Archive for July, 2010

NYFD EMT Arrested on Sexual Assault Charges – California Penal Code 269

Friday, July 30th, 2010

According to CNN, a New York City Fire Department emergency medical technician has recently been arrested and charged with armed sexual assaults, including sodomizing an 11-year-old in an elevator. Angus Pascall, 33, was charged in connection with five sexual assaults. Two of the victims were minors, including the 11-year-old girl. The other was a 14-year-old girl who was attacked at her apartment.

If this case was to occur in California, the defendant could be charged with aggravated sexual assault of a child. Under California Penal Code Section 269, any person committing sodomy by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on a victim, under the age of 14 years and is 10 or more years younger than the perpetrator, is guilty of aggravated sexual assault of a child. This crime is a felony and is punishable by imprisonment in state prison for 15 years to life.

If you or a loved one is facing a sexual assault charge, it is important that you speak with an experienced sex crimes attorney. At Wallin & Klarich, our Southern California sex crimes attorneys have over 30 years of experience in defending sex crimes. We will defend your rights and fight to get you the best possible result in your case. Call us today at (888) 280-6839 or contact us through our website at www.wksexcrimes.com. We will be there when you call.

Posted in Sex Crimes | No Comments »

COURT OVERTURNS RAPE CONVICTIONS OF UTAH POLYGAMIST LEADER – CALIFORNIA PENAL CODE SECTION 261(A)(2)

Thursday, July 29th, 2010

On July 27, 2010, the Utah Supreme Court overturned the rape convictions of Warren Jeffs. The Supreme Court held that the lower court failed to give proper jury instructions and ordered a new trial. Jeffs is the leader of the Fundamentalist Church of Latter-Day Saints, a polygamous sect of the Church of Latter-Day Saints. Jeffs [...]

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Posted in Sex Crimes | 3 Comments »

The Government Does Not Need A Warrant To Search My Space and Face Book Accounts

Wednesday, July 28th, 2010

Have you ever imagined that your email account can be viewed without your permission? What about your phone records? Do you think that the government must obtain a warrant before seeking to search those records? Well, you are wrong. Under the current version of the federal Electronic Communications Privacy Act (ECPA) that is supposed to [...]

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Posted in Criminal Defense | 6 Comments »

Domestic Violence – Corporal Injury to a Spouse – Sentencing & Punishment with Prior Convictions – California Penal Code Section 273.5

Tuesday, July 27th, 2010

One of the most common domestic violence crimes in California is the crime of inflicting corporal injury to a spouse under California Penal Code Section 273.5. Inflicting corporal injury resulting in a traumatic condition on a spouse, former spouse, cohabitant, former cohabitant, or the other or father of his or her child is considered guilty [...]

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Posted in Domestic Violence | No Comments »

ORANGE COUNTY AGREES TO HOUSE IMMIGRATION DETAINEES AT TWO COUNTY JAILS

Monday, July 26th, 2010

On July 20, 2010, the Orange County Board of Supervisors approved a “Beds for Feds” deal with the federal government to allow Immigration and Customs Enforcement (ICE) detainees to be held in two county jails. Orange County agreed to rent a total of 838 beds at Theo Lacy Jail in Orange and James A. Musick [...]

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Posted in Criminal Defense | 6 Comments »

CRIMINALLY PUNISHING BULLIES: THE PUBLIC OVERREACTION TO SCHOOL BULLYING

Friday, July 23rd, 2010

Recent news stories have incited an outcry against bullying and its destructive consequences. The events of Colombine High School illustrated the intense psychological damage to the victims of bullying and the tragedy that can ensue when victims react. In the Internet age, the term cyber-bullying has been coined to describe the new ways bullies taunt, [...]

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Posted in Juvenile Crime | 3 Comments »

Miranda Warnings: What Is It And When Should Police Give Them?

Thursday, July 22nd, 2010

This is a warning given by law enforcement to a criminal suspect in police custody, or custodial situation, prior to being questioned by the officers. A custodial situation is one where a person’s freedom of movement is restrained and a reasonable person would not feel free to leave the situation. Some times officers will indicate [...]

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Posted in Criminal Defense | 3 Comments »

CALIFORNIA MAN PLEADS NO CONTEST TO SEVENTH DUI IN 10 YEARS – CALIFORNIA PENAL CODE SECTION 23152

Thursday, July 22nd, 2010

It was recently reported that a Sacramento man plead guilty to his seventh DUI in 10 years and was sentenced to three years in jail and four years probation. Mark Trevino, 27, started drinking at age 14 and had been in and out of custody for his drunk driving offenses before his most recent arrest. [...]

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Posted in DUI | No Comments »

CALIFORNIA APPEALS COURT HOLDS THAT A SCHOOL SECURITY OFFICER IS NOT A “PUBLIC OFFICER” IN JUVENILE CRIMINAL CASE

Tuesday, July 20th, 2010

A campus security officer at a California high school received a report of vandalism and pursued a group of students he suspected were involved in the vandalism. While pursing the group of students the security officer yelled for a particular student, M, to stop. The security guard yelled to M by name to stop many [...]

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Posted in Juvenile Crime | 4 Comments »

Facebooks Effects on Family Law Cases

Monday, July 19th, 2010

There are more and more stories in the news reporting on how Facebook has come into play in a court case. Family law cases are no exception. If you find yourself going through a divorce or child custody case, be aware that Facebook can be your friend or enemy depending on what you or your [...]

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Posted in Uncategorized | 4 Comments »