California Criminal Defense Attorney Blog

Santa Ana police recently arrested a man they suspect is a serial rapist, having attacked several women, including prostitutes, ABC News is reporting.

The allegation that someone is a serial rapist is a serious one. In order to show that one person committed multiple Santa Ana sex crimes requires a high standard of proof.

Santa Ana criminal defense attorneys recognize that detectives like to be able to prove that every crime is connected to another crime. For one, it allows them to move cases off the books. It also gives some comfort to the victims because it makes them believe the suspect has been caught.

But even if law enforcement takes the approach that they have probable cause and it's up to the prosecutors to prove the case beyond all reasonable doubt, that's unlikely to work. There is a big difference between probable cause -- believing a person may have committed the crime -- and proving it beyond all reasonable doubt.

That's where an experienced Santa Ana criminal defense attorney can really be helpful. If detectives are attempting to lump multiple crimes together as being committed by one person without enough proof, a lawyer can show the prosecutor the weakness of the case and attempt to get charges dropped ahead of trial. It may also be possible to convince a judge to suppress evidence, which would go a long way toward beating the charges.

In this case, a 39-year-old man from Baldwin Park is accused of targeting prostitutes and undocumented residents and was arrested after police say he sodomized a 23-year-old woman in late December. After the assault, police say he dumped the woman's body on the side of a road and tossed her clothes on her. They say a piece of evidence was tucked into the clothes.

Police say that after linking the man to the latest victim, they executed a search warrant and found evidence they believe links him to at least six other victims, going back a year. He is being held without bail, as police believe there may be more victims.

The news article obviously doesn't provide a lot of information as far as what evidence connected them to the man. It is implied from the article, however, that because the man entered a guilty plea in 2009 to a charge of agreeing to engage in prostitution, his fingerprints and DNA could be in police databases. They may have been able to match evidence from the clothes to him.

But being responsible for one crime shouldn't mean police have access to try to prove multiple crimes unless they have some proof. What was written in the affidavit to get a search warrant will be interesting, as well as what evidence they believe they found in the man's home. One arrest doesn't mean the person is responsible for multiple crimes, even if there are similarities in tactic or motive. There are millions of people in Southern California, so police better have it right if they're going to make such strong allegations.

Continue reading "Santa Ana Police Accuse Man of Serial Rape" »

A teacher from a Catholic school in San Juan Capistrano has been arrested on a charge of suspicion of sexual assault in Orange County.

The arrest has caused outrage from parents and students, but some have come to the teacher's defense, claiming he shouldn't have been fired simply over an allegation.

Our Irvine criminal defense lawyers agree that an allegation provides no proof and even an arrest is not a conviction. While the court of public opinion can rage strong, it is not a court of law.

The only place where proof is provided, witnesses testify under oath and a trial is held is in a courthouse. Yet, outside forces can cause problems for a defendant. Intense media coverage can hurt the pool of prospective jurors who are impartial and haven't formed an opinion about the suspect's guilt or innocence.

An experienced Irvine criminal defense lawyer may be able to use that media coverage to benefit the defendant -- by giving limited interviews to help balance the coverage without giving away defense strategies or other critical information that should be kept close to the vest.

Inevitably, the news media will report what the police say, which is essentially going to be what the prosecution says once the case progresses into the court system. They will rely on these facts for story after story and most of that will be slanted against the defendant. Attempting to thwart that can help a defendant in the public eye. But where that bias really should be weeded out is during jury selection.

According to The Orange County Register, a 37-year-old Spanish teacher for the last seven years and a man who coaches girls volleyball and boys soccer at the school has been arrested and charged with suspicion of molestation.

Sheriff's detectives allege that he molested an underage girl who is a former student. Investigators say they received a tip after the girl told her mother about an alleged sex act with the teacher. The girl was described as 14 or younger.

Police so far don't know how the girl may have gotten to the teacher's Dana Point home, where she says the sex act occurred. Without proof, detectives are saying they are concerned there may be more than one victim.

In Orange County sex cases such as these, it's often a battle of he said/she said. Officials often believe the victim's word and look for proof after the fact. In cases where a person of authority is accused, people often rush to the side of the accuser, even without proof. A fair trial is the only way to ensure all the facts come out.

Our Orange County criminal defense lawyers are prepared to fight on behalf of people charged with sex crimes throughout the area, regardless of the circumstances. These are serious crimes that can lead to prison time, so they must be fought aggressively.

