Los Angeles Sex Crime Defense Blog

The California Court of Appeals recently ruled that the trial court erred in failing to hold a hearing on the relevance of the alleged victim’s sexual conduct earlier in the day as an alternative explanation for her vaginal and oral injuries.

In People v. Fontana, 2010 D.A.R. 9255, the defendant was charged with sexual penetration by force under California Penal Code Section 289. The defendant admitted to strangling the victim but denied committing any sexual conduct. The defendant claimed that the victim conducted sexual activity earlier in the day with another person. The court did not hold a hearing on the admissibility of this issue. The court of appeals found that the trial court erred in not holding a hearing on the relevancy of the alleged victim’s sexual conduct. However, the court of appeals found that the error was not prejudicial since the court eventually held in a hearing, following a new trial motion which established the earlier sexual conduct could not have caused the vaginal injuries. The court of appeals affirmed the defendant’s conviction.

Sexual penetration by force under California Penal Code Section 289 is punishable by imprisonment in state prison for up to eight years. A conviction for this crime will also result in mandatory sex offender registration under the Sex Offender Registration Act. See California Penal Code Section 290. The requirement to register lasts a lifetime.

If you or a loved one is facing a sex crimes charge, it is important that you speak with an experienced sex crimes attorney. At Wallin & Klarich, our Southern California sex crime attorneys have over 30 years of experience. We will defend your rights and fight to keep you off of the sex offender registry. Call us today at (888) 280-6839 or contact us through our website at www.wksexcrimes.com. We will be there when you call.

On July 15, 2010, a man accused of trying to take pictures of two underage girls outside the Stanton Public Library was charged with felony possession of child pornography and annoying a child. He pled not guilty to both charges.

On July 13, 2010, Alejandro Lorenzo Contreras, 24, was arrested after two girls accused him of trying to take their picture with his cell phone. Earlier that day, he had allegedly followed three girls into the library and tried to talk to them as they exited. Sheriff deputies looked through his phone and found images of other females who appeared to be underage and in various stages of undress.

Deputies also seized Contreras’ home computer.

Contreras is believed to be an undocumented immigrant and an immigration hold has been placed. He is currently held without bail.

Under California Penal Code section 311.11(a), a person who knowingly possesses images of a minor engaging in sexual conduct is guilty of possession of child pornography. Sexual conduct includes nude and semi-nude depictions of a minor. If the crime is charged as a misdemeanor, the person may be punished by up to a $2,500 fine and up to a year in county jail, or both. If charged as a felony as in Contreras’ case, the person may be sentenced to 16 months, 2 years, or 3 years in state prison.

Under California Penal Code section 647.6(a)(1), annoying or molesting a minor is punishable by a fine of up to $5,000, up to a year in county jail, or both. A conviction under section 647.6(a)(1) does not require the person to actually touch the victim, but it does require that the person act in a way that would almost certainly annoy someone, and that the person’s behavior was motivated by an abnormal sexual interest in the victim.

If you or someone you know has been accused of a sex crime, you need an experienced Orange County criminal defense attorney who will vigorously represent you, especially considering the profound legal and social consequences of an adverse result. At Wallin & Klarich, we have helped people who have been accused of sex offenses for over 30 years. Feel free to contact us at (888) 280-6839 begin_of_the_skype_highlighting              (888) 280-6839      end_of_the_skype_highlighting begin_of_the_skype_highlighting              (888) 280-6839      end_of_the_skype_highlighting or visit us at our website at www.wklaw.com. We will be there when you call.

According to the L.A. Times, Switzerland has rejected the United States’ extradition request of movie director Roman Polanski to face sentencing for having sex with a 13-year-old girl. The director was arrested and has been in custody since September of 2009. The Swiss police arrested Polanski when he went to Switzerland to accept a lifetime achievement award at a film festival. The arrest was performed at the request of the authorities in Los Angeles.

