to jail for oral copulation with a minor in Riverside? (PC 288a)

March 28, 2013,

Under California Penal Code Section 288a, it is a crime to commit an act of oral copulation with a minor. Although the sentencing and punishment for oral copulation with a minor in Riverside is very serious, there are a number of defenses that a Riverside Criminal Defense Attorney at Wallin & Klarich can raise on your behalf to get your oral copulation with a minor charge reduced or dismissed. Be sure to consult a Riverside oral copulation defense attorney at Wallin & Klarich to learn more about which defenses can be used in your defense.

Sentencing and Punishment for Oral Copulation with a Minor in Riverside

Riverside%20Oral%20Copulation%20Criminal%20Defense%20Attorneys%20888-280-6839.jpg A conviction for oral copulation with a minor in Riverside is a “wobbler” offense. That is to say, the prosecution can charge the crime as either a felony or a misdemeanor. Generally, a felony conviction is punishable by imprisonment in county jail for up to three (3) years and a misdemeanor conviction is punishable by imprisonment in county jail for up to one (1) year.

However, the sentencing for an oral copulation conviction in Riverside also depends upon both your age and the age of the victim at the time of offense:

Felony oral copulation with a minor
o If the victim is under the age of 16 and you are over 21, the offense is a felony punishable by up to 3 years in county jail.
o If the victim is under the age of 14 and you are at least 10 years older, the offense is a felony punishable by up to 8 years in state prison.

Sex Offender Registration (PC 290)

If you are convicted of oral copulation with a minor in Riverside, you will be required to register with local law enforcement as a sex offender under Penal Code 290. You will be required to annually update your registration with a local law enforcement agency for as long as you work, live, or attend school in California. Registration is also required every time you change your name, address, or your employment. It is important to remember that failure to register as a sex offender for oral copulation with a minor in Riverside is a crime.

In addition, personal information such as your name, address, and photograph are released to the public via a sex offender website run by the Department of Justice. The stigma of being labeled a sex offender on this website will make it difficult for you to find a place to live and work.

Finding an Experienced Oral Copulation with a Minor Defense Attorney in Riverside

The first and most critical step you must take is to obtain a team of Riverside Oral Copulation with a Minor Criminal Defense Attorneys who have experience successfully defending oral copulation with minor cases. With offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville, West Covina, Torrance, and Sherman Oaks, the attorneys at Wallin & Klarich have over 30 years of experience in winning Riverside oral copulation with a minor cases. We work hard to protect our clients’ freedom and keep them off of the Sex Offender registry.

Call us today at (888) 280-6839 or fill out our client intake form online. We will get through this together.

Why should I hire a criminal defense attorney for rape in Riverside? (PC 261)

March 27, 2013,

Rape is a serious crime and a conviction can carry harsh penalties. The Riverside Sex Crimes Defense Attorneys at Wallin & Klarich make sure to give every client their undivided attention. The Riverside Wallin & Klarich Rape Defense Attorneys will work tirelessly to ensure the best possible outcome in your case. The consequences of a rape conviction in Riverside can affect you for years to come. With your freedom at stake, why settle for anything less than the experienced representation of Wallin & Klarich?

Riverside%20Rape%20Criminal%20Defense%20Lawyers%20888-280-6839.jpg
Criminal defense attorneys have the time to fight for you

The main reason you should hire a criminal defense attorney is because a Wallin & Klarich Rape Defense Attorney will take the time to fight for your freedom. Public defenders try hard. However, we receive phone calls every day from people asking us to take over their case. They tell us that the public defender was trying to handle their case along with 25 to 50 other cases in the same morning. They tell us that they have never been given a copy of their police report. They tell us they have never met with their public defender to go over their defenses and strategy. There is too much at stake when you are facing a criminal charge such as rape to not have an experienced private sex crimes law firm fighting for you.

