Southern California Defense Blog

Aggressive laws have been enacted at the state and federal level in an attempt to eradicate the distribution and consumption of child pornography and punish those who commit other sex crimes against children. These laws are often controversial and challenged for violating First Amendment freedoms. In California, laws have been passed aimed at destroying the market for child pornography by targeting not just consumers of the product, but also producers, distributors (including simply forwarding images to friends), retailers and marketers. Penalties also have been increased against convicted sex offenders and crimes that once carried misdemeanor charges have been upgraded to felonies.

In 2006, Prop 83, the Sexual Predator Punishment and Control Act, also known as "Jessica's Law", was passed. Prop 83 was an effort by the state to strengthen current laws against sex offenders while also adding a new residency restriction against all sex offenders prohibiting them from living within 2000 feet of a school or park used by children. Prior to the passage of the law, only certain classes of high risk sex offenders faced residency restrictions. Prop 83 also included the requirement that high-risk sex offenders submit to lifetime global positioning system (GPS) monitoring.

Some cities are moving towards adopting stricter residency restrictions than those required under Jessica's Law. For example, in San Diego, the city is considering further restricting registered sex offenders from living even greater distances of places children may be present, such as schools, daycares, libraries and amusement parks.

Prop 83 also makes it a felony to possess child pornography. Those charged with possession of child porn face up to one year in county jail or sixteen months, two or three years in state prison, a fine up to $2500 and mandatory registration as a sex offender for life. Before the passage of Prop 83, possession of the material was a misdemeanor under California state law. For those persons previously convicted for possession of child pornography, the penalties increase to up to 6 years in state prison.

Unlike pornography depicting adults in sexually explicit conduct, material with minors does not have to be obscene per se under the law in order to be a violation of California's possession laws. If the images are the product of the sexual abuse of a child, they can be confiscated and the person in possession of them can be charged with felony possession in California. Possession of child pornography in the privacy of your home is not a protected activity under the Federal or California State Constitutions.

If you or a loved one have been arrested on a Child Pornography charge, contact the experienced Southern California criminal defense attorneys at Wallin & Klarich. We’ve have been helping criminal defendants for over 30 years. Call us at (888) 280-6839 or visit us at www.wklaw.com.

If you are charged with (or being investigated for) possession of child pornography, it is critical to retain the services of an experienced child pornography defense attorney as soon as possible. Usually, the factual scenario is this:

The police or FBI come to your home to search your computer. They seize your computer and tell you they will be in contact with you at a later date.

STOP.

When that happens, you need to 1) remain silent and 2) hire an attorney. The police agency does not act alone. Often they are told what to do by the US Attorney (if the case is being prosecuted federally), or by a District Attorney if the case will be pursued in a state court. It is rarely in your best interest to speak to the police. If you retain an attorney, they would call the police assigned to your case and the prosecuting agency and try to convince them not to file a charge or to agree NOT to arrest you.

There are many valid and effective ways to defend a possession/distribution of child porn charge. Many times, you may download something and have no idea that child pornography was included in the download. In other instances, there may be more then one user on that computer. There are many software products that allow users to share files unbeknownst to them and thus what might seem like “distribution” can simply be someone taking and copying your file. Part of the elements the prosecution must prove is “knowledge” that you even had the child porn and “knowingly” distributed it. An experienced criminal defense attorney can mount a defense to the allegation that can save you the horror of prison, and life long registration as a sex offender.

If you or a loved one is accused of or being investigated for possession of child pornography, call the law firm of Wallin & Klarich. We have been successfully defending people accused of this crime for over 30 years. The stakes are too high not to.

If the District Attorneys office wants to file criminal charges against this 20 year old woman who is stating she had sexual relations with Justin Bieber, she could end up doing as much as three years in jail for having sexual intercourse with a minor. It doesn’t matter if you have sex with a “pop star” at a break at a concert or in any other location. IF the person you have sex with us under 18 years of age you can go to jail. Whether the DA will file criminal charges will depend upon many factors.

- First, do they believe the girl is telling the truth? Will a jury believe her story?

- Second, will the DNA testing confirm that Mr. Bieber is the father of this child?

If so, then the DA would have overwhelming evidence that in fact this 20 year old had intercourse with a 16 year old.

Whether the DA files charges in this case may depend in part upon the massive amount of publicity such a decision would bring to this case? Does the DA really want to make a consensual sex act between a 19 year old and a 16 year old celebrity a “major media circus”?

