Criminal Defense
What Does the Prosecution have to Prove in Order to Convict a Defendant of Showing or Sending Harmful Material to Seduce a Minor in Violation of California Penal Code Section 288.2(a) and (b)?
In California, it is a crime to send harmful material to a minor in an attempt to seduce that minor. A minor in California is anyone who is under the age of 18. California Penal Code Section 288.2(a) provides that every person who, with knowledge that a person is a minor, knowingly sends any harmful matter to a minor with the intent of seducing the minor is guilty of a…
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Sex Offender Laws Require “Actual Knowledge” of Registration Requirement – California Penal Code Section 290
If you have been previously convicted of a "registerable" offense (an offense listed in Penal Code section 290) in California, then you must register as a sex offender. Additionally, even if the offense you committed is not listed in Penal Code section 290, the judge can still require you to register as a sex offender if the judge determines that the offense you committed was sexually motivated. Once you are…
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California Court of Appeal Clarifies “Force” Requirement of False Imprisonment – PC Section 236-237
In the recent case of People v. Santos Dominguez (2010) 2010 WL 60237 (hereafter Dominguez), the California Court of Appeal held that the amount of force required for false imprisonment of an unresisting infant or child is the amount of physical force required to take and carry the child away a substantial distance for an illegal purpose or with an illegal intent. The court also clarified what constitutes "violence, menace,…
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Admissibility of DNA Evidence in a Rape Case
The California Supreme Court seems likely to allow wide latitude for prosecutors to use DNA evidence to extend the statute of limitations in crimes such as rape. The statute of limitations is the amount of time a prosecutor has to file charges against the alleged defendant. If the prosecutor does not file charges in time, then the defendant cannot later be prosecuted for that crime. In November, the California Supreme…
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Polanski Has Options to Have Case Dismissed
The Los Angeles district attorney has announced that if Switzerland does extradite filmmaker Roman Polanski, the criminal case from which he fled 31 years ago will be reopened. Polanski was originally indicted by the grand jury on six felonies that included rape against a 13 year old, but these charges were later dismissed after he accepted a deal to plead guilty to unlawful intercourse with a minor. Legal experts however,…
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California Court Rules that Search of a Computer Not Specifically Mentioned in Search Warrant, Violated Defendant’s Rights
Police obtained a warrant to search the property of a defendant thought to be a drug dealer. While in the house executing the search warrant, police officers decided to also search the defendant's computer and discovered child pornography. As a result of the search of the computer, the homeowner was charged with unlawful possession of child pornography. Although the search warrant did not specifically authorize a search of any computers,…
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Hofstra University Student Falsely Accused of Rape Return to School
On Friday, September 18, 2009 a Hofstra University Student returns to school to after being falsely accused of rape. Authorities dropped charges and freed four men, one of which was a Hofstra student, hours after their accuser told law enforcement that she had made up the sexual assault. The accuser initially said that she had been forcibly tied up and sexually assaulted in a dormitory bathroom. However, after authorities told…
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Conviction for Assault is Reversed Where the Judge Denied Defense Counsel’s Motion for Separate Trials
In People v. Earle, the trial court denied the defendant's motion for separate trials. 172 .4th 372 (2009). The defendant was charged with one count of misdemeanor indecent exposure and another count of felony assault in California. These counts occurred on different days, in different locations and with different victims. The defendant conceded that evidence against him for the indecent exposure count was strong but was forced to go to…
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Community is a Haven for Sex Offenders
An Experienced Criminal Defense Firm Will Do Everything Possible in Order to Prevent their Client from Having to Register as a Sex Offender Antioch, a small community outside of San Francisco, has recently been making national headlines for being the home of over 100 sex offenders. Most specifically, it was the home of sex offender Phillip Garrido, who is accused of holding Jaycee Lee Dugard against her will for the…
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Kidnapped Girl Found 18 Years after Being Abducted
An Experienced Criminal Defense Attorney Will Take All Steps Necessary to Neutralize Any Prejudice a Criminal Defendant Faces in the Press While Diligently Defending Against Serious Charges A report filed by Elizabeth Espinosa for details the incredible story of a 29-year-old girl who was recently found after being kidnapped and held captive for 18 years. The girl was abducted nearly two decades earlier from a school bus stop in South…
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