California Pornography Law | Everything You Need To Know
California Pornography Law | Everything You Need To Know
Everything You Need To Know About California Pornography Law In California, there are a variety of laws that define and regulate pornography. It is important for individuals to understand the legal implications of distributing or viewing pornographic material in the state. This article covers key elements of California's pornography laws and what you should know if you are facing charges related to pornography. Choosing Wallin & Klarich to represent your…
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3 Things To Know Before Hiring An Attorney In Irvine, CA
3 Things To Know Before Hiring An Attorney Do you need a defense attorney in Irvine, California? It's important to know what to look for when hiring a lawyer. Picking the right attorney for your case can seem like a challenging task. With so many attorneys fighting for your attention, it’s important to know how to choose the right one. Choosing the right (or wrong) attorney could be the difference…
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Judges Have Discretion Not to Impose Strike Punishment for Sex Crimes
Judges Have Discretion Not to Impose Strike Punishment for Sex Crimes California’s One Strike Law imposes significantly harsher sentences for sex crimes if committed under certain aggravating circumstances. However, in the case of People v. Govan, the court held that judges have discretion not to impose a sentence for a one-strike offender. If you or your loved one has been convicted of a serious crime that warrants a strike under…
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Can Possession of Adult Pornography Be Considered a Crime?
While most people know that child pornography is illegal, many are unaware that certain pornography involving adults can be unlawful as well. This occurs when pornography is deemed to constitute “obscene matter” under California Penal Code Section 311. Continue reading to learn when possession of adult pornography can be considered a crime. Definition of Obscene Matter (PC Section 311) According to PC Section 311, “obscene matter” is defined as matter…
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Sex Crime Charges After A Minor Lied About Their Age
Sex Crime Charges After A Minor Lied About Their Age If you met or engaged in sex with someone you thought was an adult, California prosecutors can still charge you with a sex crime, even if the minor lied about their age. What’s worse is that the U.S. Attorney General could also charge you with a federal sex crime. You could face thousands of dollars in fines, years behind bars,…
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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?
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…
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