Had this been consensual sex between two "ordinary" people, the likelyhood of charges being brought would increase tremendously. That is why it is important to retain an experienced Southern California sex crimes attorney as soon as you think you are under investigation for statutory rape. You can contact the law offices of Wallin and Klarich at 1-888-749-0034 or visit www.wklaw.com for a free consultation.

Possession and/or distribution of child pornography in California is an increasingly serious crime and can now lead to a prison sentence of up to six years and a fine of $100,000 under penal code section 311. Conviction of this crime also requires lifetime registration as a sex offender which can have a devastating lifetime impact. It is important to know what the law is and potential defenses if you are facing this charge in California. Relevant portions of Penal Code 311 read as follows:

Every person who knowingly sends or causes to be sent, or brings or causes to be brought, into this state for sale or distribution, or in this state possesses matter, knowing that the matter depicts a person under the age of 18 years personally engaging in or personally simulating sexual conduct.. is guilty of a felony…

It is important to note that the law requires the prosecution to prove knowledge of possession or distribution to be found guilty of this charge. A viable defense in many cases is that the child pornography was inadvertently downloaded at the same time as adult pornography without that person’s knowledge. Forensic computer experts may be able to show that the child pornography found was never viewed by the person indicating that they had no knowledge it was on their computer. A “common computer” in a household may create doubt as to who specifically downloaded or distributed the matter. Each case is different and defenses that apply will vary form case to case.

If you or a loved one is facing child pornography charges in Southern California, it is important that you contact an experienced sex crimes attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of sex crimes. Our attorneys are highly knowledgeable in sex crimes law. We will aggressively fight to defend your rights and get you the best possible result in your case. Call us today at (888) 749-0034 or contact us on our website at www.wklaw.com. We will be there when you call.

Lewd act upon a child charges under penal code 288 are among the most serious child molestation charges one can face in California and a single conviction on one count of this crime can result in a prison sentence of up to eight years and lifetime registration as a sex offender. If you or a loved one is being prosecuted for this crime it is important to know what the law is and potential defenses to this crime. Relevant portions of penal code 288 read as follows:

any person who willfully and lewdly commits any lewd or lascivious act... upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony and shall be punished by imprisonment in the state prison for three, six, or eight years.

There are many potential defenses to this very serious crime and all potential defenses should be considered in defending against penal code 288 allegations. For example, it can be argued that any touching was accidental and therefore not “willful” as required to convict under the law. It is always a good idea to get a psychological evaluation done by a licensed psychiatrist or psychologist that can demonstrate that you do not have an abnormal or unusual sexual interest in young children. Expert testimony to this effect would be admissible at trial. Often times law enforcement is very suggestive to young alleged victims in these cases and can lead a young child to make allegations that are completely untrue. A thorough review of the case can uncover this type of conduct by law enforcement and this can have a major impact on the case.

If you or a loved one is facing child molestation charges in Southern California it is important that you contact an experienced sex crimes attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of sex crimes. Our attorneys are highly knowledgeable in sex crimes law. We will aggressively fight to defend your rights and get you the best possible result in your case. Call us today at (888) 749-0034 or contact us on our website at www.wklaw.com. We will be there when you call.

Starting back in 2009, a multiple prong investigation by the Justice Department and Homeland Security targeted several hundred people living in several countries across the world who they suspected were involved in a massive online child pornography ring.

Recently, it was reported that the investigation has resulted, to date, in approximately 72 people being identified and charged with possession of and distribution of child pornography and sex crimes against children. Over fifty of those identified have been arrested and 13 of those people have pleaded guilty to sex crimes. Twenty people are still at large and only known by online identities.

The child porn ring shared images of sex crimes against children on an online bulletin board. The site was called "Dreamboard." This site was very sophisticated and to be a member and to access the site the members had to follow certain rules. One of the rules was that the member had to post child porn that they produced on the site and which would allow that member access the site and the more content they produced and posted online, the more they could access from other members on the cite. The site was only accessible by child porn producers and trusted members.

The federal government’s takedown of Dreamboard resulted in the confiscation of more than a million images of child porn with in the United States. Some of the images were very graphic and depicted violent sex crimes against children.

Are you or someone you know being investigated for these types of crimes. Sometimes people may have used various computers whether at work or at home and another person may have inadvertently been charged with this crime.

