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.

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 online – defendant’s name, picture, address and nature of conviction are posted on a website that is accessible to the public.
* Registration – defendant must contact his local law enforcement agency every year on his birthday AND every time he moves residences to let them know of his whereabouts
* Restricted living – defendant is required to NOT live in certain places, such as within 2000 feet of schools, parks and other places where children may congregate

Once it becomes known that a person is a sex offender, they become pariahs in their community. They will be subjected to a lifetime of shame and harassment, not to mention that they won’t be allowed to live in many places. It is becoming increasingly difficult for sex offenders to find homes because of the restrictions placed on them.

ARE THERE ANY REMEDIES TO THIS??

There are not many remedies to a person who is required to register as a sex offender. If a person is convicted of a crime requiring sex registration, then the first thing that person should do is file a motion for a new trial. If that does not fix the problem, then the defendant should file an appeal. Wallin & Klarich has experience in appeals, specifically involving sex offenders. If an appeal is not granted (and appeals are usually not granted), then in certain situations, a defendant can file a Hofsheir motion. Such motions can be used, post-conviction, to alleviate sex registration for certain offenders.

An expungement of the conviction will NOT eliminate sex offender registration. In fact, some sex crimes cannot be expunged in the first place. A certificate of rehabilitation will relieve some sex offenders of their duty to register, but a certificate of rehabilitation is also not available to some sex offenders. A governor’s pardon will eliminate the requirement of sex registration for ALL sex offenders. However, both certificates of rehabilitation and governor’s pardons are incredibly rare.

The bottom line is we can help. You must contact Wallin & Klarich to help you or your loved one. With over 30 years of experience as Sexual Offense Criminal Lawyers, Wallin & Klarich will assist you in this difficult time. Visit our website at www.wklaw.com or call us at 888-749-0034. We will be there when you call.

(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 a person who is at least 18 years of age.

Also known as Statutory Rape laws, it takes place when a person engages in sexual intercourse with a person under 18 also known as unlawful sex with a minor and that they were not married at the time.

This particular statute can either be filed as a felony or misdemeanor offense by the prosecution and there is no need of ‘force’ being shown in this offense. The age differences between the perpetrator and the victim also plays a significant factor as to the gravity and seriousness of the offense.

If the age difference between the perpetrator and the victim is no more than 3 years difference, it most likely will be filed as a misdemeanor by the prosecution. Misdemeanors can be punishable by up to one year in jail, informal probation and up to $1000 in fines whereas a felony offense is far more serious and is punishable by state imprisonment.

If you or a loved one has recently been charged with a unlawful sex with a minor, it is important to contact an experienced Riverside criminal attorney to represent you against these charges.  At Wallin and Klarich, our Riverside defense attorneys have successfully represented many clients in this situation.  Call us at  1-888-749-0034 or visit our website at www.wklaw.com

Jessica’s Law was established by Proposition 83 in November 2006.  The intent of Proposition 83 is to strengthen and improve the laws that punish and control sexual offenders. State law provides that a person who has been convicted of a specified sex crime must, for his or her entire life, register with the local police of the city he or she is residing in.

How can lifetime registration be avoided?

Lifetime registration can be avoided by filing a certificate of rehabilitation with the State of California.  Receiving a certificate of rehabilitation is very difficult and most people who apply get rejected.  Individuals who are restricted from living in certain areas.  People subject to sex offender registration can not live within 2000 feet of a school, park or area where children gather.

If you or a loved one is facing a charge of sexual assault or lewd or lascivious acts, it is important that you speak with an experienced sex crime attorney.  At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of theft cases.  Our attorneys will fully inform you of your options as they navigate through the ramifications of Jessica’s Law.  Call us today at (888) 280-6839 or visit us at www.wklaw.com.  We will be there when you call.

The members of the California Sex Offender Management Board have recommended that California rethink its registration policies and move toward a smarter approach and this proposed bill is a reflection of that recommendation.  The Board’s Vice-Chair and Ph.D. Tom Tobin said “California needs to modify its current policy and start devoting our limited resources to those individuals who pose the greatest risk of re-offending.  Common sense and solid research both agree that not all offenders pose the same degree of risk of re-offending.  Many pose very little risk.  Unless one accepts the myth that “all sex offenders are alike,” there can be no defensible justification for treating them all the same and requiring lifetime registration for each and every convicted sex offender.  This puts an increasing burden on law enforcement and does not make our communities any safer.”  While the bill has been introduced it is far form a vote and we will keep it on our radar and keep you posted.