The Swiss Justice Department cited as one of the reasons for their denial to order extradition because the request was “undermined by a serious fault.” The Swiss said the U.S. failed to turn over certain documents. The Swiss wanted to determine whether the 42 days Polanski had already spent in a Los Angeles jail would have been considered sufficient time served for having sex with a minor. The Swiss also denied the extradition request because the U.S. had not made any request for years, even though it knew Polanski had bought a house in Switzerland and was a regular visitor there.

Extradition is the process in which one state or country sends a person to another state (the “demanding state”) for a crime committed in that demanding state. Extradition is usually used when a defendant flees a state to escape prosecution. The state that the fleeing defendant goes to does not have jurisdiction over crimes committed in another state. The defendant must be extradited back to the state where he will be tried for the crimes that he or she allegedly committed.

If facing extradition, it is highly critical that you have an experienced extradition attorney defending you. Having an experienced Southern California extradition attorney make the difference as to whether you are extradited or not. At Wallin & Klarich, our attorneys have over 30 years of experience in handling extradition cases. We will aggressively fight for you and make sure your rights are defended. Call us today at (888) 280-6839 or contact us through our website at www.wklaw.com. We will be there when you call.

It was recently reported in the OC Register that Jerry Ayala, 44, of Santa Ana was arrested at his home on suspicion of felony sodomy with a person under 16 years of age, lewd and lascivious acts with a child under 16, and manufacturing drug paraphernalia with the intent to deliver or grow.

Police officers interviewed the alleged victim who claims he was abused several times between December 2008 and April 2009. Detectives claimed to have found physical evidence at Ayala’s home that corroborates what the alleged victim told police.

Sexual molestation is a serious crime in California. Under California Penal Code Section 288(c)(1), 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 14 or 15 years of age, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, and that person is at least 10 years older than the child, is guilty of a public offense and shall be punished by imprisonment in the state prison for one, two, or three years, or by imprisonment in a county jail for not more than one year.

A child molestation conviction also requires registration under the Sex Offender Registration Act. See California Penal Code Section 290. The law requires the defendant to register as a sex offender for the remainder of his or her life in most cases. The offender’s information will also be published on the Meagan’s Law website. The public will be able to view the offender’s name, home address, photo, and other identifying information.

If you or a loved one is facing a sexual molestation charge, it is important that you speak with an experienced sex crimes attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of sex crimes cases. We will aggressively fight to defend your rights and keep you off of the Sex Offender registry. Call us today at (888) 280-6839 or contact us through our website at www.wklaw.com. We will be there when you call.

The California Courts granted defendant Robbie Landry’s motion to withdraw a guilty plea while rebuking his original attorney Danny Davis for ineffective assistance of counsel. The Defendant relied on Davis’ risky “all or nothing” strategy to get the case dismissed on a technicality, rather than preparing for a trial. The plan backfired and resulted in the Defendant having to plead guilty at Davis’ suggestion.

In this case, the Defendant was accused of sexually molesting his adopted brother who was mentally disabled. The Defendant was also charged with possessing child pornography on his computer. The Defendant first denied the allegations, but changed his story under interrogation. However, the disabled brother who made the accusations recanted his story. The Defendant’s family hired Los Angeles attorney Danny Davis to defend him against the charges. Davis charged a $75,000 (seventy-five thousand dollars) retainer fee as well as $40,000 (forty thousand dollars) for a five-day trial. As noted above, Davis’ defense strategy was to rely on a California statute that allows alleged sexual abuse victims to not testify in the trial. Davis was hoping the case would be dismissed if the younger brother did not testify. The judge overseeing the case stated this strategy was “below the standard of a reasonably competent criminal defense attorney.” Davis claims that he used this strategy twice before but admitted it was a rare defense strategy.

In solely relying on the “All or Nothing” strategy, Davis was ignorant to key facts concerning the case; did not investigate witness accounts; and barely met with his own client. Davis called contacting witnesses was “a waste of time.”