If you or a loved one have been accused or charged with a possession of child pornography, it is very important that you speak with an experienced criminal defense attorney immediately, like the attorneys at Wallin & Klarich. We have over 30 years of experienced handling these types of matters and can assist you in obtaining the best possible result. Call the law firm of Wallin& Klarich today at, (888) 749-0034 to speak to an experienced Orange County criminal defense attorney about your case.

In a meeting this week, all of the council members were in favor of the notion of making a new ordinance that would support the restricting of sex offenders out of San Juan Capistrano city parks. However, some legal concerns about a proposal prompted the City Council to delay a vote on it this week.
Some of the Council members indicated that there are still many questions with the ordinance, so the council members apparently decided to research the legality of the ordinance and then take up a vote at a later meeting.

There have been two proposals recently put in place in the county.
One of which, would make it a misdemeanor for registered sex offenders to enter a city park without written permission from San Juan Capistrano Police Services. This would carry a potential punishment of probation and a fine of up to $500 and/or jail time for up to six months for a first violation. Second and third violations would have some minimum amount of jail time in addition to a fine.

Another option, would allow the authorities to grant certain time and date restraints which would permit registered sex offenders to enter these parks with a valid reason to be there with specified guidelines.
After reviewing both options, the Council members had varying ideas on which plan to implement.
This year, there have already been two cities in Orange County, Westminster and Irvine that have adopted and passed similar ordinances.

If you or a loved one have been accused or charged with a sex crime, it is very important that you speak with an experienced criminal defense attorney immediately, like the attorneys at Wallin & Klarich. We have over 30 years of experienced handling these types of matters and can assist you in obtaining the best possible result. Call the law firm of Wallin& Klarich today at, (888) 749-0034 to speak to an experienced California criminal defense attorney about your case.

In July 2009, United States Secret Service obtained information that an individual in Lakewood, California was downloading child pornography from the Internet and obtained a search warrant of the home. During the execution of the search warrant, agents found Pio Quinzon occupying the home. Mr. Pio Quinzon pled guilty to possession of child pornography, which was found on his personal use computer. Several conditions were laid out for Mr. Quinzon, which included that his computer or other computer related devices used by Mr. Quinzon would be subject to installation of monitoring technology. Mr. Quizon was against the use of the monitoring technology asserting that there were other alternatives that would be less intrusive. Subsequently, the District Court sentenced Mr. Quinzon to seven years in federal prison, with thirty years of supervised release. Included in the terms of the supervised release was that Mr. Quizon was required to have technology monitoring software installed on Mr. Quinzon’s computers. Mr. Quizon countered that the monitoring was a deprivation of his liberty such that there wwere other less intrusive methods that can be employed.

The Court of Appeal for the Ninth Circuit, affirmed the District Court’s decision in installing monitoring technology on Mr. Quinzon’s computers. The Court of Appeal explained that monitoring of Mr. Quinzon’s may be intrusive, yet it was reasonable based on the circumstances. More importantly, the District Court only intended to monitor and view instances of Internet-related usage; rather than, monitor unrelated sources such computer documents or other miscellaneous computer files. Additionally, the Ninth Circuit argued that the condition placed on Mr. Quinzon’s were narrowly tailored as Mr. Quizon had been found with images of child pornography; thus there was a significant nexus between the use of the Internet and downloading impermissible images.

If you charged with possession of child pornography, it is important that you speak with an experienced criminal defense attorney. Our Southern California attorneys will do a thorough investigation of all the facts and raise all possible defenses. Wallin and Klarich has over 30 years of experience in dealing with these cases and has successfully defended similar individuals. Please call (888) 280-6839 anytime to speak with one our attorneys regarding your matter.

If you are convicted of a sex crime that triggers the lifetime requirement to register as a sex offender, you will be responsible for abiding by certain requirements.

A failure to do so can result in additional jail time. If you were convicted of a felony sex offense and you violate the registration requirements, you can be thrown into state prison for up to three years. You can spend up to one year in county jail if the underlying offense was a misdemeanor.

These are the basic rules to registering as a sex offender:

Where do I Report?
You must appear in person to register with the police department of the city where you live, or with the sheriff's department if there is no police department.

How often do I Report?
You must register every year for the rest of your life. You must update your information within 5 days after your birthday, or within 5 days of changing your address.

What if I am Homeless?
Even if you are homeless, you still have an obligation to register. You would have to register as a “transient” within 5 working days after being released from custody. You will have to register with the nearest law enforcement agency where you are physically present and you must update your information every 30 days.