Successfully defending a rape charge in Riverside takes time. The Riverside attorneys at Wallin & Klarich will carefully review the facts of your case and conduct a thorough investigation of the allegations against you. Your Wallin & Klarich attorneys will tailor a strong rape defense strategy specifically designed for your case.


Wallin & Klarich can help you avoid jail time

The experienced Sex Crimes Defense Attorneys at Wallin & Klarich can raise a number of defenses on your behalf, including:

Mistaken Identity

In many rape cases, the victim is unable to adequately identify his or her attacker. This may be because the rape occurred at night or under dim lighting or the attacker was wearing a disguise at the time of the incident. If the victim was unable to identify his or her attacker, you may have a complete defense to your rape charges.

False Accusations

A victim may have an illegitimate reason for accusing you of rape. Sometimes, the victim may claim rape due to jealousy or anger towards you. The Wallin & Klarich team of Riverside Rape Defense Attorneys will scrutinize the credibility of the victim’s claim to ensure that it is accurate. We will also look at the victim’s history of allegations to determine whether a suspicious pattern of false accusations exists.

Consent

If the victim consents to the intercourse, then you have a complete defense to rape. You are not guilty of rape if you actually and reasonably believed that the victim consented to the intercourse. The court will consider the circumstances surrounding the incident to determine whether your belief that the victim consented was reasonable.

Your Wallin & Klarich Rape Defense Attorneys may be able to use any of the defenses to get your charges reduced or dismissed, which will help you avoid jail time.

Riverside Rape Defense Attorney

With offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville, West Covina, Torrance, and Sherman Oaks, the Riverside rape defense attorneys from Wallin & Klarich have been winning cases for clients accused of rape for over 30 years. We successfully achieve positive results for our clients because we have the time to devote to their case. We will aggressively defend any person accused of rape. You should settle for no less than Wallin & Klarich when you or a loved one is facing a serious charge like rape.

Call us today at (888) 280-6839. We will be there when you call.

What can a Los Angeles criminal lawyer do for my charge of child molestation? (PC 647.6)

March 26, 2013,

Under California Penal Code section 647.6, it is illegal to annoy or molest any minor under the age of 18 while motivated by an unnatural or abnormal sexual interest in the minor. The sentencing and punishment for annoying or molesting a child can be severe in Los Angeles. Thus, you need a strong criminal defense team by your side during this difficult process.

Defenses

The key to a dismissal or reduction of your charge is a strong defense strategy. Here are some successful defenses that our Los Angeles Child Molestation Attorneys at Wallin & Klarich can raise on your behalf:

Good faith belief that the victim was 18 years of age or older

Los%20Angeles%20Child%20Molestation%20Defense%20Attorneys%20888-280-6839.jpg You are not guilty of the crime of child molestation under California Penal Code section 647.6 if you reasonably and actually believed that the victim was 18 years of age or older. For this defense to be successful, your attorney must prove the following:

1. Subjective standard: You personally believed the victim was 18 or older at the time of the offense; and
2. Objective standard: Your belief was objectively reasonable. In other words, a reasonable person in your shoes and under the same circumstances would have believed that the victim was 18 years or older.

If both of these components are met, your Los Angeles Child Molestation Defense Attorney can argue that you had a good faith belief that the victim was of legal age, and therefore, you cannot be convicted of annoying or molesting a child.

Your conduct was not directed at a minor

To be convicted of child molestation, your conduct must have been directed at a minor. It is possible that your actions were misinterpreted as being directed at a minor. Your Los Angeles Child Molestation Defense Attorney can argue that your conduct was not directed at a minor, and therefore, you should not be convicted of this offense.

Your conduct was not motivated by an unnatural or abnormal sexual interest in the minor

Your conduct must have been motivated by an unnatural or abnormal sexual interest in the minor victim in order to be convicted of annoying or molesting a child. If your conduct was not motivated by sexual desire or interest in the minor, this defense applies to your case.

