How Can I Get My Name Removed From The Megan's Law Website?
The California Department of Justice operates a sex offender database pursuant to its sex offender tracking program. The Department of Justice makes information about registered sex offenders available to the public through their Megan’s Law website. This website can include information about sex offenders including name, date of birth, height, weight, ethnicity, the crime or crimes they were convicted of and their full home address. This obviously can have a…
Read MoreI Am Being Accused of Statutory Rape in Orange County. What should I do?
The first thing you should do is hire an attorney with many years experience defending clients against serious criminal charges such as statutory rape. This charge can often result in a substantial jail sentence. Next, if you honestly and reasonably believed that the alleged victim was over 18 at the time you had sex, and you can present evidence to prove your belief, you may not be convicted under California’s…
Read MoreCan an 18 year old date a 16 year old in California without facing criminal charges? (PC 261.5)
The answer is that so long as the couple do not engage in sexual intercourse or oral copulation then they will likely not be prosecuted. However, if they do have intercourse then the 18 year old can be prosecuted for a violation of Penal Code Section 261.5. If the two have oral copulation then there can be a prosecution for oral copulation with a minor. (PC 288a). Most of the…
Read MoreMy son was arrested for child molestation. What can I do?
Child Molestation Defense Attorney If you or a loved one has been arrested for a sex crime involving a minor, child molestation, it is critical to seek a qualified and experienced criminal defense attorney first. The reason: That attorney can appear in Court and seek a bail reduction. This could potentially save you a lot of money in bail bond premiums. That attorney would also conduct a thorough investigation, interview…
Read MoreA Juvenile Court Judge just made a “true” finding that I molested one of my children. Can this finding be used against me in my criminal trial?
No. A Judge’s finding in a dependency case cannot be used against you in your adult criminal trial. The burden of proof in the Juvenile case is a preponderance of the evidence, which is a much lower burden of proof than a criminal case, where the burden of proof is beyond a reasonable doubt. The Juvenile Court’s finding is irrelevant to the criminal case.
Read MoreWhat is the law in California regarding the statute of limitations on charges of child molestation?
Statute is essentially pointless The law has some subtle complexities, but here’s the general law in a nutshell: There is a 10 year statute of limitations for child molestation charges. However, the crime can also be prosecuted within one year of WHENEVER a victim tells the police (even past the 10 year mark). This sounds rather contradictory because this means that the 10 year limitation is essentially pointless, but it…
Read MoreIs it legal for two minors to have sexual intercourse? (PC 261.5)
Sexual contact while under the age of 18 is not legal. No. The real question is will a 17 year old actually be prosecuted for having sex with a 16 year old? That depends on numerous potential variables, including consent and the relationship between the minors involved. If you have a child facing charges of unlawful sex with a minor, call the experienced lawyers at Wallin & Klarich for assistance.
Read MoreIf I am charged with child molest, what can a criminal defense attorney do to help me?
Criminal Defenses for Child Molest If you are charged with child molestation, it is important to seek a qualified and experienced criminal defense attorney immediately. In fact as soon as you think you are a target of an investigation, get an attorney immediately. Many times, an attorney can contact the police agency in arrange a surrender to the court so you are not arrested. In other situations, that attorney can…
Read MoreMy name is on Megan’s Law Website? How do I get it removed?
Sex Offender Registration If you are a registered sex offender in California and your name and/or photo is on the Megan’s Law Website in California, you may be eligible for Exclusion from Internet Disclosure which would remove you from the website completely. Certain sex crimes and certain factual situations can give rise to exclusion and removal of your name from the website. It would require you retain an experienced criminal…
Read MoreDo all child molest crimes require registration as a sex offender?
Not all sex crimes require mandatory registration In 2006, the law changed in California allowing certain sex crimes not to be mandatory registration pursuant to Penal Code section 290. In the case of People v. Hofsheier, the California Supreme Court ruled that certain sex crimes against minors are no longer mandatory registration but rather discretionary. This not only affects the people convicted after the Hofsheier decision, but it allows a…
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