December 14, 2009

Why Having a Good Attorney Can Help You Avoid the Implications of Welfare Institutions Code Section 6600

Welfare Institutions Code (WIC) Section 6600 defines a sexually violent offense as one committed by force, violence, duress, menace, fear or immediate and unlawful bodily injury on the victim or another person, or threatening to retaliate in the future against the victim or any other person. If convicted of a sexually violent offense, you can face up to eight years in prison and then be subject to being involuntarily committed to a state hospital where you could possibly remain for the rest of your life.

Section 6601(a)(1) gives the state the power to assign psychologists to evaluate the “mental health” of anyone who has been convicted of a sexually violent offense. It is the psychologists’ job to evaluate the person and determine if they will “pose a threat” to society if released after their prison term is up. The psychologists use medically accepted standard tests to determine if the person has propensities to recommit a sexually violent crime. If the psychologists determine that the person is likely to recommit another sex crime, then the person will be notified of this decision and he will have the right to a jury trial. The jury will determine whether or not he or she is in fact someone who legally can be classified as a “sexually violent predator.”

The problem with the treatment plan is that it is indefinite. In other words, once you have been deemed likely to recommit a sexually violent crime, the state can keep you in “treatment” until a state paid psychologist approves you for release.

In any sex crimes case it is important to have an experienced attorney represent you. The attorneys at Wallin & Klarich have over 30 years of experience handling sex crimes and we have the skills and expertise to help you avoid the implications of WIC Section 6600. If you are facing a serious sexual offense you should not consider accepting any plea bargain until you are fully informed of the potential and extremely serious consequences of WI 6600. If you receive “probation” in your sexual offense case and do not go to prison, then you will not be evaluated under WI 6600. If you or a loved one has been accused of a sex crime, contact an experienced Orange County sex crimes attorney at Wallin & Klarich. You can reach us 24 hours a day, 7 days a week at (877) 466-5245 for more information.

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Author:Stephen D. Klarich

Stephen D. Klarich is one of the most highly respected sex crime attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Klarich a premiere Southern California attorney. Mr. Klarich founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Klarich has been successfully representing clients for more than 38 years. Clients come to him for help in matters involving sex offenses, murder, violent crimes, misdemeanors, felonies and other sex crimes. View all posts by Stephen D. Klarich.

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