Just why it took authorities a year to compile a case has come under much scrutiny and criticism from parents and the public. What we do know is that police were first alerted to potential wrongdoing when a drugstore photo processing clerk called police to report inappropriate photos of children blindfolded and in some instances gagged. The photos belonged to Berndt and were allegedly taken in his classroom.

In the photos, a blue spoon can be seen with a clear liquid in it being held up to the mouths of children. A search of Berndt’s classroom led to the discovery of a blue spoon, and DNA test showed that the spoon had indeed held Berndt’s semen.

The fact that the DNA test took nearly 7 months is one of the reasons why investigators say it took so long to actually make an arrest in this case.

Berndt’s criminal defense attorney will face an uphill battle when this case goes to trial. Berndt faces up to 8 years in prison for each of the 23 counts against him. He would also have to register as a sex offender, though the odds of him ever getting out of prison if he is convicted are very low.

– Anonymous

Between the eyewitness testimony of the victims and DNA evidence, Achekzai’s sex crimes attorney was ice skating uphill in this case. But the trial almost never happened.

Achekzai had managed to evade capture for 7 years, changing his name several times. It is believed that he bounced around locations including Afghanistan, Germany, Canada, San Francisco, England and Austria.

It was this last stop where authorities finally caught up with Achekzai. A Tustin police detective investigating the case submitted DNA evidence to Interpol, who then matched it to Achekzai, who was living under an assumed name in Austria.

Achekzai was extradited in 2010, and today, his victims have “payback”, as said in court by one of the women he assaulted.

Rape in California comes with a maximum sentence of 8 years. However, if the victim sustains serious bodily injury during the attack, the judge can add up to 5 more years onto the sentence. Rape is also considered a strike in California, which will double someone’s sentence if they are convicted of a second felony. The reason Achekzai received such a harsh sentence was due to all of these factors adding up.

This offense, with few exceptions, is a misdemeanor punishable by up to one year in county jail, a fine not exceeding $5,000, or by both. Each subsequent conviction under this section is punishable as a felony. You can even be prosecuted under this section if the supposed minor was actually a decoy cop who was 18 years of age or older, so long as you believed the decoy to be under 18 years old and you were motivated by an “unnatural or abnormal sexual interest in children.” To make matters worse, this offense is a registerable offense under Penal Code section 290, meaning if you are convicted of this offense you can be required to register as a sex offender for the rest of your life.

If the conduct moves from hugging and kissing to sexual intercourse, then the offense becomes more serious and can instead be prosecuted under Penal Code section 261.5. Penal Code section 261.5 is violated by “any person who engages in an act of unlawful sexual intercourse with a minor….”

The crime is a misdemeanor when the minor is “not more than three years older or three years younger than the perpetrator….” The crime is a wobbler when the minor is “more than three years younger than the perpetrator….” When an offense is a wobbler it means that the crime can be prosecuted as either a felony or a misdemeanor. For example, if you are 19 and you have intercourse with a 17-year-old, then it would be a misdemeanor under Penal Code section 261.5. If you are 21 and have sex with a 17-year-old, then that is a wobbler under Penal Code section 261.5. Generally, the closer in age the two parties are the less likely that criminal charges will be filed.

In short, California’s laws with regard to sex offenses are complex and unforgiving, and the punishments can be severe, including lifetime registration as a sex offender on top of any jail or prison sentence. The experienced criminal defense attorneys at Wallin & Klarich have years of experience handling misdemeanor and felony sex cases and sex offender registration issues. The aggressive attorneys at Wallin & Klarich are known for zealously representing their clients in order to provide them with the best defense possible. Call Wallin & Klarich today at (888) 280-6839 for a free telephone consultation. We will be there when you call.

The thought of that might sound ridiculous, but it can happen. Imagine you’re at a party and you’ve had a few too many drinks. You crawl into bed, and later, someone crawls into bed with you. Its dark, you’re intoxicated and the person says they are your husband or wife. Even if at the time the sex was consensual, because it happened as the result of deception, that is considered rape under California Penal Code 261(a).

Cases like this must be defended aggressively. If you are convicted of rape, the consequences could be immense. You will likely have to register as a sex offender. You could face up to eight years in prison and a fine. For these reasons, it is important that you hire an experienced sex crimes lawyer from Wallin & Klarich to defend your rights.

A number of these crimes requiring lifetime registrations are misdemeanors, misdemeanors that may be alleged with surprisingly minimal acts.

California Penal Code Section 290 lists the various convictions that will require lifetime registration. Although it may be surprising how many violations are listed, what may be more surprising is what violations do not require registration. Furthermore, California law does not require registrations for some violations that involve sexual acts.

An experienced, aggressive sex crimes defense lawyer can often negotiate a deal with the prosecutor for a crime the will not require lifetime registration as a sex offender.

Hiring an experienced criminal defense law firm is the best way to ensure you have the best opportunity to avoid lifetime registration. The attorneys at Wallin & Klarich have been helping people for over 30 years.

Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 877-466-5245 or go to our website at wklaw.com for more information.

While the U.S. Supreme Court has held that private possession of “obscene material” cannot be forbidden and is considered protected speech and included an objective analysis as to whether material is obscene or not….that analysis was related to adult pornography only…not child pornography.

The Supreme Court has held that Child pornography is not protected speech under the 1st Amendment and is therefore not subject to obscenity analysis. The Court held that the compelling state interest in preventing the sexual abuse of children involved in producing child pornography justified banning child pornography altogether.

For Constitutional purposes, child pornography is defined as “works that visually depict sexual conduct by children below a specified age.” The possession and viewing of child pornography are not entitled to 1st Amendment protection because the government has a compelling interest in protecting the physical and psychological well being of the exploited minors.

To navigate through the Federal Court system successfully and have a better chance of not being charged with a Federal Crime, you must contact Wallin & Klarich to help you or your loved one. With over 30 years of experience as Federal Criminal Lawyers, Wallin & Klarich will assist you in this difficult time. Visit our website at www.wklaw.com or call us at 888-749-0034. We will be there when you call.

In Ventura County, anyone convicted of a sex crime could possibly register as a sex offender under Penal Code section 290. For example, committing a lewd and lascivious act on a minor is a serious crime is a violation of Penal Code section 288(a), which provides for mandatory registration. On the other hand, Penal Code 261.5, sexual intercourse with a minor does not carry with it mandatory registration; however, a judge in his or her discretion can order the convicted person to register as a sex offender. Once a person registers as a sex offender, they will be placed on an online database pursuant to Megan’s Law. Accordingly, any individual living in Ventura County can search for individuals who have committed a sex crime and are registered sex offenders. If a person is required to register a sex offender then that person will have to register for the rest of their life. Therefore, it is important to hire an experienced Ventura sex crimes attorney to prevent an individual from having to register as a sex offender.

If you or a loved one is facing a sex crime, contact our Ventura sex crime attorneys at Wallin and Klarich. Wallin & Klarich will help protect your rights and find the best defense strategy for your case. For over 30 years, our attorneys have been helping clients stay away from lifetime registration and helping clients get probation or community service in lieu of jail time. Please call us at (888) 280-6839 or visit our website at www.wklaw.com. We will be there when you call.

The most common defense is “accidentally” downloading the image(s) during a web search or chat or receiving unsolicited images through e-mail or bulletin postings or through peer-to-peer file-sharing websites. This can only work if the images found are small in number. The government will look to see if the defendant is a collector or someone with extensive files. Are the files indexed? The government will also look at whether the defendant has downloaded such images, which will vitiate the defense of accident.

Other defenses that a Federal Criminal Defense Attorney needs to consider are:

• The number of images
• The subject was an adult at the time the material was produced
• The defendant made a good faith effort to destroy or report the images
• The images failed to show lascivious exhibition of the genital area – nudity alone is not enough

To navigate through the Federal Court system successfully and have a better chance of not being charged with a Federal Crime, you must contact Wallin & Klarich to help you or your loved one. With over 30 years of experience as Federal Criminal Lawyers, Wallin & Klarich will assist you in this difficult time. Visit our website at www.wklaw.com or call us at 888-749-0034. We will be there when you call.

Lewd and Lascivious Act on a child is an extremely serious criminal offense, but one that may be defendable in California if handled properly by an experienced sex crimes defense attorney. Below is a short general summary of the law but California sex crime laws are extensive and cannot be easily summarized without knowing the facts of a specific case.

A person may be charged with committing A lewd or lascivious act under California Penal Code § 288 when:
- He or she willfully and lewdly commits any lewd or lascivious act,
- The person commits the act on or with the body or any part of the body of a child less than 14 years old; and
- The person commits the act with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or of the child
- Any touching of the child committed with the intent to sexually arouse the person or the child can constitute a lewd or lascivious act under the meaning of the law. The touching itself need not be in an inherently lewd manner, and sometimes may even have the outward appearance of innocence.

It may also be of any part of the victim’s body, or on the victim’s clothes. A common misconception is that rape must occur or that even contact with the bare skin, or with “private parts” is required. It is in fact not, and a person may be charged with this crime for what may appear innocent touching. That is why it is crucial to have a qualified criminal defense lawyer to ensure that a person charged with this serious crime gets the best representation possible and has his or her side of the story heard.

The circumstances of the touching are highly relevant to whether the touching was done to sexually arouse the defendant or the child. Factors that a court or a prosecutor will consider include:

- The person’s statements to a police officer;
- If the person accused has any prior acts of lewd conduct admitted or charged against him;
- The relationship of the person being accused and the alleged victim; and
- If there was any coercion, bribery, or deceit used to obtain the victim’s cooperation to avoid reporting the crime

If you or a loved one have been charged with Penal Code 288, contact the experienced Southern California criminal defense attorneys at Wallin & Klarich. We’ve have been helping criminal defendants for over 30 years. Call us at (888) 280-6839 or visit us at www.wklaw.com.