What if I Change My Name?
You must inform the law enforcement agency of your name change within 5 working days after the name change.

Do I Register if I am Attending a California University?
Yes. If you are enrolled or employed by the University of California, California State University, community college or other institution of higher learning, you will be required to register with the campus police department in addition to your normal registration requirement.

Do I Have to Register in California if I was Convicted of a Sex Offense Out-of-State?
If you were convicted of a sex offense in another state, you will likely be required to register in California if you were required to register in your other state.

What if I Have More than One Residence?
If you live in two different addresses, you need to register with law enforcement agencies near each residence.

Do I Have to Register if I am a Juvenile Sex Offender?
Yes, but your identity cannot be publicly disclosed by law enforcement as a registered sex offender.

Can I Get Out of Having to Register as a Sex Offender?
Yes. You can get a certificate of rehabilitation or a governor’s pardon to relieve yourself of the duty to register as a sex offender. You will need to help of an experienced criminal defense attorney. At Wallin & Klarich, our attorneys have been in practice for over 30 years and can help you get out of registering as a sex offender. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there for you when you call.

Megan's Law

Megan's Law allows the state to post your picture and address on the Department of Justice website if you have been convicted of certain sex offenses. The date of conviction does not matter. In certain cases, it is possible to have your name, address, and picture taken off the website. For instance, if your conviction is for a misdemeanor violation of Penal Code sections 647.6 (annoying or molesting a child under 18 years of age) or 243.4 (sexual battery) you simply have to send the DOJ a petition for exclusion. This petition can be found on the DOJ website (www.meganslaw.ca.gov)

If you are on the DOJ website for any other offense, you can only be excluded if ALL of the following conditions apply:

1. You are currently are on probation or have successfully completed probation. If you went to state prison you are NOT eligible for exclusion. ALSO,
2. The victim must have been a family member. This is defined as son/daughter, step son/daughter, mother, father, sister, brother, grandchild, or grandparent. "Family member" does not include nephews or nieces. FINALLY,
3. The crime must not have involved oral copulation or any type of penetration. It is the burden of the petitioner to prove this by the police report, probation report, Doctor's report evaluating the offender, or other like official document

Jessica's Law (Proposition 83)

Jessica's Law is a very complex and multifaceted initiative that passed into law on November 7, 2006, and it will be several years before most of the provisions have been interpreted by the courts. The legislature may also make changes and amendments in the meantime. However, at this point it appears that the 2,000 foot prohibition (preventing all 290 registrants from living within 2,000 feet of a school or park) does NOT apply to anyone whose conviction pre-dates the passage of the bill. Be aware that Attorney General Jerry Brown has maintained that the measure applies to persons who were released before November 7, 2006, "if they changed their residence after November 7, 2006." To date, no court has ruled on this issue.

If you are on Parole, the Parole Board may require you to comply with the provisions of "Jessica's Law," even if the offense for which you are currently on parole is not a sex offense, or your offense pre-dates the passage of Jessica's Law. The Parole Board can impose greater restrictions on you so long as it is reasonably related to your offense or record, and it is unlikely that you will be able to successfully challenge the conditions of parole. It is a different issue, however, once you are off parole. At that point, your ability to challenge such limitations improves

The law regarding GPS monitoring remains largely unclear. However, it does seem clear that any person who is on parole for a registerable sex offense can be required to be hooked up to a GPS for the duration of parole. It is not clear whether it is a lifetime requirement if the crime or conviction predates the passage of the law. It is also unclear if a person on parole for a non-registerable offense, but who is required to register as a sex offender, can be placed on the GPS under this law.

If you questions about how these laws apply to you, or how you can get off PC 290 registration, contact the experienced Southern California criminal defense attorneys at Wallin & Klarich. We’ve have been helping criminal defendants for over 30 years. Call us at (888) 280-6839 or visit us at www.wklaw.com.

An Orange County jury found Christopher Ontiveros, a former high school history teacher at Oxford Academy, not guilty of engaging in sex acts with a 17-year-old female student.  Mr. Ontiveros was charged with three felony counts of sexual penetration of a foreign object of a minor, one felony count of oral copulation of a minor, and one misdemeanor count of contacting a child with the intent to commit a specified crime. If found guilty, Mr. Ontiveros would face a maximum of six years in state prison and lifetime sex-offender registration.