Continue reading "Orange County Catholic Teacher Accused of Sexual Assault" »

A Huntington Beach man faces up to 100 years in prison after being convicted of sexually assaulting four women and taping the encounters, the Los Angeles Times reports.

As the newspaper reports, allegations of sex crimes in Huntington Beach can lead to serious penalties. In situations where the defendant is a registered sex offender, as is the case here, penalties can often be increased, leading to decades in prison.

Huntington Beach criminal defense attorneys have represented many defendants accused of sex crimes that carry possible long prison sentences. As in any criminal case, a defendant has the right to a fair trial. That means he or she must be able to confront the accusers, analyze the evidence, question it and prepare a strong defense.

In the case of the 30-year-old Huntington Beach man, he had his day in court and was convicted by a jury. The Los Angeles Times reports that he was convicted of several sex crimes after being accused of bringing drunk and drugged women to his apartment and forcing them to have sex with him while he secretly recorded the encounters.

The videos were used by prosecutors to show the women hadn't consented to the sex after they had met him at local bars. In one case, the man had sex with a woman consensually but later raped her and a video tape shows she was assaulted on camera. After breaking free, the woman reported the assault, which led to additional charges when police found other videos.

He was previously convicted in 2005 of lewd acts on a child, which required him to register as a sex offender. According to the newspaper, he faces a minimum sentence of 100 years to life when he is sentenced in January.

The Orange County Register reports that the man would take advantage of the women after they had likely been drugged. Many were confused when they woke up the next morning and didn't remember what happened. The state convinced jurors that the videotapes showed the crimes being committed.

Two of the four victims said "no" before being sexually assaulted, while the two others were semiconscious and couldn't consent. The man claimed that he recorded the encounters to show the women consented since he was on parole for the prior sex-based crime.

The jury of nine women and three men said the man was guilty after three weeks of trial and three hours of deliberations. He was convicted of intent to commit rape, two charges of forcible rape, three counts of rape of an intoxicated woman, three misdemeanor counts of secretly filming another person with intent to arouse and several other felony sexual assault charges, The Register reports.

A defendant is guaranteed a fair trial and an experienced lawyer can provide that. Being able to scrutinize the state's case, witnesses and evidence is all appropriate and guaranteed for every citizen. One can only hope that the truth is presented to the jury and not allegations that are baseless.

Continue reading "Huntington Beach Man Convicted of Videotaping Sexual Assaults" »

The trial of five men accused of killing an inmate they believed was a child molester began in Santa Ana recently, The Orange County Register reports.

The five men on trial are charged with murder and face possible prison sentences of 25 years to life, if convicted. Three other inmates pleaded guilty to voluntary manslaughter and a fourth is expected to plead, the newspaper reports.

Charges of murder in California are the most serious and, therefore, require the most diligent and aggressive defense possible. That's why consulting with an experienced Orange County Criminal Defense Attorney before doing anything -- and that includes talking to police -- is so important.

Someone who is accused of murder is law enforcement's enemy and they are trying every way possible to get enough evidence to secure a conviction. An attorney can stand by the defendant's side and ensure their rights are upheld.

In this case, a man was booked into the Theo Lacy Jail on a misdemeanor charge of possessing child pornography. But the other inmates identified the man as a child molester and beat him severely, prosecutors told jurors during opening statements. According to the news article, the victim suffered ribs broken and fractured in 43 places in the assault, which was physical and sexual. He died at a hospital.

According to the article, the defense will attempt to show jurors that sheriff's deputies in charge of ensuring safety were complicit in the attack, and allowed it to happen. The newspaper reports that the man's death triggered investigations, including some that determined deputies recruited inmates to police one another rather than doing it themselves.

Jailhouse attacks can be among the most brutal, but finding credible witnesses is often a difficult task for prosecutors. And the same can be said for crimes that happen in public. Many times, the police will make arrests of multiple defendants, accusing them of a gang-related or group homicide, only to find they have few credible eye witnesses. When the state agrees to a plea deal with a co-defendant, the co-defendant has a vested interest in pinning the crime on the others and a trained attorney will make sure to point that out to jurors.

There are different forms of homicide under California law. California Penal Code 187 defines homicide and lays out the possible penalties.

First degree murder: Murder by using an explosive device, premeditation or while committing another felony, such as kidnapping, burglary, rape or robbery. It is punishable by 25 years to life, life or death.

Second degree murder: Murder, which is "the unlawful killing of a human being, or a fetus, with malice aforethought," is in the second degree if committed differently than as defined as first degree. It is punishable by 20 years to life, 25 years to life or life.

