Southern California Defense Blog

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

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.

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

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.

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.

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.

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

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.

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?

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.

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

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.

Statutory rape charges in Orange County

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.

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

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.

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.

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.

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.

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.

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.

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.

If you were arrested and charged with a sex crime, you need an aggressive and experienced criminal defense firm on your side.

Please consider the following:

1. Is your attorney conducting a full investigation and interviewing all witnesses involved in the case?
2. Is your attorney investigating the background of the alleged victim or possible motives on why the alleged victim is not being truthful? Or perhaps the character of the complaining victim to show he/she has a reputation of lying, cheating or stealing?
3. Is your attorney consulting medical experts to refute any supposed physical evidence of abuse?
4. Is your attorney considering a psychological evaluation on you to show you do not fit the profile of a person who would abuse/molest?

Wallin & Klarich has over thirty years of experience as sex crimes defense attorneys and can represent you in this difficult and stressful time in your life. Visit our website at www.sexcrimes.com and feel free to call us at 888-280-6839. With offices throughout the Los Angeles, San Bernardino, Riverside, Ventura, San Diego and Orange Counties, we will be there when you call.

Legal disputes often arise when the State of California has a law in a certain area and a local city creates a law that may be in conflict with the state law. This is what is occurring now in the case of People v. Godinez, 30-2011-00530069 (Orange Super. Ct., filed Dec. 15, 2011). Judges Craig L. Griffin, Clay M. Smith, and Charles Margines will decide whether local governments and municipalities have the authority to enact additional residency requirements for registered sex offenders in the state of California.

The case involves appellant Hugo Godinez. Godinez is a registered sex offender with the Costa Mesa Police Department. Godinez allegedly entered Mile Square Regional Park in Fountain Valley on May 5, 2011, which constitutes a violation of the Orange County Child Safety Zone Ordinance. As a result, he was convicted and sentenced to 100 days in jail and five years probation.

Orange County prosecutor Brian F. Fitzpatrick defends the Orange County Child Safety Zone Ordinance by arguing for the need for more local ordinances in order to tailor to the needs of the different jurisdictions. However, Godinez’s attorney, Deputy Public Defender Scott M. Van Camp, argues that local laws which add additional residency requirements for sex offenders are unconstitutional because they are pre-empted by state law. Preemption is the legal theory that one law is supreme over another law on the same subject matter. Van Camp further argues that with so many different residency requirements in place, sex offenders have a difficult time finding a place to reside without violating a local ordinance.

The California Constitution is unclear on this issue. Article 8, Section 7 of the California Constitution states that “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.” The appellate judges in this case will decide whether local residency requirements for sex offenders conflict with state laws. One factor the judges would take into consideration is whether local laws further burden its citizens and whether the laws make it difficult for sex offenders to understand the requirements. Generally, if a law or ordinance is too confusing or would confuse its citizens as to its requirements, the court would find the law unconstitutional.

The judges will make a ruling on this case within three months. Currently, residency requirements for sex offenders are complex and confusing. If you have been convicted for a sexual offense and need more information about the various residency requirements, then you need an experienced lawyer from Wallin & Klarich. If you have questions regarding your case, call us at 888-280-6839. With offices throughout Los Angeles, Riverside, San Bernardino, Ventura, and Orange Counties, we are able to be there for you wherever you happen to live. We will be there when you call.

I have been practicing criminal law for over 32 years. I get countless calls from people who have been registering as a sex offender for many years and want advice. I ask them the same question. “Why didn’t you seek relief sooner?”

Many people in California are under the misconception that there is nothing that anyone can do and that the registration requirement is for life. They are right AND WRONG.

If you were convicted of certain sex crimes enumerated in Penal Code section 290, the statute says that registration is for life. However, in many cases registration may not be for life.

