Los Angeles Fashion Designer Gets 59 Years in PrisonPosted on: September 8, 2009 at 9:56 a.m.Los Angeles criminal defense attorneys work hard to keep their clients out of prison and free from fines. While people may think they understand how important it is to have a quality Los Angeles criminal defense attorney, it isn't until a high profile individual gets major jail time that the message hits home. A Los Angeles fashion designer was sentenced to 59 years in prison for various sex crimes, having been accused of sexually assaulting various models over the years. Fashion designer Anand Jon Alexander was sentenced in a Los Angeles Superior Court room after being convicted of14 counts including forcible rape. He was found not guilty of four felonies, and jurors could not reach a verdict on three counts. The Anand Jon story was a very high profile story as he was a celebrity designer, working with many Los Angeles celebrities. The defendant claimed that law enforcement was conspiring against him, making the trial all the more volatile in nature. During the sex crime trial, a stream of beautiful women went into the jury box and told stories of how the famous designer sexually assaulted them in different ways, often using his stature in the fashion world against his alleged victims. some of the girls who claimed to have been sexually assaulted by Anand Jon were only teenagers, one as young as 14. A highly skilled Los Angeles sex crime defense attorney is often the difference between decades in prison and freedom. Los Angeles courts can be seriously biased against any sex crimes defendant, which means that an experienced Los Angeles criminal defense attorney is all the more necessary. An attorney mustbe experienced with Los Angeles courts, Los Angeles sex crime law, Los Angeles law enforcement and more in order to get the best results possible for their client. Such complex cases can be very high profile, and dealing with a jury or a judge requires a special legal skill which only a few Los Angeles criminal defense attorneys possess. At Kestenbaum, Eisner & Gorin, our sex crime defense attorneys have decades of experience with Los Angeles sex crime laws; they can offer top notch legal representation as well as unparalleled legal counsel. If your or someone you love is up against sex crime charges, contact Kestenbaum, Eisner & Gorin today at 877-781-1570. Tagged as: counterfeit goods pc 350, sex crime accusations Three Americans Busted in Cambodian Sex-Tourism StingPosted on: September 7, 2009 at 2:17 p.m.Los Angeles sex crimes have severe penalties for anyone convicted, and require a top-notch Los Angeles sex crimes defense attorney. Without one, you could fine yourself in prison for a decade and/or on the California Sex Offender Registry. Sex crimes can be state or federal charges, and committing a sex crime outside the United States could lead to a conviction as well. The combined efforts of several international organizations have resulted in the arrest of three American men who had travelled all the way to Cambodia to sexually abuse children. While children in Los Angeles are well-protected against sexual predators by both state and federal laws, many foreign countries such as Cambodia have a somewhat more lax legal position towards sex offenses that has led to the creation of sex tourism that cater to the desires of tourists from other nations. Americans Ronald Boyajian, Erik Peeters and Jack Sporich are each being charged with international travel and engaging in sexual contact with a minor, which carries a maximum penalty of 30 years in prison per victim. According to the United States Justice Department, all three men had had prior sex crime convictions, and all three had travelled to Cambodia with the express purpose of preying on other, less legally protected children. Peeters allegedly molested several young boys and paid them small amounts of money to be photographed naked. Sporich is accused of frequently hosting three Cambodian boys at a private residence and is said to have driven around on a moped, dropping cash from his pockets to meet local children. Boyajian is accused of engaging in sexual activity with a 10-year-old Vietnamese girl. The three men are among the first to have been apprehended under a joint initiative, Operation Twisted Traveler, between the United States Department of Justice and Immigration and Customs Enforcement in an attempt to crack down on Americans who participate in sex tourism. According to officials from Immigration and Customs, Boyajian, Peeters and Sporich were tracked down through information supplied by human rights organizations International Justice Mission and Action Pour les Enfants. While sex crimes have always been taken very seriously in Los Angeles, these three recent arrests highlight the United States growing commitment to the safety of children everywhere. Committing sex crimes in other countries could still land you in a prison in Los Angeles. In 2003, the federal Protect Act was enacted to strengthen the nations existing laws regarding sex crimesagainst children outside United States borders committed by American citizens. As evidenced in the cases of Boyajian, Peeters and Sporich, up to 30 years in prison is a distinct possibility upon conviction. If you have been charged with a sex crime, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today. Our combined 50 years of courtroom experience will fight for your freedom and good name. Tagged as: sex crime accusations Los Angeles Sex CrimesPosted on: September 3, 2009 at 12:52 p.m.Los Angeles sex crimes are a serious matter, and Los Angeles criminal defense attorneys know that the penalties can ruin the lives of anyone convicted of such a crime. A recent case demonstrates how Los Angeles sex crimes, and sex crimes in other areas, can have a wide spread effect. For example, a youth group leader at a Los Angeles are church is accused of having a sexual relationship with a girl he was in contact with who was underage. The Fullerton man is accused of smoking marijuana and having sexual relations with the 15-year-old girl in the church parking lot. The 21-year-old man is charged with one felony count of unlawful sexual intercourse, one felony count of oral