Even in the Most Serious Sex Crime Cases, the Law Still Controls
Even in the Most Serious Sex Crime Cases, the Law Still Controls When someone is convicted of a serious sex crime — especially one involving a child — it’s natural to assume the courts will impose the harshest penalties available. But even in these emotionally charged cases, California law sets clear limits, and courts must follow those limits. This principle was put to the test in the case of Mark…
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Understanding Consent Laws: A Legal Defense Guide to California Penal Code 261
Understanding Consent Laws: A Legal Defense Guide to California Penal Code 261 When facing criminal charges in California, understanding the complexities of consent laws can mean the difference between a strong defense and a conviction. Penal Code 261 establishes strict guidelines around consent in sexual encounters, but interpreting and applying these laws requires deep legal expertise. Our criminal defense team has successfully defended numerous cases involving consent-related charges, and we've…
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California’s AB 218 and the Extended Window for Suing Schools
California's AB 218 and the Extended Window for Suing Schools In recent years, California Assembly Bill 218 (AB 218) has significantly altered the landscape for those accused of historic molestation and abuse cases. This new legislation, primarily focused on enabling survivors to seek justice long after the incidents occurred, presents unique challenges and implications for accused individuals. This blog aims to provide an in-depth understanding of AB 218, its impact…
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Defending Against Rape Charges | PC 261
Defending Against Rape Charges | PC 261 If you or someone you know is facing criminal charges in the state of California, it's important to understand the laws that govern the crimes. One such law is California Penal Code 261 (PC 261), which deals with sexual assault. Choosing Wallin & Klarich to represent your case puts you in a better position to receive the best outcome for your case. We…
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I Have To Register As A Sex Offender. What Is The Punishment If I Do Not Register?
I Have To Register As A Sex Offender. What Is The Punishment If I Do Not Register? If you were convicted of a sex-related offense, your punishment will likely not end with a sentence of jail or prison time. In California, along with your prison terms and fines, the Sex Offender Registration Act requires you to register yourself as a “sex offender” with the city or county you live in…
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Trevor Bauer: The Vague Line Between ‘Rough’ Sex & Sexual Assault
Trevor Bauer: The Vague Line Between ‘Rough’ Sex & Sexual Assault In recent news, Trevor Bauer has been accused of sexually assaulting a woman, with whom he was romantically involved. During a recent court hearing on July 23rd, a judge granted a temporary restraining order against Mr. Bauer. However, this is just the beginning of what is likely to be a very complicated legal matter to resolve. This article will…
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Don’t let the District Attorneys unlawful tricks cause you or a loved one to be wrongfully convicted
Don’t let the District Attorneys unlawful tricks cause you or a loved one to be wrongfully convicted Criminal trials require fundamental fairness and that only exists when Prosecutors follow the rules requiring them to turn over evidence that is favorable to the defense. This is known as the Brady rule and is foundational to a fair trial. In a recent case, the Prosecution failed to live up to their ethical…
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Reporting a Crime May Make You Immune to Prostitution Charges
Reporting a Crime May Make You Immune to Prostitution Charges SB 233 Grants Immunity from Arrest A new law in 2020 gives immunity to persons who commit a crime but report a much more serious crime, and also removes the possession of a condom as evidence of specific crimes related to sex work. SB 233 states that if you commit a misdemeanor violation of the Controlled Substances Act (such as…
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Your Constitutional Right to Confront Your Accuser in Court
Your Constitutional Right to Confront Your Accuser in Court State legislatures and prosecution lobbyists frequently find ways to have laws enacted that erode valuable constitutional rights. Not least among these rights is the Sixth Amendment's right to confront your accusers in open court. Minor in Court In California, current law (Penal Code § 1347) allows a trial court to order that the testimony of a minor may be had by…
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Criminal Act of Having Sex With a Minor
The Criminal Act Of Having Sex With A Minor in California Having sex with a minor is a serious criminal offense in California. The exact crime you will be charged with for having sex with a minor will depend on your age and the alleged victim's age. The skilled and knowledgeable California criminal defense attorneys at Wallin & Klarich have been successfully defending clients facing charges for having sex with…
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