According to court documents, trouble started in 2006 when the younger brother claimed that the Defendant “touched him.” Evidence showed that the mentally disabled younger brother was encouraged to come forward with these allegations by a home aide named Philip Bewley who had previously pushed another child into making allegations of abuse against a peer, which were found false.

In this case, Bewley claimed to have found child pornography downloaded by the Defendant on the family computer. In interrogations, the Defendant confessed on videotape to sending and receiving child pornography. This added possible harsher federal charges along with the state charges the Defendant was facing.

The judge found that Attorney Davis ignored a number of facts that pointed towards the Defendant’s innocence. There was evidence of the younger brother having a history of sexual acting out and predatory behavior. Interviews also showed that the home aide, Bewley, previously had been employed as a computer specialist with skills to plant evidence. There was a consensus, based on the evidence, that the younger brother’s credibility was weak, a fact that the prosecution admits to.

After the public defender suggested the Defendant to take the plea deal, the family realized they needed a private attorney. Davis assured the family he had a surefire way to avoid a conviction.

Before trial, the younger brother indicated that he was not going to testify, which was the plan implemented by Davis. This plan backfired. Instead of dismissing the case, the judge and prosecution questioned the younger brother on why he did not want to testify. Finally, the younger brother said the Defendant did not molest him. This statement opened up the doors to the admissibility of the Defendant’s confession on videotape. Prior to its admissibility, the videotape confession was inadmissible hearsay. However, it became admissible through an exception once there was evidence of inconsistent statements. This gave the prosecution enough evidence to proceed with the trial.

Faced with a trial that Davis was not prepared for, he advised the Defendant to take a plea agreement or risk facing possible federal charges on child pornography. Davis’ “All or Nothing” defense failed despite his assurance it would avoid conviction. While charging $40,000 for a trial, Davis never planned to go to trial and when faced with the realization of an impending trial date, the attorney retreated and left his client with no other option than to plead guilty and accept a plea deal.

In California, sex crimes convictions can result in some of the harshest penalties. It is important to hire an experienced and competent attorney who is willing to go the extra mile to defend you.

Below is a list of 16 tips that is helpful in determining who to hire. The final decision as to whom you should hire to help you or your loved one is who you believe has:
1. The experience to handle your type of case
2. The experience to handle your case in the exact courthouse where your case is pending
3. Many sex crime attorneys working together as a team on your case
4. A law firm that was there to answer your phone call when you first called for help
5. A law firm that allows you to communicate with them via email on a regular basis
6. A law firm that wants you to tell them about your defenses and your personal history so they can be ready to defend you
7. An “AV RATING” by Martindale Hubbell
8. A law firm that provides you with “testimonials” from prior clients who were very happy with the services they received
9. A law firm that will be honest with you and tell you the truth about your case so there are no surprises
10. A law firm that will charge you a reasonable fee considering all of the facts of your case
11. A law firm that understands psychological evaluations
12. A law firm that understands how to attack possible evidence of abuse
13. A law firm that is knowledgeable about Child Abuse Accommodation Syndrome
14. A law firm that is willing to investigate alleged victims
15. A law firm that is familiar with experts in all relevant areas of your case
16. A law firm that is experienced in and understands the jury selection process
If you or a loved one is facing a sex crimes charge, it is important that you carefully choose the attorney who is going to represent you. The decision you make can be life changing. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of sex crimes cases. We will aggressively fight to get you the best possible result in your case. If there are alternative methods on getting you the result you deserve, our attorneys will make sure all methods and strategies will be implemented. We will always keep you informed and guide you through the emotional and stressful time you may be facing. We strive to provide our clients with the quality representation they deserve. Visit www.wksexcrimes.com for more information on sex crimes. You can contact us through our website or call us directly at (888) 280-6839. We will be there when you call.

On June 24, 2010, a grand jury indicted NFL Hall of Fame linebacker Lawrence Taylor on charges of statutory rape and patronizing a prostitute.

