Criminal Appeals
Juvenile Sex Crime Appealed
Cursory Investigation of Potentially Exculpatory Evidence Amounts to Inadequate Assistance of Counsel for Minor – Why You Need an Experienced Juvenile Defense Attorney When hiring a criminal defense attorney in California to represent your child, be sure he/she is competent, aggressive and thorough. In the case of In re Edward S. 2009 DJDAR 6066, the Court of Appeal ruled that a minor's trial had to be reversed and remanded back…
Read More
California Sex Crime Conviction Reversed
California Court of Appeal Reverses Conviction of Defendant Found Guilty of Sex Crime for Showing Harmful Matter to a Minor A jury in California found a defendant guilty of California Penal Code Section 288.2(a) for showing a 16-year-old girl pornographic images on the television. The defendant appealed that decision, and the California Court of Appeal reversed the conviction holding that there was insufficient evidence for the sex crime in California.…
Read More
California Certificate of Rehabilitation
How Do I Apply for a Certificate of Rehabilitation? Do I Need to Hire a Criminal Defense Attorney? If you've ever been convicted of a crime in California, you know that the feeling of regret soon follows. You try your best to live the rest of your life as a different person, a better person than the person you were at the time of your arrest, but the shadow of…
Read More
“Sexting” Can Lead to Jail Time and Being Registered as a Sex Offender
Recently a well known 18 year old actor decided to "get back" at his 16 year old girlfriend by sending naked photos via text message of the minor to several people, an act known as "Sexting". The 16 year old became upset and told her parents. Her parents told local police. The 18 year old will likely regret this decision for the remainder of his life. He was arrested by…
Read More
California Sex Offender Laws Influenced by Emotion, Not Facts
Sex Offender Laws are Based on Emotion Rather Than Facts, And That Is Why You Need A Criminal Defense Attorney In 2008, the State of California spent $22 million to house sex offenders on parole who must abide by Jessica's Law or Proposition 83. The proposition, which passed a little over two years ago, requires those convicted of sex crimes in California from living within 2,000 feet of schools, parks,…
Read More
Equal California Protection Rights of Criminal Defendants
Criminal Defense Attorney Proves the Sex Offender Registration Imposed 20 Years Ago Violated Equal Protection Rights of Criminal Defendants Twenty years after a sex offender was convicted by a jury of oral copulation with a minor and was required to register as a sex offender, the offender moved to lift the lifetime registration requirement. The Superior Court denied the motion. In Lewis v. Superior Court, 169 .4th 70, the California…
Read More
Juvenile Attempted Child Molestation
Juvenile Defendant Wins New Trial in Child Molest Case Based Upon Ineffective Assistance of Counsel for Failure to Properly Investigate the Facts of Case Recently the court of appeals has reversed the conviction of a juvenile who was accused of attempted child molestation after the juvenile was found guilty by a judge of committing the alleged offense. The court of appeals found that the juvenile had received deficient legal representation…
Read More
California Sex Offender Registration
The Sex Offender Registration Imposed 20 Years Ago Violated Equal Protection Twenty years after a sex offender was convicted by a jury of oral copulation with a minor and was required to register as a sex offender, the offender moved to lift the lifetime registration requirement. The Superior Court, denied the motion. In Lewis v. Superior Court, 169 .4th 70, the California Court of Appeal held that mandatory sex offender…
Read More
California Sex Crime Conviction Can Cost You Your License
If I Am Charged with Lewd Conduct, Soliciting ad Engaging in Prostitution, Do I Need a Criminal Defense Attorney to Protect Me? Can I Lose My Driver's License? Under California law, the court may impose a suspension of driving privileges on individuals convicted of lewd conduct, or soliciting or engaging in prostitution in California. A conviction allows the court to impose a 30 day license suspension, or in lieu of…
Read More
Attempted Lewd Act in California Does Not Require Physical Proximity
To Be Convicted of Attempted Lewd Act Does Not Require You to Have Actually Entered the Room with a Minor Jeffrey MacKanin, a California Department of Justice special agent supervisor who oversaw a Federal and State task force investigating child exploitation crimes, posed online as a 13-year-old runaway girl named "Hope". On December 7, 2004 Arthur Crabtree, an attorney who sometimes acted as a "Pro Tem Judge" and was once…
Read More