Manslaughter: It is the unlawful killing of a human without malice. It can be voluntary (heat of passion), involuntary or vehicular. Voluntary manslaughter is punishable by up to 11 years in prison, while involuntary is up to 4 years and vehicular can be up to 10 years. The circumstances dictate the possible length of prison sentence.

All of these penalties are severe and therefore require the most aggressive defense possible. That means working to suppress statements and evidence, such as DNA, fingerprints and eye witness accounts. Scrutinizing all state witnesses and reports and fully preparing for a jury trial to prove the client is not guilty and holding the state to its burden of proving the crime beyond all reasonable doubt is necessary.

Continue reading "Murder Trial Involving Inmate Beaten to Death Begins in Santa Ana" »

An Irvine man has been charged by police with being a suspected serial rapist, ABC News reports.

Authorities allege he is responsible for three separate Orange County rape cases. He is being held without bail.

Sex crimes in Irvine and throughout Orange County can sometimes be difficult to prove. With DNA evidence technology, authorities can sometimes have a better chance at a conviction, but even that can be disproven with an experienced and aggressiveIrvine Sex Crimes Defense Attorney.

According to the news article, police believe the 29-year-old is responsible for three rapes in Irvine and Newport Beach between 2005 and 2010. According to police, they discovered DNA and fingerprints from a suspect in rapes in both cities, yet had no one matching the DNA or prints in any law enforcement databases.

The alleged rapes occurred on May 20, 2005 in Newport Beach, in Irvine on Nov. 30, 2006 and in the same Irvine apartment complex on July 7, 2010. In each of the cases, victims were unable to provide a description of the suspect because his face was covered, police said.

This June, police received a call of a suspicious person in the area. After beefing up patrols, especially at night, the 29-year-old was one of the people seen in the area. It's unclear whether he willingly provided a fingerprint, but the story says a fingerprint in the Newport Beach case was linked to the man and that print matched the two found in the Irvine investigations.

Rape in California is defined as an act of sexual intercourse with a person other than a spouse where the person is incapable because of a mental disorder to give consent, it is against the person's will due to force, violence or injury or where the person is intoxicated and couldn't resist.

Under California law, rape is considered a violent felony and punishable under the state's Three Strike Laws. A person convicted of rape can face up to 8 years in prison and must register as a sexual offender for life.

As previously discussed on the California Criminal Defense Attorney Blog, sex crimes are more serious than most crimes on the books. Because of their nature, someone convicted of these types of crimes are punished beyond the prison sentence they receive. One must also register as a sex offender, leaving their picture, address, identifying marks and other information on state and national web sites forever.

While other crimes allow for punishment and once the time is served, the person can move on with life, sex crimes punish a person forever. They must always notify law enforcement when they move and neighbors may fliers telling them the person is moving nearby.

It is humiliating and crimes of this nature must be aggressively defended. DNA can be disproven if the state lacks concrete evidence or improperly investigated the case and eye witness testimony can often be spotty, especially in cases where violence was involved. How police handled the case and obtained evidence can also be scrutinized for errors -- a successful motion to suppress evidence can lead to a reduction or dismissal of the charges. All areas of these serious charges should be analyzed by an aggressive Irvine Criminal Defense Lawyer.

Continue reading "Irvine Man Charged With Three Area Rapes" »

A recent story out of Rancho Santa Margarita highlights the importance of aggressively fighting an Orange County sex crime -- the fact that a conviction stays with a defendant for the rest of their life.

According to the news article, published by the Rancho Santa Margarita Patch, a convicted sex offender was charged with annoying a child under 18 and he will face a felony because of his past convictions. Orange County Criminal Defense Attorneys understand that there is a stigma attached to sex crimes and that it is easy for politicians to look good in the public eye by condemning these defendants and increasing penalties, but sex crimes are the one type of crime a person can face and be penalized for life, years after serving time for the crime.

That's because certain defendants convicted of sex crimes must be registered in the California Sex Offender Registry under Megan's Law as well as in the United States Department of Justice Dru Sjodin National Sex Offender Public Website.

In California, there are more than 33,500 offenders registered in the website, which is accessible to anyone, anywhere in the world. It includes information such as the person's name, address, photo, tattoos or other identifiable marks and other information.

So, even years or decades after a person is convicted of a crime and after they have served time as a punishment, they can be punished again with these state and national registries. They are forced to register with the local law enforcement agency where they live, work and frequent and neighbors may get fliers telling them they are living nearby.