The charges stem from an incident on May 6, 2010, where Taylor is alleged to have paid a 16-year-old female $300 to engage in various sex acts with him. Taylor maintains his innocence.

Under California Penal Code section 647(b), a person who agrees to exchange money or other consideration for sex is guilty of soliciting prostitution. Under the same section, a person who actually exchanges money or other consideration for sex is guilty of engaging in prostitution. Soliciting prostitution and engaging in prostitution are misdemeanors.

Under California Penal Code section 261.5(a), person who has sex with a minor who is not the person’s spouse is guilty of unlawful sexual intercourse. Under Penal Code section 261.5(c), if the person has unlawful sexual intercourse with a minor, and the person is more than three years older than the minor, the person can be convicted of either a misdemeanor or felony.

If you or someone you know has been accused of engaging in an act of prostitution or any sex offense, the consequences of an adverse result can be devastating. You will need a criminal defense attorney experienced in defending those accused of sex offenses. At Wallin & Klarich, we have been helping people accused of sex offenses for over 30 years. Call us today at (888) 280-6839 or visit us on our website at www.wklaw.com. We will be there when you call.

The Los Angeles Daily Journal recently reported that Chelsea’s Law, a bill increasing penalties for convicted sex offenders, has passed in the state Assembly and will now be up for vote in the state Senate. Chelsea’s Law was named for a seventeen year old girl, Chelsea King, who was raped and murdered in a San Diego county park by a convicted sex offender.

Chelsea’s Law would add a life-without-parole punishment for those who commit forcible sex crimes involving a child under 18 including kidnapping, using a weapon, torture, and binding or drugging a victim. This penalty would be an increase from the current 15-year to 25-year sentence for these types of offenses. Repeat offenders could also be sentenced to life, while currently the penalty would be 25 years to life.

Furthermore, the bill would require the state to use GPS tracking for lifetime monitoring of those convicted of forcible sex crimes against children under 14. Presently, most tracking ends when offenders leave parole, despite an existing state law requiring lifetime monitoring.

Under California Penal Code Section 290, sex offenders would still be required to register as a sex offender. However, Chelsea’s law would completely ban sex offenders from parks, going beyond the state law that already limits how close offenders can live to both schools and parks.

Most sex offenses already fall into California’s Three Strike Law. If you have a prior “strikeable” felony conviction on your record, you face a double sentence for any subsequent felony conviction, even if the new crime is a minor felony and is not a strike. After two felony “strikes,” you face 25 years to life in prison for any subsequent felony — again, even one that would not be a strikeable offense. Chelsea’s Law, if passed, could mean that certain serious sex offense acts would result automatically in life in prison without parole.

Being convicted of a sex offense carries serious and lifelong penalties. If you are charged with a sex offense, you should seek the assistance of an experienced criminal defense attorney immediately. Our attorneys at Wallin & Klarich have over 30 years of experience taking on cases just like yours. We will look at the particular facts of your case to determine the best defense strategy that is available to you that will result in the best possible outcome. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be here when you call.

Sex offenders have not only been the top stories of most local news broadcasts, but due to recent crimes in California, sex offenders are now a topic of interest in the White House. President Obama recently announced that he will make sure the Adam Walsh Child Protection And Safety Act is adequately funded. The Adam Walsh Act was signed three years ago by President George W. Bush and it promised to create a national registry of sex offenders to keep closer track of the most violent of them. However, due to lack of funds, the law was never carried out.

If you or a loved one has been convicted of a sex crime and are required to register as a sex offender, the Law Offices of Wallin & Klarich understand how you feel, especially considering all of the recent news headlines.

Wallin & Klarich can help you contest sex offender registration. If it has been 10 years since you were released from incarceration (or 10 years since your release on probation or parole) in the state of California, you are eligible for a Certificate of Rehabilitation.

A Certificate of Rehabilitation is a court order declaring that a person convicted of a felony is now rehabilitated. Once granted, the applicant is no longer required to register as a sex offender. In addition to not having to register as a sex offender, the Certificate of Rehabilitation also serves as an official document to demonstrate that the person has been rehabilitated, which could enhance employment opportunities.