If you or a loved one is a registered sex offender or is facing charges that could require registration it is important that you contact an experienced sex crimes attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of sex crimes. Our attorneys are highly knowledgeable in sex crimes law. We will aggressively fight to defend your rights and get you the best possible result in your case. Call us today at (888) 749-0034 or contact us on our website at www.wklaw.com. We will be there when you call.

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 wobbler, which means that it can be charged as either a misdemeanor or a felony.

When will a person be sentenced to 1 yr in county jail for statutory rape?

When the perpetrator is 21 or older and the minor is younger than 16, a misdemeanor charge can be penalized by 1 year in county jail. 261.5(d).

What about prison time?

A felony charge for such an offense carries a punishment of 2, 3, or 4 years in prison. Id.
In cases where the age difference is more than 3 years, but either the perpetrator is under 21 or the minor is over 16, a felony charge can be punished by either 16 months, 2 years, or 3 years in prison. 261.5(d). If charged as a misdemeanor, the offender faces up to 1 year in jail. Id.

If you or a loved one have been charged with statutory rape contact the experienced Southern California criminal defense attorneys at Wallin & Klarich.  We’ve have been helping criminal defendants for over 30 years.  Call us at (888) 280-6839 or visit us at www.wklaw.com.

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 or
dissolute conduct in any public place or in any place open to the
public or exposed to public view.
(b) Who solicits or who agrees to engage in or who engages in any
act of prostitution. A person agrees to engage in an act of
prostitution when, with specific intent to so engage, he or she
manifests an acceptance of an offer or solicitation to so engage,
regardless of whether the offer or solicitation was made by a person
who also possessed the specific intent to engage in prostitution. No
agreement to engage in an act of prostitution shall constitute a
violation of this subdivision unless some act, in addition to the
agreement, is done within this state in furtherance of the commission
of an act of prostitution by the person agreeing to engage in that
act. As used in this subdivision, “prostitution” includes any lewd
act between persons for money or other consideration.

HOW YOU CAN GET CAUGHT:

Many police agencies in CA will post ads on sites such as “Backpage.com” or “Craigslist.com”.  These ads will usually have photos of a scantily clad woman or attractive male.  This ads will say usually have language indicating that the party is willing to meet to engage in exotic interaction.  The police will record any communication that occurs, specifically for sex acts for money.  Police will also sometimes place female officers as decoys near hotels.

WHAT TO DO WHEN LAW ENFORCEMENT STEPS IN:

Cooperate with them; but do not answer any of their questions and request to speak to an attorney.  This crime is punishable by 6 months in county jail.

If you or a loved one have been charged with Penal Code 647(b)contact the experienced Southern California criminal defense attorneys at Wallin & Klarich.  We’ve have been helping criminal defendants for over 30 years.  Call us at (888) 280-6839 or visit us at www.wklaw.com.

Oral copulation with a 16 or 17 year old used to be mandatory sex registration. The Judge had no authority to prevent that. Under new case law of People v. Hofsheier, it is now discretionary. If you are currently registering as a sex offender for the crime of oral copulation, call us right away. We may be able to stop 290 sex registration (and get you off of Megan’s Law website) regardless when you were convicted.

As great as that case is, new cases are emerging that is expanding the holding under Hofsheier regarding other types of sex crimes as well. The tide is turning.

If you are currently registering as a sex offender from a crime you were convicted of in California, call us at Wallin & Klarich. We can evaluate your case and determine if you qualify. We have been helping people with there legal needs for over 30 years. We can help you too.

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 previous Governor granted 7 in his term, Governor Brown is far more compassionate and has granted over 450 pardons when he was last Governor. The time couldn’t be better!
3)    File for Hofsheier relief. The law has changed regarding certain sex crimes. Previously, certain sex crimes required mandatory registration. Now, certain sex crimes are discretionary sex registration. Thus, if you previously were ordered to register, your registration can stop by filing a Hofsheier motion.
4)    Overturn the conviction itself. If your plea of guilty to the underlying charge (or the verdict of guilty by trial) was an error, we may be able to set aside the conviction and thus stop 290 sex registration.

Call the law offices of Wallin & Klarich for help. Even of you merely want to remove your name from the Megan’s Law website, call our firm. We have been helping people with there legal problems for over 30 years. Let us evaluation your situation. We will be here when you call.