Your conduct would not have disturbed, irritated, offended, or injured a normal person

Your conduct must have disturbed, irritated, offended, or injured a normal person in the victim’s position. Since this is an objective standard, if a reasonable person would not have been offended by your actions, your Los Angeles Child Molestation Defense Attorney at Wallin & Klarich can argue that this objective standard has not been met.

The minor’s version of the events is not believable

Due to the tendency of young children to exaggerate their claims, your defense attorney can conduct an independent investigation into the minor’s history and request a psychological evaluation to determine the validity of the accusations against you.

Finding an Experienced Child Molestation Defense Attorney in Los Angeles

When charged with a potentially serious crime such as child molestation in Los Angeles, you need a Los Angeles Child Molestation Defense Attorney that will fight for you using an effective defense strategy. With offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville, West Covina, Torrance, and Sherman Oaks, the attorneys at Wallin & Klarich have over 30 years of experience in winning child molestation cases.

Call us today at (888) 280-6839. We will get through this together.

I just turned 18 and my girlfriend is 16, will I go to jail for statutory rape if we have sex in Orange County? (PC 261.5)

March 26, 2013,

Statutory rape charges in Orange County

Orange%20County%20Statutory%20Rape%20Criminal%20Defense%20Attorneys%20888-230-6839.jpg Under California Penal Code 261.5 it is illegal to engage in sexual intercourse with a minor who is not your spouse. The sentencing and punishment for engaging in unlawful sex with a minor can be severe. In order to convict you of statutory rape charges in Orange County, the prosecution must prove that:

1. You had sexual intercourse with the victim;
2. You and the victim were not married at the time of intercourse; AND
3. At the time of intercourse, the victim was under the age of 18

Statutory rape sentencing and punishment in Orange County

According to California Penal Code section 261.5, the sentencing for a statutory rape conviction in Orange County depends upon both your age and the age of the victim at the time of offense:

Misdemeanor statutory rape – If you are no more than 3 years older than the victim, the offense is a misdemeanor punishable by up to one year in county jail and a $1,000 fine. If you are 18 years old and your girlfriend is 16 years old, you may be facing a misdemeanor statutory rape charge.
Felony statutory rape – If you are 21 years of age or older and the victim is under the age of 16, the offense is a felony punishable by up to 4 years in county jail and a $10,000 fine.
Felony/misdemeanor statutory rape – If you are at least 3 years older than the victim (and the victim is not younger than 16), the offense is considered a “wobbler.” This means it can be charged as either a misdemeanor or felony depending on the facts of your individual case and your prior criminal history.

o If charged as a misdemeanor, you face up to one year in county jail and a $1,000 fine.
o If charged as a felony, you face up to 3 years in county jail and a $10,000 fine.

In addition to jail time and a fine, you could face other consequences, such as:

Sex offender registration – If you are convicted for statutory rape in Orange County, you may have to register as a sex offender under Penal Code section 290. (link) If you are required to register as a sex offender, your picture, home address, conviction(s) and other identifying information may be posted on the Megan’s Law website for the public to access.
Civil penalties – If you are convicted of statutory rape in Orange County, you may also face civil penalties and fines in addition to your underlying criminal sentence.

Defenses to statutory rape

An experienced criminal defense lawyer can help you prepare a strong defense to your statutory rape charges. Common defenses include:

• You honestly believed the victim was 18 years of age or older;
• You did not engage in sexual intercourse with the victim;
• You were married to the victim; and
• The victim was not a minor.

Your Wallin & Klarich attorney can raise any one of these defenses on your behalf, which may get your charges reduced or dismissed.

Reduced Sentencing

Fortunately, in cases of statutory rape, an established criminal defense law firm like Wallin & Klarich can argue for a substantially reduced sentence. Instead of a lengthy jail sentence, the court may:

• Place you on probation and impose a sentence of up to one year in county jail;
• Place you on probation with no jail time, but order you to complete community service or a work release program; or
• Place you on formal probation and assign you a probation officer.