The case began in October 2009 where the student, who was being mentored by Mr. Ontiveros, accused him of sexual penetration and oral copulation in and outside of his classroom from June to September 2009.  Almost two years after the initial allegations, Mr. Ontiveros got his day in court.  Mr. Ontiveros was represented by David R. Cohn of Wallin and Klarich.

During the trial, the prosecution was armed with significant amounts of circumstantial evidence that included sexual explicit text messages found on the female student’s phone and several pictures depicting the student and Mr. Ontiveros.  Mr. Cohn countered these pictures by explaining that the pictures were taken out of context, since the pictures were taken on the last day of school with a classroom full of other students who were waiting to also take pictures with Mr. Ontiveros.

Mr. Ontiveros denied ever sending the girl any text messages.  A forensic examination of Mr. Ontiveros’ phone by police did not turn up any explicit messages sent to the student.  On cross-examination, the student testified that, prior to turning her cell phone over to school administration, she took the time to consciously delete all her text messages from her sent-box. “My theory is that she sent the text messages,”' Cohn said, adding, "No one has ever seen a message in her outbox, only ones in the in box... And there's nothing in his phone that matched up.''

The intense trial, which involved over 30 potential witnesses of police officers, former students and teachers, lasted two weeks and almost two full days of jury deliberations.  Mr. Cohn praised the outcome.  Mr. Ontiveros and his group of many supporters were very emotional and pleased after the verdicts were read.

Existing law, the Sex Offender Registration Act, requires persons who have been convicted of specified sex offenses to register with local law enforcement. Existing law requires that the registration include the person’s address, fingerprints, current photograph, and license plate number. Existing law requires the registrant to update his or her registration annually, upon moving, or upon changing his or her name. Under existing law, failure to register is a crime. Existing law provides that a person who is required to register who willfully violates any requirement of the act is guilty of either a misdemeanor or a felony, as specified.

This bill would additionally require that the registration include a list of all Internet identifiers and service providers, as defined, used by the person. The bill would require the registrant to update this information, as specified. By increasing the scope of a crime, this bill would create a state-mandated local program.
This would include passwords and user names to Facebook, MySpace, emails, Craiglist accounts, etc. It further puts the individual required to register per Penal Code 290 under scrutiny. The state legislator has not yet defined if the bill will apply to all Penal Code 290 registrants, or just ones convicted of certain crimes.

Certain groups such as the ACLU, and other groups have begun to monitor the constitutionality of those bill. Obviously it broadens the instruction law enforcement has on scrutinizing the lives of sex offenders. Other have hailed the bill as needed as many California sex crimes are committed either over the internet, or aided by the internet in that “predators can use it to find their victims” as one CA lawmaker put it. The Southern California Defense Blog will be monitoring this bill as it progresses through the legislator.

If you have any questions, please feel free to call us at 888-749-0034.

The penalties for violating California's "lewd acts with a minor" law vary, depending on

1. the age of the child (and possibly the age difference between you and the minor), and

2. the specific facts of the case (for example, did the act involve force or violence?), and

3. your criminal history.

If prosecutors charge you with California child molestation when the alleged victim is 14 or 15 years old and you are at least ten years older than the minor, the charge is what's known as a wobbler. A "wobbler" can be filed as either a misdemeanor or as a felony.
The only true difference between misdemeanor and felony sentencing for a "lewd acts with a minor" charge lays in (1) the fine, and (2) the potential jail/prison sentence.
Misdemeanor child molestation subjects you to a maximum one-year county jail sentence and a maximum $1,000 fine. Felony charges subject you to one to eight years in the state prison and a maximum $10,000 fine.
Otherwise, you face the following penalties violating any California Penal Code 288 PC "lewd acts with a minor" law:

-Penal Code 290 PC registration as a sex offender,
-a requirement that you pay for any medical or psychological treatment that the minor incurs as a result of the offense, and
-an additional and consecutive five-year state prison sentence if the minor suffers great bodily injury because you use force or violence during the offense ("great bodily injury" is a significant or substantial physical injury).

It's also important to understand that each independent act of child molestation is a separate offense, punishable as its own violation. This means that if, for example, an individual were to fondle one part of the minor's body...and were to then fondle a different part of the minor's body...prosecutors could charge the perpetrator with two acts of "lewd acts with a child."

