Sex Crime Defense Articles
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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California Man is Confined for 13-Years as Sexually Violent Predator While Prosecutors and Defense Display Negligence
California Man is Confined for 13-Years as Sexually Violent Predator While Prosecutors and Defense Display Negligence Terrance Butler was convicted of multiple rapes in 1993. Prior to his release, the Alameda District Attorney’s office filed a petition to commit Mr. Butler indefinitely as a sexually violent predator under the Sexually Violent Predators (SVP) Act. Mr. Butler was confined to a state hospital for 13 years awaiting trial…
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For ‘One Strike’ Law’s Multiple Victim Circumstance to Apply, Must Allege Multiple Victims in “Present Case or Cases”
For ‘One Strike’ Law’s Multiple Victim Circumstance to Apply, Must Allege Multiple Victims in “Present Case or Cases” Defendant, Jeffery Foley, was convicted in separate cases of sexually molesting his minor granddaughters, F. and A. Over a period of years, Foley molested A., who did not immediately disclose it. Thereafter, Foley molested F., who immediately disclosed it. Foley pleaded no contest to committing a lewd and lascivious act on A.,…
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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,…
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Orange County Law Firms Will Offer Virtual Consultations Throughout the Duration of the COVID-19 Pandemic
[TUSTIN, CA]: The offices of Wallin & Klarich will remain open to assist clients and potential new clients during the COVID-19 Coronavirus pandemic, in accordance with Mandated Safety Guidelines by the World Health Organization. To better serve our clients, Wallin & Klarich is now offering virtual consultations to encourage social distancing. For your safety and convenience ‘virtual consultations’ will be available via Facetime, Zoom, WhatsApp or Skype apps from your…
Read MoreWhat is Indecent Exposure Under California Law in 2019?
Indecent exposure is defined in California Penal Code section 314. Basically it requires the prosecution to prove that the defendant willfully (i.e., on purpose) exposed his/her genitals in the presence of another person who might be offended by the defendant's actions; and that the defendant intended to direct attention to his/her genitals for the purpose of trying to sexually gratify himself/herself, or sexually offending another person. It doesn't cover cases…
Read MoreForcible Sexual Acts: What If the Victim Does Not Say Anything?
Most people have heard the expression, “No means no,” which means that when a person says they do not want to engage in sex, it is on the other person to stop trying to do so. What happens if the other person never says no? Can you still be convicted of a forcible sex act? According to a recent case before the California Courts of Appeal, the answer is yes.…
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Can You Confront Your Accuser in a Sex Abuse Case?
Within the United States Constitution, the Sixth Amendment has long served to provide basic protections to those accused of criminal offenses. One of these protections is the right for a defendant “to be confronted with the witnesses against him,” which has traditionally been interpreted to mean that the accused can directly face their accusers in an open court. In recent years, however, this confrontation clause no longer applies to all…
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Can A Minor Really Be A Sex Offender In California?
Wallin & Klarich has been in business close to 40 years and, in that time, we have seen California police and prosecutors become much more aggressive in investigating and prosecuting sexual activity between minors. This includes consensual sex acts between underage people, as well as "sexting" - where participants send sexually explicit images of themselves to one another, which are classified as child pornography. Gone are the days when the…
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