Given the complex nature of the California’s sex offender registration requirements, consultation with a knowledgeable criminal defense attorney is essential. If you or someone you know has been accused of a sex crime or has been ordered to register as a sex offender, please don’t hesitate in contacting an experienced Southern California sex crimes attorney. The attorneys at Wallin & Klarich have been handling sex offender cases and sex offender registration cases for more than 30 years. Our attorney will aggressively attack the charges against you and protect your rights. Contact Wallin & Klarich today at (888) 280-6839 for a free evaluation of your case, and visit us on the web at www.wklaw.com. We will be there when you call.

In California, it is a crime to distribute harmful material to minors. Section 288.2(a) and (b) provides the language “harmful material” but does not give a definition. In California, the prosecution must convince the jury that the material at issue meets the definition of harmful material.

Material is harmful if, when considered as a whole:

1. it shows or describes sexual conduct in an obviously offensive way;
2. a reasonable person would conclude that it lacks serious literary, artistic, political, or scientific value for minors; and
3. an average adult person, applying contemporary statewide standards, would conclude it appeals to prurient interest.

A prurient interest is a shameful or morbid interest in nudity, sex, or excretion. Material, as used in Section 288.2, means any book, magazine, newspaper, video recording, or other printed or written material. It can also be any picture, drawing, photograph, motion picture, or other pictorial representation or any statue or other figure, recording, transcription, or mechanical, chemical, or electrical reproduction. Material also includes live or recorded telephone messages when transmitted or distributed as part of a commercial transaction.

Applying contemporary statewide standards means using present-day standards and determining the effect of the material on all those whom it is likely to reach within the state. In other words, it is to determine the impact of the material on the average person in the statewide community. The average adult person is a hypothetical person who represents the entire community, including both men and women; religious and nonreligious people; and adults of varying ages, educational and economic levels, races, ethnicities, and points of view.

The contemporary statewide standard means what is acceptable to the statewide community as a whole, not what some person or persons may believe the community ought to accept. The test the jury must apply is not what it find offensive based on its own personal, social, or moral views. Instead, the material must be judged by an objective determination of what would offend the statewide community as a whole.

If you or a loved one has been charged with distribution of harmful materials to a minor, you should call an experienced San Diego sex crime defense attorney from Wallin & Klarich immediately. Our attorneys have the skills and expertise to provide you with the best possible defense. The attorneys at Wallin & Klarich have over 30 years of experience handling harmful material distribution cases. In the internet age, it is very easy to suddenly find yourself charged with distributing harmful materials. The experienced attorneys at Wallin & Klarich will aggressively defend your rights. Our attorneys can be reached by phone at 1-877-230-1528 or through our website at www.wklaw.com.

San Diego 10 News gave details on the recent arrest of a high school girls’ soccer coach. The 35-year old man from Rancho Penasquitos was arrested and charged with “suspicion of luring a minor for sexual purposes and sending harmful matter” to the female student. The man was a soccer coach at Del Norte High School but was let go after he was arrested. The alleged incident in this case is considered “sexting.”

Sexting is a relatively new type of sex crime. Sexting occurs when a picture of a sexual nature is sent or received by a cell phone text message. It can be charged as a crime if the recipient of the picture is a minor. The charge can be either a felony or misdemeanor. A conviction of this sex crime can result in prison time as well as a requirement to register as a sex offender for life.

If you or a loved one has been charged with sexting, contact the experienced sex crime attorneys at Wallin and Klarich. With serious consequences that can result from a conviction to a sex crime, it is important to hire knowledgeable San Diego sex crime attorneys who will aggressively defend you and protect your rights. Contact the experienced Irvine sex crime defense attorneys at Wallin & Klarich today at 1-877-230-1528 or www.wklaw.com for a consultation of your case. We can help you.