And the registry doesn't apply only to people convicted of violent sex crimes, as one might expect.

In Rancho Santa Margarita, police arrested a 46-year-old man who authorities say was following a 13-year-old girl around a grocery store. After the girl's mother confronted the man, he drove off, but she wrote down his license plate. She used the state's sex offender registry, searching hundreds of photos before settling on this man's photo and telling authorities.

Because the man is on active parole and was wearing a GPS surveillance monitor at the time, authorities were able to pinpoint his location at the time of the incident and use surveillance footage to make the arrest.

In this case, the state's registry led to this man's arrest, though he hasn't been convicted. And based on his prior history, it's possible it made the decision by law enforcement officers to charge him with a felony that much easier.

Continue reading "Orange County Sex Crimes Stay With a Defendant Forever" »

After a four year battle by lawmakers in Georgia, the state has a new law dealing with victims of human trafficking, The Associated Press reports.

Under the new law, people who are the victim of trafficking can't be prosecuted for sex crimes. It is common for those forced into servitude be used to prostitute themselves to make money for others. Commonly, women are hooked on drugs by their pimps and forced to work to feed their drug habit.

Orange County Criminal Defense Lawyers applaud that aspect of the law because a girl brought from a foreign country and forced into modern-day slavery shouldn't be charged with a crime. But there are other aspects of the new law that are troublesome, especially for those charged with sex crimes in Orange County and elsewhere.

Also under the new law, according to The Associated Press, someone who is convicted of coercing to traffic someone under 18 has to serve a minimum of 25 years in prison. Anyone who pays to have sex with someone under 18 faces at least five years in prison, while the penalty jumps to 10 years if the person is 16.

The measure includes protections that allow a prostituted child or adult to avoid charges if they can prove they were coerced into it. Coercion can mean physical abuse, but also financial harm, destruction of immigration documents and drug use. And victims can be eligible to receive state money for treatment if they cooperate with law enforcement.

While the new law does provide protection for those forced into prostitution against their will, the penalties seem a bit out of whack. And it is likely that most people who pay to have sex don't check the age of the person with whom they're sleeping. This is another potential flaw in the new legislation, which could leave a defendant open to excessive penalties.

Politicians are quick to jump on hot-button topics to show they're "tough on crime."

Consider this: In Georgia, manslaughter -- the killing of a person in the heat of passion after provocation -- is punishable by 1 to 20 years in prison. So, in Georgia, you can kill a person and serve less time, possibly only one year in prison, than if you are convicted under this new law.

The Associated Press cites advocates that say the Georgia law could be a model for other states seeking to fight the sex trade, but it is concerning that while tough penalties can be a deterrent, they can lead to overcrowded prisons and jails and lead to unfair treatment in the criminal justice system. California is already dealing with an order to release thousands of inmates from its crowded prisons.

It's possible that California politicians will look at the Georgia law and try to run with it to show that they, too, are "tough on crime." But Orange County Criminal Defense Lawyers hope that sound reason and research go into a law in California and that they don't just jump to try to satisfy the public.

Continue reading "Georgia Sex Trafficking Law Goes Into Effect and May Influence Orange County Sex Cases" »

A retired police chief from Huntington Park recently worked out a plea deal that will keep him out of jail and keep him from having to register as a sex offender after exposing himself to women and leaving lewd photos of himself on hiking trails in Anaheim, The Orange County Register reports.

Sex crimes in Anaheim can range from what most people think of -- sexual assaults, rapes and groping -- to actions of a sexual nature, such as exposing oneself in public, peeping and other crimes. While the more serious crimes can result in serious prison time, sometimes decades, one consequence some people don't think of is having to register as a sex offender for life.

Anaheim Criminal Defense Lawyers have seen many cases where those who commit minor or inadvertent crimes are subjected to the same requirement as a predator who sexually assaulted a child. It is our goal in cases like this to convince prosecutors through the evidence and the character of the defendant.

According to the newspaper report, the former police chief, 56, pleaded guilty to two misdemeanor counts of prowling and one count of vehicle tampering. He will have to spend three years on probation, do 150 hours of community service and pay $176 in fees. His firearms were confiscated but will be returned upon completion of his probation.

According to police, the first incident involving the man happened last fall, when a woman found a photograph of male genitalia near a running trail at Oak Canyon Road. The woman had seen similar photos of male and female genitalia in the area, but hadn't called police.

