CATEGORY: ‘Sex Crimes’

I am a Registered Sex Offender. Can I apply for Exclusion from the Megan’s Law Internet Website? – Part 2

Wednesday, September 14th, 2011

In a previous blog, we introduced you to the various ways in which a registered sex offender can be eligible for exclusion from the Megan’s Law internet website. This included offenders who suffered a misdemeanor conviction for a violation of Penal Code Section 647.6, a felony conviction for a violation of Penal Code Section 243.3(a), or offenses where the offender was the victim’s parent, stepparent, sibling, or grandparent and the crime did not involve oral copulation or penetration of the vagina, etc. This is all due to the change in the law that went into effect on January 1, 2010. We will now continue with some of the requirements in order for one to be eligible for exclusion from the Megan’s Law internet website.

A registered sex offender convicted of one of the following offenses is also eligible for exclusion from the Megan’s Law internet website if he or she submits a certified copy of a probation report filed in court that clearly states that all victims involved in the commission of the offense were at least 16 years of age or older at the time of the commission of the offense:
- A felony violation of Penal Section 311.1(b), (c), or (d);
- A felony violation of Penal Section 311.2; or
- A felony violation of Penal Section 311.3; or
- A felony violation of Penal Section 311.4; or
- A felony violation of Penal Section 311.10; or
- A felony violation of Penal Section 311.11.

Also, if an otherwise eligible applicant commits a violation of his or her probation resulting in his or her incarceration in county jail or state prison subsequent to the filing of his or her application for exclusion from the Megan’s Law internet website, the offender’s application will be terminated.
We hope this information as well as the information we provided in a previous blog gives you some helpful insight into applying for exclusion from the Megan’s Law internet website. If you or a loved one needs assistance with this process or with any other criminal defense matter, call Wallin and Klarich today. Wallin and Klarich has a team of highly skilled, aggressive juvenile criminal defense attorneys ready to take your call 7 days week, 24 hours a day! Wallin and Klarich has been in the business of helping people with their criminal defense matters for over 30 years and we would like to help you with yours! A qualified, experienced attorney from the firm will be able to evaluate your case when you call.

What does having to Register per California Penal Code Section 290 MEAN??

Wednesday, August 24th, 2011

California Penal Code section 290, commonly known as the sex registration law, requires defendants convicted of certain sex crimes to be register as sex offenders with law enforcement agencies. This lifelong registration requirement is one of the worst penalties that can ever be imposed on a defendant because of the following consequences: * Information posted [...]

Read Full Article

Criminal act of having sex with a minor

Thursday, July 14th, 2011

California Penal Code Section 261.5 state: (a) Unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor. For the purposes of this section, a “minor” is a person under the age of 18 years and an “adult” is [...]

Read Full Article

I’ve been convicted of a sex crime, do I have to register as a sex offender?

Thursday, June 16th, 2011

The answer is most likely yes.  California law requires mandatory sex offender registration based on the type of crime you were convicted of.  More serious crimes require mandatory registration; however, less serious crimes will be up to the discretion of the trial judge.  Typically, the judge will take into consideration all facts in making his [...]

Read Full Article

New Bill Introduced In California State Assembly Would Create Tiered Registration For Sex Offenders

Thursday, June 9th, 2011

Assemblyman Tom Ammiano of San Francisco has introduced a bill in the California State assembly dubbed “The Sex Offender Registration Act” that would create a tiered system of registration for sex offenders in California.  The bill is based on recommendations of the California Sex Offender Management Board which was created in 2006 by Governor Schwarzenegger [...]

Read Full Article

What Kind Of Punishment Could I Get For Statutory Rape In CA??

Monday, June 6th, 2011

Crimes and Punishments for Statutory Rape Convictions What makes statutory rape a misdemeanor in CA? If the perpetrator is no more than 3 years older or younger than the victim, statutory rape is a misdemeanor, Cal. Pen. Code 261.5(b). When the minor is more than 3 years younger than the perpetrator, the offense is a [...]

Read Full Article

I Was Arrested For Soliciting A Prostitute; What Do I Do?

Tuesday, May 24th, 2011

If you have been arrested for soliciting a prostitute in California, there’s some important things you should know.  The Penal Code section is 647(b) and it states: Every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor: (a) Who solicits anyone to engage in or who engages in lewd [...]

Read Full Article

Alert To Sex Offenders!! You May Not Have To Register Based Upon New Law!!!!!

Friday, May 13th, 2011

California is beginning to wake up and come to there senses. New case law has deemed that certain sex crimes are no longer madatory sex registerable. Although PC290 lists the crimes that “require” sex registration, new cases are carving out exceptions allowing the Judge discretion not to require registration on certain sex crimes. It’s been [...]

Read Full Article

I am registering as a sex offender. How can I stop?

Thursday, May 12th, 2011

If you have been registering as a sex offender in California and want to stop your registration requirement, you have options: 1)    Seek a Certificate of Rehabilitation. In some instances, a mere granting of a Certificate of Rehabilitation will stop your obligation from registration as a sex offender. 2)    Seek a Governor’s Pardon. While our [...]

Read Full Article

Notorious Accused Kidnapper Pleads Not Guilty

Thursday, April 14th, 2011

Phillip Garrido, who made international headlines in 2009 after being accused of holding a girl as a sex slave for over 20 years, entered a plea of not guilty this week in Northern California. He is charged with kidnapping an 11-year-old girl and keeping her locked up for over 20 years. The girl eventually gave [...]

Read Full Article