Finding an Experienced Statutory Rape Defense Attorney in Orange County

If you are confronted with accusations of statutory rape in Orange County, the first step you must take is to contact an experienced Orange County statutory rape criminal defense lawyer who is familiar with defending statutory rape cases. With offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville, West Covina, Torrance, and Sherman Oaks, Wallin & Klarich has won statutory rape cases for our clients for over 30 years. We will make sure that you receive the best possible outcome in your case.

Call us today at (888) 280-6839 or submit our intake form online. We will get through this together.

I am accused of Rape and the charges are not true. What is the punishment for Rape? - Penal Code 261

January 31, 2013,

Under California Penal Code section 261, it is illegal to use force, threat, or fraud to engage in sexual intercourse with any person.

Rape.jpg

To be found guilty of rape, the alleged intercourse had to have happened against the will of the victim under circumstances where:

• Unlawful bodily injury was threatened against the victim
• The victim was mentally or physically disabled
• The victim was under the influence of influence or alcohol
• The victim was unconscious
• The victim was induced by fraud of false pretenses

To be convicted of rape, the prosecution will have to prove all of the following:

• you had sexual intercourse with the victim
• the victim did not consent to the intercourse
• You accomplished the intercourse through force or fear, threats of future bodily harm, or threat of official action.

California Criminal Defense Attorney

The punishments for rape are very serious. If you have been charged with or accused of rape in California, it is imperative that you contact a California criminal defense attorney.

If you are convicted of rape, you could face up to three, six or eight years in state prison. Having a strong defense attorney is essential if you are going to successfully defend allegations of rape.

Sex Offender Registration

If you are found guilty of rape the court will require you to register as a sex offender for life. This is an extremely serious consequence and you should never plead guilty to a rape charge without consulting with Wallin and Klarich.

The attorneys at Wallin & Klarich have been successfully representing individuals falsely accused of rape for over thirty years. We understand that being charged with rape can negatively affect you and your family for life.

We are committed to providing you with the best defense possible. Call us today at (888) 280-6839 to speak with one of our attorneys. We will get through this together.

Registration as a Sex Offender is NOT Always for Life (PC 290)

December 12, 2012,

Despite what the Judge may have ordered or what your attorney told you about having to register as a sex offender for life, it often is not the truth. The laws are changing. The rules about life time sex offender registration are changing. Are you still registering and ignoring this great news? If so, you are making a big mistake. If you want your rights back, your freedom back, if you want to coach your child in sports but can’t because you are a registered sex offender, that may all change. Stop feeling sorry for yourself. You have options, and your sex crimes lawyers at Wallin & Klarich can help you.

California%20Sex%20Crimes%20Attorneys%20-%20Sex%20Offender%20Registration%20Laws%20.jpg

Depending on what you were convicted of, you may qualify for many remedies that can stop your obligation from registering as a sex offender for life.

1- Seek a Certificate of Rehabilitation. In many instances, a mere certificate being granted by a Superior Court judge can end your sex registration requirement.

2- Seek a Hofsheier/Picklesimer Writ of Mandate. Many sex crimes that may have been mandatory registration are now discretionary. The court can make an order stopping your registration requirement if the court does not think you are a dange to the community.

3- Seek a Governor’s Pardon. While a daunting task at first glance, Governor Brown has granted more pardons than any previous Governor in recent years. (as an example, Brown has granted over 500 pardons where Governor Schwarznenegger only granted a total of 7. Your time has never been better.


Call us at 888-280-6839. Get your life back as others did who came to the law offices of Wallin and Klarich. We will be there when you call.

How Can A Child Annoyance Charge Under Penal Code 647.6 Be A Felony In California?

December 7, 2012,

Penal code section 647.6 in California, commonly referred to as “child annoyance”, is typically charged as a misdemeanor offense and if convicted can result in a one year county jail sentence and lifetime registration as a sex offender. Needless to say, it is a very serious misdemeanor charge that can have a devastating impact on anybody convicted of this offense.