California law allows people to petition to seek removal from the sex registration list by either a Certificate of Rehabilitation under 4852 PC and/or a Governor’s Pardon. Just last month, our law firm won 4 consecutive Certificates of Rehabilitation in Los Angeles, Orange and Riverside Counties. In all instances, our client no longer had to register as a sex offender. What is also interesting is that they could have stopped registering a lot earlier had they known about the law. Often times, crimes were committed many years ago when the client was young. Now at an older age, they find themselves unable to coach little league for their son, or perhaps participate in Boys or Girls scouts with their child because they are a 290 registrant. They are unable to participate in the lives of their child for conduct that may have happened 10-15-20 years ago.

Courts are granting Certificates of Rehabilitation. Governor Jerry Brown had granted over 470 Pardons when he was last Governor and has already granted pardons in his current tenure. Governor Schwarzenegger granted a total of 7. The time has never been better to seek relieve.

Call our office today for a consultation at 1-888-280-6839. If there is a way out of the registration requirement, we will certainly find it.

Stephen Klarich

Two members of the United State Navy were arrested over accusations that they raped a woman on the island of Okinawa, in Japan. According to Japanese officials, the two men, both 23, are alleged to have raped a Japanese woman in the early hours of Tuesday morning, leaving her with an injury to her neck.

The two accused seaman were taken into custody later that same day of the alleged rape. The two men are stationed out of the Naval Air Station Joint Reserve Base Fort Worth in Texas. These accusations arise at a time when tensions over the American military presence on Okinawa remain high. This incident occurred nearly two months after a United States Marine was arrest in Okinawa on allegations that he attacked a Japanese female resident.

In California, rape is codified under Penal Code Section 261. It states in pertinent part that rape occurs when there is sexual intercourse “Where it is accomplished against a person's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another”.

The punishments for a rape conviction in California can vary depending on the specific allgations. A perosn who is convicted of rape in California, faces up to eight years in prison. Additionally, a defendant convicted of rape faces the prospect of having to register as a sex offender for the remainder of their life, as well as a potentially lengthy probation or parole period.

If you or a loved one has been arrested, it is imperative you contact our firm. Hiring an experienced criminal defense law firm is the best way to ensure you keep your freedom. The attorneys at Wallin & Klarich have been helping people for over 30 years.

Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 888-280-6839 or go to our website at www.wklaw.com for more information. With offices in San Bernardino, Los Angeles, Ventura, Riverside and Oraange County, we will be there when you call.

Under California law, had Mr. Sandusky committed those crimes he was convicted of in California, his sentence would be life. While 30-60 years prison for a 60 plus year old man, is basically a life sentence, it does seem that Pennsylvania law is more lenient then California. California law calls for a life sentence if a defendant molests more than one victim under 14 years old. California Penal Code section 667.61. In addition, the penal code also calls for a life sentence if a child 10 years of age or younger is sexually penetrated. 288.7. Mr. Sandusky was sentenced under Pennsylvania law since the crimes all occurred in that state.

Many legal mistakes were made by his counsel who defended him on these charges. Allowing Mr. Sandusky to talk to the media while the case was pending was a terrible mistake by his defense team. The investigation conducted by his counsel was ineffective and insufficient.

Our law firm has been successfully defending those charged with sexual offenses for over 32 years. We know what it takes to win. Thorough investigation of all alleged victims is essential to establish motives to lie and character. A psychological evaluation on the suspect is important to establish that the suspect does not have an unnatural or abnormal sexual interest in children. Sometimes medical experts are retained to establish lack of physical evidence.

California sex crimes have hard punishments. If you have been charged with a sex crime, you need to call our experienced criminal defense lawyers for a free consultation, 888-280-6839. We have offices in San Bernardino, Riverside, Ventura, Los Angeles and Orange County. We will be there when you call.

The short answer is “no”. Unconscious victims in rape cases usually entail “date rape” victims involving the use of “date rape” drugs such as GHB or Rohypnol drugs laced into a victim’s drink by the perpetrator resulting in the victim losing consciousness or being in and out of consciousness. It may also include instances of alcohol intoxication where the victim is so drunk that she is unconscious or unaware of the nature of the act and then sexually assaulted against the victim’s will or lack of consent.