If you or a loved one have been charged with “Lewd Acts with a Minor” contact the experienced Southern California criminal defense attorneys at Wallin & Klarich. We’ve have been helping criminal defendants for over 30 years. Call us at (888) 280-6839 or visit us at www.wklaw.com.

California Penal Code Section 290 requires every person convicted of a Penal Code Section 290 sex crime to register as a California sex offender. PC 290 (b) requires specifically to register with the city police or the county sheriff where the individual resides and additionally with college campus police if the individual resides upon campus or in any of its facilities, within 5 working days of coming into, or changing his/her residence within any city, county, or city and county or campus in which he/she temporarily resides.

In some instances under PC 290.010, an individual must register more than one residence address if he/she regularly resides regardless of the number of days or nights spent there.

This area of law is particularly complex and requires the experience and knowledge of the professional attorneys at the San Bernardino office of Wallin & Klarich.

If you or someone you love has been accused of a sex crime in California, contact the experienced Southern California criminal defense attorneys at Wallin & Klarich today at 1-888-280-6839 or www.wklaw.com for a consultation of your case. We can help you.

If you have been convicted of an offense that requires you to register as a sex offender under Penal Code § 290 in Riverside County, it is important to know what you are required to do.
1. You must register every year, within five working days of your birthday. (*Transients must update their information every 30 days, and some convicted sex offenders are required to update their information every 90 days.)
2. You must register with the chief of police of the city in which you reside.
3. If you are residing in an unincorporated area or a city that has no police department in Riverside County, you must register with the Riverside County Sheriff’s Department.
4. If you if are residing upon a campus of the University of California (UCR), a California State University, or any community college, you must register with the chief of police of the campus/college.
5. You must register within five working days of coming into, or changing your residence.
6. If you fail to do any of these requirements, you will be facing a new felony charge and could be sent to prison.

If you or a loved one are facing charges for failing to register as a Sex Offender in Riverside County or anywhere else throughout Southern California, call Wallin and Klarich today. Wallin and Klarich has a team of highly skilled, aggressive criminal defense attorneys ready to take your call 7 days week, 24 hours a day! Wallin and Klarich has been in the business of helping people facing failure to register charges and several other criminal charges for over 30 years and we would like to help you with yours! A qualified, experienced criminal defense attorney from the firm will be able to evaluate your case when you call.

In the last two days Wallin and Klarich has received 2 phone calls from hard working fisherman who will lose their job due to this new ordinance.

One of the calls was from a man who was found guilty of indecent exposure as a misdemeanor almost 8 years ago and he has been working for last several years as commercial fisherman in Dana Point. When the new law was passed everyone was told that you could apply for an “exemption” with the Orange County Sheriff. This gentleman applied and was told two days ago he was denied. This means he will lose his job, will not be able to support his family and will likely end up on welfare. Is this what the citizens and taxpayers of Orange County want?

Another caller told us he was convicted of attempted rape of his former wife over 20 years ago. He has to register to this date as a sex offender. HE has worked in the harbor for the last 12 years. He applied for an exemption from the OC Sheriff and he also was denied. This means he will lose his job and will not be able to support his family?

Is this what the citizens of Orange County want. At a time when unemployment sits above 10% in Orange County due we really want to pass laws that will result in more people losing their job. These men have been crime free for many years and presently are not a threat to anyone’s safety. All they want to do is go to work and support their family.

If you are having similar issues with this new orange county ordinance do not hesitate to contact Wallin and Klarich at 877-466-5245. We will be there when you call.

In response to a recent Orange County law banning sex offenders from county parks and beaches, on May 16, 2011, Huntington Beach will vote on a similar law banning sex offenders from Huntington Beach City beaches and parks.

The new law will impose a profound burden on police resources already depleted by the California budget crisis. Also, advocates question the wisdom of the ban, arguing that the ban merely projects a false sense of security within the community.

The Orange County District Attorney has pushed for these laws throughout the county, but it will not have to expend it own resources to apprehend these suspects. Instead, it will rely on law enforcement to enforce a policy that has no factual support as to its efficacy.

These laws are part of a movement to punish convicted sex offenders, no matter how minor the offense and no matter how great the cost to enforce. Because of the significant consequences associated with a sex crimes conviction or guilty plea, if you are accused of a sex crime, contact a Southern California criminal defense attorney immediately so you and your lawyer can begin your defense.

