3 Potential Defenses to Child Molestation Cases
3 Potential Defenses to Child Molestation Cases
3 Potential Defenses to Child Molestation Cases Child molestation is a very serious crime. Like all serious crimes, the repercussions of even being accused of such an act can be devastating. However, the good news is that in our country simply being accused of a crime doesn't mean you are guilty. A jury must find you guilty “beyond a reasonable doubt” because you are “presumed innocent until the contrary can…
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If The Trial Court Makes An Error, You Have A Good Shot At Having Your Conviction Reversed
If The Trial Court Makes An Error, You Have A Good Shot At Having Your Conviction Reversed If you or a loved one is convicted of a crime in California, it is critical you retain an experienced criminal appeals lawyer to try to obtain a new trial in the case. Many people are sentenced to prison for many years after being convicted of a serious crime. If the conviction is…
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Is the U.S. Government Required to Prove that a Victim Did Not Consent In Sex Crimes?
Is the U.S. Government Required to Prove that a Victim Did Not Consent In Sex Crimes? In U.S. v. Price, the defendant was on an overnight flight from Tokyo to Los Angeles. The defendant moved from his assigned seat to an open seat adjacent to the victim who was asleep and touched her genitals without her permission. The defendant appealed his conviction on the grounds that the government was required…
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Know your rights: Child Pornography Cases & Warrantless Searches
Know your rights: Child Pornography Cases & Warrantless Searches A conviction for a sex crime can have devastating and lasting effects on the accused. Because of this daunting reality, sex based crimes require a law firm that will be willing to provide you or a loved one with zealous legal representation. Specifically, child pornography cases are extremely serious and require representation by a law firm that is very familiar with…
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Should California Change HIV Disclosure Laws?
California law makes it a crime to intentionally transmit or expose others to highly contagious and deadly diseases. California also has a law that specifically makes it a crime to intentionally transmit HIV, the virus known to cause AIDS. Under Health and Safety Code Section 120291, you could be charged with a felony if you have unprotected sex with someone if you know you have HIV and do not tell…
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Intent: The Key Element in a Lewd Acts with a Minor Case (PC 288)
In many criminal cases, whether someone is guilty often comes down to intent – not whether the person intentionally committed an act, but what that person’s intentions were when he or she committed the act. One crime that requires the prosecution to show intent is lewd or lascivious acts with a minor. Under California Penal Code Section 288, you could be convicted of lewd acts with a minor if the…
Read MoreHow Reliable are Sex Offender Registries?
Imagine you come home from work and turn on the local news. The station runs a story on a new mobile application that gives users information about registered sex offenders in the area. So, you download the app and search your area. To your shock, the app lists your address as the home of a sex offender. That is exactly what happened to Donald Montgomery. After seeing a story on…
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