Sex Offenses
If you were convicted of a sex crime and are required to register as a sex offender (PC 290) you may be able to challenge your requirement to continue to register
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…
Read MoreIs your lawyer doing all of the things they need to do to properly defend you if you are facing a sex crime charge? Part 1
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…
Read MoreCourt To Decide If PC 290 Registrants Can Legally Be Barred From Public Parks
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…
Read MoreREGISTRATION AS A SEX OFFENDER IS NOT ALWAYS FOR “LIFE” IN CALIFORNIA
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…
Read MoreTwo Members Of The United States Navy Arrested On Allegations Of Rape In Japan
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…
Read MoreSandusky Gets Sentenced
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…
Read MoreIs there a difference in punishment if the victim of a rape is unconscious as opposed to being awake? (Penal Code section 261)
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…
Read MoreNew Jersey Teachers Arrested for Sex Charges
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.…
Read MoreLa Puente High School Soccer Players Accused Of Sexual Assault And Hazing (PC 243.4)
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…
Read MoreWhen is it a crime to engage in an act of sodomy in California?
For many years it was a crime to engage in an act of sodomy in California. Believe it or not that meant that you could be prosecuted and sent to prison for engaging in a consensual act of sodomy with another adult. Luckily, those days have passed and consenting adults are free to engage in whatever sexual acts they prefer. However, sodomy is still a very serious crime in California…
Read More