If you or someone you know has been accused of a sex crime, you will need a competent Southern California sex crimes defense lawyer who will diligently defend you, especially because you are not only facing incarceration but sex offender registration. At Wallin & Klarich, we have over 30 years experience defending sex crimes. Call us today at (888) 280-6839 or visit us at our website at www.wklaw.com. We will be there when you call.

If you are an individual that must register under Penal Code 290, and have been taken into custody for more than 30 days, you must re-register when you get out of custody.

Under Penal Code section 290.015(a) a person who is subject to the Act shall register, or reregister if the person has previously registered, upon release from incarceration or release on probation pursuant to subdivision (b) of Section 290.

Being in custody for even an unrelated reason for more than 30 days, will mandate that you reregister back at the residence that you are returning to, and you must reregister if you are returning to another location. The laws in this area are numerous and very complex.

If you or a loved one is facing a sex charge, contact the criminal defense attorneys at Wallin and Klarich. We at Wallin and Klarich have many years of experience successfully defending people charged with sex crimes. It is important to contact us as soon as possible due to the seriousness of the charges. A sex crime conviction can result in not only jail or prison time and other stiff penalties but can have lifelong effects including requiring you to register for life as a sex offender.

We will work to aggressively defend you by investigating all aspects of your case. We will work to ensure that your rights are protected and that you clearly understand the legal process. The attorneys at Wallin & Klarich can be reached by phone at 1-877-230-1529 or through our website at www.wklaw.com. We will be there when you call.

The dating website Match.com announced that it will begin screening its existing and new user lists for registered sex offenders. This announcement was made following a lawsuit in which a Match.com user alleged that she had been raped by someone she had met through the site.

Although the president of Match.com said that for years the site had considered include that safeguard, it decided against it due to the unreliability of the national sex offender database.

However, due to improved technology and database registries, Match.com will now be implementing the changes within the next two months.

A conviction for a sex crime that results in a mandatory requirement to register as a sex offender (Penal Code Section 290) can have life-long consequences that negatively affects your freedoms and lifestyle choices – such as online dating.

If you are facing sex crime allegations (i.e., rape, lewd and lascivious acts with a minor, sexual battery, etc.) that may impose a requirement to register as a sex offender in California, it is imperative that you seek the legal aid and counsel of an experienced criminal defense attorney.

The attorneys at Wallin & Klarich have over 30 years of practice experience and can help you achieve the best possible outcome in your case. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there for you when you call.

On May 5, 2011, a new law in Orange County, California will prohibit sex offender registrants from going to public beaches, parks, and other recreational areas in the county.

A law cannot violate constitutional rights. This new law provides that registered sex offenders can only go to these public park locations if they receive "consent," but there is no procedure for requesting "consent" or what the registrant must show to be granted consent.

Clearly, society has an interest in protecting itself from sexual predators. However, in recent years, the restrictions for registered sex offenders have been unreasonably expanded, and people who plead guilty to minor offenses, such as a 20-year-old male who has sex with his 17-year-old girlfriend, or an intoxicated person who exposed himself on one occasion at a party, may be required to register as sex offenders. Should those individuals be banned from all public county parks for life? More importantly, what procedure governs who will be given consent to visit the nearly 60,000 acres of county parks, beaches, and harbors?

The other major constitutional problem with this new law is enforcement. Can you imagine being at the beach with your family when a police officer approaches you and asks if you are a registered sex offender? Why would they single you out? What kind of clues do officers look for to identify sex offenders at the beach? And if the officers cannot identify sex offenders by how they look, how will the law be enforced?

If law enforcement will only be able to arrest you if they personally recognize you as a registered sex offender, then the law places a huge burden on officers to identify registrants. Think about it: police officers will be required to carry a photo of every Orange County sex offender, and if they see someone suspicious, they will have to match that person’s face to one of the thousands of sex offender photos they will be required to carry. And how will law enforcement identify the thousands of sex offenders from other counties and states, who are likewise banned from Orange County beaches?

Our laws require law enforcement to have reasonable suspicion before they can detain you while you and your family spend quality time at the beach. Unless the county tags each sex offender with a tracking device, this new law will not work.

If you or someone you know has been accused of a sex crime, you will need a competent sex crimes defense attorney who will diligently defend you, especially considering that you are not only facing incarceration but sex offender registration. At Wallin & Klarich, we have over 30 years experience defending sex crimes. Call us today at (888) 280-6839 or visit us at our website at www.wklaw.com. We will be there when you call.