“Date rape” is non consensual intercourse between people who are dating or are together as acquaintances and spending time together willfully. The offense is prosecuted under Penal Code Section 261, the California rape law.

Penal code section 261 is a felony offense and punishment includes the following:

A sentence of 3, 6 or 8 years in state prison if convicted and fines imposed and also imposition of a "strike" offense. Penal Code 290 sex offender registration is also imposed as a consequence of a California rape conviction.

The law offices of Wallin & Klarich have over 30 years of experience dealing with countless types of rape cases. Our team of experienced and professional Southern California Sexual Assault Lawyers can work with every type of defendant in every type of case. If you or a loved one is facing rape charges (California Penal Code Section 261), please call our offices at 1-888-280-6839. We will be there when you call.

Sex between teachers and students usually ends up ugly. This case will be no exception. California law allows consensual sex between adults that are 18 years of age or older. Some of these alleged victims from New Jersey were 17 years old. California law prohibits sex with a child under the age of 18. If merely intercourse is alleged, it does not require registration as a sex offender if convicted.

Other forms of sex (oral copulation or digital penetration) with a 16 or 17 year old may not be registrable either under current California case law. Of course these teachers face a host of other administrative issues with the school district and perhaps the credentialing board in New Jersey. These cases are particularly difficult due to the position of trust teachers are placed in while teaching our children.

Wallin and Klarich have been defending teachers successfully for over 32 years. We represent teachers from the California Teachers Association (CTA). We have developed a strong reputation for being aggressive while conducting thorough and complete investigations on all our cases. School campuses can become a “fish tank of rumors” that need to be dispelled. We use experinced investigators to interview students and teachers in order to get to the truth. The stakes are enormous for these teachers and they deserve competent and aggressive representation.

If you or your loved one has been charged with a sex crime, call us now at 888-280-6839. We have offices in San Bernardino, Riverside, Los Angeles, Ventura and Orange County. Call us now for a free consultation. We will be there when you call. Visit us at www.wklaw.com

Members of the La Puente High School soccer team have accused several teammates of sexual assault, penal code 243.4 and hazing that allegedly took place over a two year period. The alleged victims have retained a lawyer to sue the alleged perpetrators. It is possible that the students may also decide to bring a lawsuit against the school district.

The allegations are that at least four members of the soccer team would haze and sexually assault other members of the soccer team. The allegations included having the victims disrobe and a “javelin like” device inserted into them.

Police report that four of the boys are under investigation by law enforcement.

The lawyer for the alleged victims claims that these acts may have taken place with the knowledge or consent of the soccer coach. The soccer coach has been placed on administrative leave during the investigation.

When a student decides to take part in athletics in high school the parents of the student are lead to believe that a qualified coach will be supervising what goes on between the players. We all know that it is common for “kid type” pranks to take place among players on a high school team. However, nobody could ever imagine that the type of behavior described by the alleged victims in this case could possibly take place if proper supervision is in place.

We will keep track of developments on this case. If the school was negligent in their supervision of the soccer team members then that information will be brought forth. Since the alleged victims have a lawyer if this information is confirmed it is highly likely the school district will be sued as well as the alleged perpetrators.

Sexual battery is a serious crime in California under Penal Code Section 243.4. This crime can be a felony and carries with it a maximum sentence of up to four years in custody. If convicted you may have to register as a sex offender per Penal Code Section 290 for the remainder of your life.

If you or your loved one is accused of sexual assault, you must call us now, 888-280-6839. We know what you are going through and you do not have to go through it alone. The aggressive sexual assault defense lawyers of Wallin & Klarich have been defending clients for over 30 years. We have offices in San Bernardino, Riverside, Los Angeles, Ventura and Orange County. We will be there when you call.