The Confrontation Clause: When are Statements of Sexual Abuse Made by a Minor Considered Testimonial?
The Confrontation Clause: When are Statements of Sexual Abuse Made by a Minor Considered Testimonial? The defendant, Benjamin Ruiz (“Defendant”), was convicted of three counts of sex crimes against his minor daughter (“Minor”) and sentenced to 44 years to life in prison. At trial, the alleged victim was found by the court to be “unavailable” to testify as a witness. The alleged victim's school counselor testified that on September 20,…Read More
An Arizona kindergartner was on a playground at his elementary school when another student told him to pull his pants down. The child quickly agreed, and exposed himself to several of his fellow students and teachers. The elementary school took this seriously. Eric Lopez was quickly taken to the principal’s office, where he was given detention and was accused of committing “sexual misconduct.” School officials forced the child to sign…Read More
When children come of age, they probably do not think about the consequences of their actions. They may think that because they are minors, they are exempt from certain laws. They may not realize that the state of California has laws that specifically regulate crimes committed by teenagers, especially in regards to sex. This is why it is crucial to have a legal sex talk with your child. The following…Read More
In 2006, Congress enacted the Adam Walsh Child Protection and Safety Act in response to the highly publicized abduction and murder of the 6-year-old son of John Walsh, host of TV’s “America’s Most Wanted.” The Adam Walsh Act subjects children 14 and older who are adjudicated delinquent to the same registration requirements as convicted adult sex offenders in states which have adopted the law. In some states, children as young…Read More
If your child is charged with or is being investigated for a sex crime, it is critical to seek a competent and experienced Orange County sex crime defense attorney who understands juvenile law. Juvenile criminal law is quite different then adult criminal law and you need an attorney who understands juvenile court procedure. At Wallin & Klarich, we have been successfully defending minors on many types of sex crimes. Whether…Read More
The California Court of Appeals recently ruled that a juvenile could be involuntarily committed as a Sexually Violent Predator (SVP). The case, People v. McRoberts, was one in which a 16 year old boy sexually molested a 13 year old girl. The juvenile court found the boy guilty of child molestation. After his release on probation, the boy was later arrested for indecent exposure and sentenced to prison. Shortly before…Read More