A few weeks later, a man exposed himself to a woman hiking on a trial near Toyon Park. A few days after that, a group of women reported returning to their cars to find photos of male genitalia on the windshields of their cars. A fingerprint on one of the photos and a description of the man who exposed himself led detectives to the retired police chief, who was working in Kosovo to improve security for the police department there when a warrant was issued for his arrest.

Along with jail or prison time, which likely would have been troublesome for the ex-police chief, he also avoided having to register as a sex offender. Megan's Law in California requires the public have Internet access to detailed information on registered sex offenders. So, anyone in California can see where registered sex offenders are living, what they look like and other details on the California Department of Justice web site.

Many believe this is a powerful tool for people to keep their children safe and even a deterrent for those who may consider committing a sex crime, but it also can be unfair to some people convicted of sex-related crimes.

As stated before, people can be charged with sex crimes that aren't nearly as serious as others, such as statutory rape in Orange County. While statutory rape, having consensual sex with a person under 18, doesn't generally require registering as a sex offender, it can. California Penal Code 290 lays out which offenses a person must be convicted of to register as a sex offender.

Orange County Criminal Defense Lawyers are committed to standing beside our clients, regardless of the circumstances. We will provide defendants will sound legal advice and vigorous criminal defense representation if charged with a sex crime.

Continue reading "Retired Huntington Park Police Chief Gets Sweet Deal in Lewd Photos Case " »

The Los Angeles Times recently reported of a Fullerton man who is accused of taking photographs of naked women after installing software that allowed him access to their laptops.

This comes on the heels of an arrest in Glendora after a man allegedly hid a camera inside the women's bathroom of a Starbucks coffee shop, the newspaper reported.

As technology becomes more and more prevalent in our society, it can also be exploited to create false evidence against innocent people. This is especially true in Orange County cyber crimes. Many people who use file-sharing websites can have their computers hacked and others can put child pornography or other incriminating evidence on their hard drives without their knowledge. That is why hiring an experienced Orange County Criminal Defense Lawyer is critical to ensuring you can diligently fend off criminal charges.

According to the news reports, authorities found hundreds of thousands of images of women in various states of undress and already six victims have been identified, leading to a dozen charges of computer access and fraud. Police obtained a search warrant and viewed his computers, which included incriminating evidence, the article states.

The computer repairman allegedly installed spyware onto the laptops of fellow students of Biola University and other friends, which brought up an error message telling them their computer's internal sensor was damaged and needed steam to clean it. So, the women would bring their laptops into their bathrooms, allowing him to allegedly film them getting undressed.

According to the California Comprehensive Computer Data Access and Fraud Act, people are protected from tampering, interference, fraud and unauthorized access to computer systems. The law, California Penal Code 502, people convicted of this type of crime can be sent to prison for up to three years and fined up to $10,000.

These are serious charges and have no doubt that politicians are taking note of the change in technology. As with any other crime that gains media attention, lawmakers will want to show voters how tough they are on crime and will continue pushing for tougher penalties, which will include prison time.

And some crimes, such as child pornography, can be charged in federal court and carry even tougher penalties that those brought in state court. Creating, distributing or receiving child pornography can result in decades in prison, if convicted. This is all the more reason to not make any statements to law enforcement, don't consent to a search and seizure without a proper search warrant and consult with an attorney immediately.

A skilled attorney will fight to dispute the evidence, suppress it from being shown to a jury, prove that someone else could have hacked the defendant's computer or utilize other defense strategies. Don't leave these complex charges up to anyone. Hire an attorney who has years of experience defending clients from serious criminal charges.

Continue reading "Orange County Computer Hacker Charged With Peeping Through Women's Laptop Webcams" »

A Santa Ana man was recently arrested and charged with sexually abusing an 8-year-old girl for several weeks, The Orange County Register reports.

Orange County sex crimes are among the most difficult to defend because prosecutors and judges alike are more than happy offering few plea deals and handing down harsh sentences. That's why these types of charges require the Santa Ana Criminal Defense Team to stand up on behalf of those who face these difficult charges.

According to the newspaper, the man is charged with lewd and lascivious acts with a child under 14, oral copulation with force, sexual penetration by a foreign object and rape by force. According to the news report, the girl told a family member she wanted the man to stop touching her. The man is accused of showing the girl sex tapes before performing the acts on the girl.

All of the charges the man faces are felonies and are punishable by prison time. Lewd and lascivious acts with a child under 14 (California Penal Code 288) is punishable by up to eight years. Oral copulation with force (California Penal Code 288a) is punishable by up to 12 years in prison. Sexual penetration by a foreign object (California Penal Code 289), can be punishable by up to 12 years in prison. A charge of rape by force in California (Penal Code 261) is punishable by up to 13 years in prison.

