Archive for the ‘Law & Information’ Category

Can Someone Apply for Exclusion from the Megan’s Law Internet Website?

Monday, September 26th, 2011

Due to the change in the law at the beginning of last year, and our reputation as a top-notch Southern California sex crimes law firm, we have been getting more and more calls from individuals who are registered sex offenders and want to know if they qualify for exclusion from the Megan’s Law internet website.

What we have been informing them is that not all registered sex offenders are eligible for exclusion from the Megan’s Law internet website. However, we have also informed them that some registered sex offenders are eligible! We will now go over who does qualify for such exclusion from the Megan’s Law internet website.

There are various ways in which a registered sex offender can be eligible for exclusion from the Megan’s Law internet website. First, those individuals who were convicted of one of the following are eligible:
1. A misdemeanor conviction for a violation of Penal Code Section 647.6, which is known as annoying or molesting a child (note: this used to be listed under Penal Code Section 647(a).
2. A felony conviction for a violation of Penal Code Section 243.3(a), which is known as sexual battery.
3. An offense where the offender was the victim’s parent, stepparent, sibling, or grandparent and the crime did not involve oral copulation or penetration of the vagina or return of either the victim of the offender by the penis of the other or by any foreign object.

Further, one is eligible for exclusion from the Megan’s Law internet website is if he or she has never been adjudicated as a sexually violent predator pursuant to Welfare and Institutions Code Section 600. Additionally, the offender must not have received additional incarceration time for a violation of probation during the time that he or she was on probation, or have been convicted of another offense resulting in a sentence to a county jail or state prison.

There are other dynamics involved and we will continue with this topic in a future blog. Nonetheless, we hope this gives you some helpful insight into applying for exclusion from the Megan’s Law internet website.

If you or a loved one needs assistance with this process or with any other criminal defense matter, call Wallin and Klarich today. Wallin and Klarich has a team of highly skilled, aggressive juvenile criminal defense attorneys ready to take your call 7 days week, 24 hours a day! Wallin and Klarich has been in the business of helping people with their criminal defense matters for over 30 years and we would like to help you with yours! A qualified, experienced attorney from the firm will be able to evaluate your case when you call.

What Constitutes "Harmful Material" for the Purposes of California Penal Code Section 288.2?

Monday, January 18th, 2010

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: [...]

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Sexting, a Sex Crime? An Experienced Southern California Defense Attorney Can Help

Friday, January 15th, 2010

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 [...]

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F.B.I. Releases Its Files on Michael Jackson: An Additional Investigation of Child Abuse

Tuesday, January 5th, 2010

Today, January 5, 2010, the Federal Bureau of Investigation released more than 300 pages of information they kept on the recently deceased Michael Jackson. Within the file, interestingly enough, there was another allegation of child abuse that came up after Jackson was acquitted by a jury in 2004. In late 2004, there was another report [...]

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Before You Plead Guilty to a Sex Crime

Friday, December 18th, 2009

If you are charged with or accused of a sex crime, it is important to understand the full implications of your plea. Do you have to register as a sex offender? Will my name go on Megan’s Website for all to see that I am sex offender? How long will I have to register for? [...]

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Jury Selection in a Sex Crime Case

Monday, December 7th, 2009

One can only hope to never be charged with a sex crime. From your initial contact with police to your first appearance in front of a Trial Judge, being charged with a sex crime in California, with its harsh sentencing guidelines, can be a very intimidating and overwhelming experience. One of the most important parts [...]

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Ninth Circuit Court of Appeals Rules Internet Obscenity to be Defined By a National Standard as Opposed to a Local Standard

Wednesday, December 2nd, 2009

The landmark Supreme Court case of Miller v. California held that the test for determining whether something that is published is subject to regulation as obscenity has the following three prongs: (a) whether the average person, applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient interest; (b) [...]

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Want to Know the Name and Address of Every Registered Sex Offender Within a One Mile Radius of Where You are Standing Right Now? There's an App for That!

Monday, November 16th, 2009

One can hardly watch television for more than a few minutes without seeing a commercial for the iPhone, and hearing the announcer say something like, “Do you want to look up restaurant reviews – there’s an app for that, and do you want train schedules – there’s an app for that too.” Well, a new [...]

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Chatting On the Internet is Hazardous to Your Freedom in Thousand Oaks

Friday, November 13th, 2009

If you’re familiar with Dateline NBC’s “To Catch a Predator”, then you know that it’s never a good idea to meet with anyone you chatted with online. For starters, there’s no telling what kind of people are in those chat rooms. The internet is flooded with killers, rapists, con artists and…cops. In Thousand Oaks, California, [...]

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Staying Off the Sex Offender Registry Can Often Be Achieved Through Imaginative Sentencing

Wednesday, November 11th, 2009

In California, certain criminal convictions will require the person to register as a sexual offender. Often, the offender will be required to register for life. A number of these convictions 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. [...]

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