Child%20Annoyance%20Penal%20Code%20647.6.jpg

A person can be convicted of this crime as a misdemeanor for engaging in conduct toward a child under the age of 18 that is motivated by an unnatural or abnormal sexual interest in the child. Someone can also be convicted of this crime as a misdemeanor for engaging in the same conduct toward an adult that they believe to be a child under the age of 18.

Although this charge is typically a misdemeanor, there are circumstances where this crime can be charged as a felony.

1. This crime can be charged as felony where the person engages in the prohibited conduct after entering and inhabited dwelling or trailer coach without consent

2. This crime can also be charged as a felony against a person who has previously been convicted of any one of a variety of sex crimes that involved a minor or if the person has previously been convicted of this very crime in the past.

Anyone convicted of child annoyance as a felony in California could be facing up to 6 years in state prison. If you or s loved one is facing such charges you need an attorney who will work hard for you. With over 30 years of experience defending individuals against sex crime charges, the attorneys at Wallin & Klarich can help you win your case. Call us today at 888-280-6839 or visit our website at www.wklaw.com. We will be there when you call.

High School Basketball Coach charged with child molestation (PC 288)

November 30, 2012,

A volunteer basketball coach at Perris High School in Riverside County is accused of molesting a teenage girl over the course of a year and has been charged with two dozen felony sex counts.

Dominic Leon Evans, of Perris, was arrested November 13 after a search warrant was served, but Riverside County sheriff’s officials did not disclose the investigation until this week. Evans was being held at the Southwest Detention Center in French Valley with bail set at $50,000.

Evans was charged with multiple counts of lewd acts on a child under 16, possession of child pornography and other sex crimes. He has plead not guilty and is awaiting a preliminary hearing.

Perris Union High School District officials said in a press release that Evans had begun work on Oct. 1 as a volunteer assistant coach of the girl’s basketball team. From 1998 through 2008, he had worked off and on as a substitute campus supervisor and had held other coaching positions at the high school.

A student and her father reported to a school counselor on October 24 that Evans had molested her. The counselor then notified the Sheriff’s Department and Child Protective Services. Evans was terminated the same day and told to stay off school district property and not to have any contact with school employees or students.

John Hall, a spokesman for the Riverside County District Attorney’s office, said the girl was not a member of the basketball team and the crimes are alleged to have occurred at Evans’ home. There have been no previous allegations of sex offenses against Evans.

Being convicted of child molestation is serious. If you are facing such charges, a conviction could lead to jail or prison time, and require you to register as a sex offender for life. You need an attorney who will work hard for you. With over 30 years of experience defending individuals against sex crime charges, the attorneys at Wallin & Klarich are amply capable of handling any case. Call us today at 888-280-6839 or visit our website at www.wklaw.com. We will be there when you call.

If you were convicted of a sex crime and are required to register as a sex offender (PC 290) you may be able to challenge your requirement to continue to register

November 14, 2012,

Here are the questions you need to ask yourself:

1. Do you wish to appeal or modify your sentence?

2. Are you on Megan’s Law website and wish to be removed?

3. Are you seeking to stop 290 sex registration by filing a Certificate of Rehabilitation or a Governor’s Pardon?

4. Do you want to reduce the felony conviction to a misdemeanor and seek expungement?

5. Even if ordered to register as a sex offender, that order could be illegal and contrary to current California law that has recently changed.

Regardless of your circumstance, the stakes are too high not to consult Wallin and Klarich. We have been assisting people accused of sex crimes for over thirty-two years. We have successfully defended persons accused of sex crimes as well as successful appeals from wrongful convictions. We have also stopped the PC 290 sex registration requirement for many clients who are seeking relief from this terrible stigma. Can you imagine the liberating feeling you would experience when told your name and picture will be removed from the Megan’s Law website and you no longer have to register as a sex offender? Call us at (888) 749-0034 for a free phone consultation or visit us at www.sexcrimes.com. With offices throughout the Los Angeles, San Bernardino, Riverside, Ventura, San Diego and Orange Counties. We will be there when you call.