As you can see, these are charges that could possibly keep a person in prison for the rest of their lives, depending on the circumstances. Not only can these charges produce lengthy prison sentences, but also bring shame and ridicule to a person and their family. Careers become ruined and it often happens in the public eye.

What sometimes happens with sex crimes, especially those involving a juvenile, is that witness credibility can become an issue. Young children are often influenced to lie about these types of crimes, so if it becomes a he said/she said case, that can help the defendant. If evidence, such as DNA or statements, become part of the case, Santa Ana sex crimes attorneys must understand how to proceed in the best interest of a client. Each client, regardless of the alleged crime, is entitled to a competent defense of the charges.

Many sex crimes in California are punishable by life, even for first-time offenders. We understand how sensitive these charges are and how embarrassing they may be. Our firm will work to ensure you have the best possible representation while assuring that any possible issues for appeals are well-preserved on the official record of the case.

We believe every defendant deserves a strong defense and their day in court and we strive to make sure all possible defenses are explored and every piece of evidence is carefully examined.

Continue reading "Santa Ana Sex Crimes Must Be Fought Diligently" »

The Press-Enterprise recently wrote an article praising the San Bernardino County Sheriff's Department's crime lab, but what the article doesn't address is how crime labs aren't 100 percent accurate.

Orange County Criminal Defense lawyers have seen many cases where crime labs produce faulty test results and they are challenged in court. While a lot of the work done by crime scene investigators is accurate, it's not fail-proof. An experienced criminal defense attorney knows how to challenge the lab results and suppress evidence before trial.

According to the news article, the crime lab was used to search for evidence in the 2010 case of a man accused of shooting a Riverside police officer. When investigators searched a semi-truck cab and found a fingerprint, they identified a suspect, which led to an arrest. In 2010, the lab analyzed nearly 25,000 drug, breath, blood, DNA, ammunition, firearm and trace-evidence samples, as well as tire tracks and shoe prints.

As television has noted, crime scene investigation, commonly called CSI, has become an increasingly popular tool for law enforcement. The advent of DNA evidence and analysis has given law enforcement officers another way to produce facts against a suspect.

DNA evidence is crucial in many types of cases, but perhaps none more than murder and sex crimes. Murder in California, California Penal Code Section 187, is the most severe charge the state can levy against a person. Therefore, it requires a significant amount of evidence. Police will often search for fingerprints on a weapon or inside a vehicle or house to prove a person committed the crime. They will sometimes send items to a lab for analysis.

Without getting into the complexities of DNA evidence, analysts don't typically match a sample with a sample taken from a suspect with 100 percent certainty. Analysts usually will testify the sample is consistent with the suspect compared to a certain number of Caucasians, for example. For instance, the report may say the probability of someone other than the suspect matching the tested sample is about 1 in 10,000 Caucasians. What that means is that there are many other people whose DNA could potentially match the tested sample.

Additionally, there have been many cases in which a lab's tests have been challenged on any number of grounds. In each case, evidence is suspect and should be vigorously challenged in court and even before trial. In Orange County sex crimes, too, DNA may be the only evidence separating a suspect from a conviction and freedom.

And while this particular crime lab is funded by the county, there are many crime labs that are private and used by law enforcement.

Continue reading "Orange County Crime Labs Gain Recognition, But Aren't Infallible" »

Proposition 83 ( better known as Jessica’s law) was passed by California voters in 2006. The new law considerably increases punishments for certain sex crimes (i.e. life sentence for certain crimes and addition of GPS requirement to Peal Code Section 290) and imposes new requirements for those convicted (before or after Prop 83 passage) of sex crimes and found to be sexually violent predator (“SVP”.) Previously SVPs were subject to a two-year limit on detention after their initial sentence was over (civil confinement.) Now to be released the SVP must either convince the court or jury that he or she is no longer a threat to engage in sexually violent behavior OR get the approval of the Department of Mental Health. Many cases have challenged the indefinite detention aspect of Prop 83. All of these cases have been unsuccessful. California’s Supreme Court however, has decided to review at least two of these cases (i.e People v. McKee and People v. Baker.) Issues raised in these cases are: are the SVPs’ equal rights and due process being violated and is Prop 83 in violation of ex post facto clause. Orange County Sex crime attorneys of Criminal Defense Team have handled many high profile sex crime cases and are familiar with winning defenses and strategies on how to counter the prosecutions claims.