Criminal Defense
Los Angeles County Sexual Assault Cases to go Unprosecuted
Los Angeles County District Attorney's Office Unable to Prosecute More Than 200 Sexual Assault Cases According to the results of an audit released last month, more than 200 open cases of sexual assault in Los Angeles County will not be prosecuted. This is the result of the LAPD's Scientific Investigations Division failing to test DNA evidence before the 10 year Statute of Limitations passed. The audit further found that…
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California Felony Charges with Great Bodily Injury by Pregnancy
Pregnancy Can Be Considered "Great Bodily Injury" Under California law, anyone who in the commission of a felony "personally inflicts great bodily injury….shall be punished by an additional and consecutive term of imprisonment." (Penal Code §12022.7, subd. (a), italics added.) Under the "one strike law" (§667.61), when a Defendant is convicted of a specified California sex offense, and the jury finds true a 12022.7 allegation, the court must sentence the…
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Internet Sex Crimes Can Start in a Chat Room
Be careful on the Internet If you find yourself in a chat room or talking to someone online, be careful of the age of that other person. California makes it a crime to discuss sexual matters online to someone who is under 18 years old, or somoene who you "think" is under 18 years old. Police throughout California have received grants from the federal government seeking to crack down on…
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Fourth Rape Charge Faced by Former Deputy Sheriff
Retaining a skilled felony criminal defense law firm is critical when facing rape charges Sheriff's Sgt. Mike Rodriguez was arrested recently on suspicion of his fourth rape charge along with two other felony counts including possession of firearms and ammunition while under a restraining order. Rodriguez was also charged with three misdemeanor counts on suspicion of violating a restraining order. Rodriguez was arraigned on the three prior rape counts and…
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Sex Crime Law and Megan’s Law Hysteria
Are you or a loved one charged with or convicted of a sex crime? If so, a host of complicated legal issues await you. The California sex crime defense lawyers at the law firm of Wallin & Klarich has represented thousands of individuals over the past 30 years that have had legal issues with the justice system regarding sex crimes. Issues such as: 1) Successful representation at the trial court…
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Still Registering as a Sex Offender? Looking to Stop? This Three Part Series Will Discuss The Different Ways We Can Help You Get Off The Registration Rolls (Part 3)
Part III - Governor's Pardon In the event that you are registering as a sex offender in California, and your offense does not come within the Hofsheier decision, and a certificate of rehabilitation will not be enough to get you off of the registration rolls, there is still hope for you yet in the form of a governor's pardon. There are two ways to go about seeking a governor's pardon:…
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Still Registering as a Sex Offender? Looking to Stop? This Three Part Series Will Discuss The Different Ways We Can Help You Get Off The Registration Rolls (Part 2)
Part II - Certificate of Rehabilitation Did you know that, if you are registering as a sex offender in California pursuant to Penal Code section 290, that you might be able to go back to court and get a judge to relieve you of your obligation to register without having to seek and obtain a full pardon from the governor? Our office has found that many judges, district attorneys, and…
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Still Registering as a Sex Offender? Looking to Stop? This Three Part Series Will Discuss The Different Ways We Can Help You Get Off The Registration Rolls (Part 1)
Part I - People v. Hofsheier If you or a loved one is subject to California's mandatory sex offender registration law (Penal Code section 290, also known as "Megan's Law") because of a sex crime conviction in California, we may be able to help you get your name off the registration rolls. The California Supreme Court ruled in People v. Hofsheier (2006) 37 Cal.4th 1185 that, as applied to certain…
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When Are A Rape Victim’s Prior False Allegations “False Enough”?
When is a prior false allegation of rape by a rape victim really "false enough" to have it admitted at your trial when you are accused of a sexual offense? When an accused is facing allegations of rape or molestation or any related crime and the defendant or his family tells you that the alleged victim has a "history" of bringing false allegations of rape or sexual assault in the…
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Pretext Telephone Calls
A recent report in a newspaper in the United Kingdom reported that police in that country are planning to start using "pretext" telephone calls and text messages in an attempt to get rape suspects to implicate themselves. The tactic involves alleged victims who, under police supervision, contact alleged perpetrators via text message or telephone call in an attempt to get the alleged perpetrator to make admissions that corroborate the victim's…
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