copulation of a minor and one misdemeanor count of contributing to the delinquency of a minor. If convicted, he could be sentenced to more than three years in state prison. Los Angeles sex crimes such as these not only have potential for long prison terms, but could ruin the life of anyone convicted. Being convicted of a Los Angeles sex crime that involves an underage person could lead to being put on the California Sex Offender Registry, which can often be a lifetime situation. This can, and often will, lead to limited career opportunities, limited housing options and general public shame. There are even people who troll the California Sex Offender Registry to see if they can harass anyone on the list, whether or not they know that person. If you are facing Los Angeles sex crime charges, you need an attorney with experience in sex crime cases. The way judges work, prosecution tactics and even the amount of public scrutiny can be too much for an inexperienced attorney or a public defender. A Los Angeles criminal defense attorney who understands the law and who has a proven track record of defending Los Angeles sex crime cases can be the difference between jail and freedom. If you or someone you love is facing Los Angeles sex crime charges, you should contact the criminal defense attorneys at Kestenbaum, Eisner & Gorin. Our decades of experience with sex crimes and Los Angeles sex crime cases have helped countless clients avoid jail time and a lifetime on the California Sex Offender Registry. Call us today at 877-781-1570. Tagged as: sex crime accusations Los Angeles Rape DefensePosted on: August 14, 2009 at 7:38 p.m.Any Los Angeles rape is obviously a serious issue, but for the victim and the alleged perpetrator. Los Angeles sex crimes can lead to serious prison time, long periods of probation, fines and even being placed on the California Sex Offense Registry. A recent Los Angeles sex crime case involved a government official and a great deal of intrigue. The general manager of the Los Angeles Department of Building and Safety has been placed on administrative leave by the mayor. This happened because the general manager is under a Los Angeles police investigation into a rape allegation made against him. In this Los Angeles sex crime, a woman alleged that the man sexually assaulted her at his downtown condo. Los Angeles police are current investigating these allegations, however the man's Los Angeles criminal defense attorney is stressing that the accusations have not been proven. Allegedly, the woman went with friends on a "bar hopping" trip and after several drinks she blacked out. When she woke up the next morning, she says she was being raped by a man she later identified as the general manager. Los Angeles sex crime attorneys must be aware that the public, and in turn juries, are biased against anyone accused of rape, sexual assault or any other Los Angeles sex crime.In order to properly defend someone accused of rape, a criminal defense attorney has to examine police investigation tactics, examine the testimony of the victim, examine the crime scene and see if DNA evidence can help his client. In a Los Angeles sex crime trial, dealing with the jury could be difficult, and a Los Angeles criminal defense attorney must navigate the courtroom without offending the jury. If he portrays the victim as a tramp, the jury could turn on his client. If the attorney is too kind, the jury could wonder if he knows his client is guilty. If you or someone you love is accused of a Los Angeles sex crime, contact the criminal defense attorneys at Kestenbaum, Eisner & Gorin at 877-781-1570. Tagged as: sex crime accusations Sex Crimes and Los AngelesPosted on: July 31, 2009 at 6:56 a.m.Los Angeles sex crime defense attorneys work hard to represent those charged with a Los Angeles sex crime. Los Angeles sex crimes are difficult to battle against, in part because of the social stigma associated with the crime. The general public will often find anyone accused of a Los Angeles sex crime guilty, even before they are prosecuted. In a recent case, NFL star Ben Roethlisberger of the Pittsburgh Steelers has been accused of raping a Nevada woman. The woman, a Harrahs Lake Tahoe Hotel and Casino VIP Services Manager, has filed a civil suit against the quarterback claiming he asked her to come to his hotel room to fix a broken television set. After determining that there was nothing wrong with the television, the woman, whose identity has been withheld, claims Roethlisberger blocked the doorway, pushed her onto the bed and raped her. The lawsuit filed by the woman states that she had met Roethlisberger several times in the past when he had participated in an annual celebrity golf event hosted by the resort. The woman claims she reported the incident to the hotels chief of security, Guy Hyder. The lawsuit accuses Hyder and several other Harrahs employees of covering up the incident and making derogatory remarks about her character. No Nevada law enforcement agencies were contacted by the woman and there were no criminal charges filed or investigations into the allegations taking place. Since Roethlisberger is not being accused of a criminal offense, he will not serve jail time if he is found guilty in the civil suit. The woman accusing him of rape is suing Roethlisberger for $380,000 in medical expenses for the treatment of depression, anxiety and post-traumatic stress disorder, $30,000 in lost wages and an unspecified amount of damages. Since this is a civil case and not criminal, neither the Steelers nor the NFL have released any statements as to what kind of punishment, if any, Roethlisberger will be given. The Los Angeles sex crimes of rape and sexual assault charges are nothing to take lightly. Even if this case does not appear on Roethlisbergers criminal record, it could permanently damage his good reputation. Had this woman filed criminal charges against Roethlisberger, he could have been facing as much as eight years in a state prison, in addition to probation or parole. Just because someone makes an allegation against you does not mean that there is no way to defend yourself against it. Insufficient evidence, lack of witnesses and the absence of DNA evidence are some of the strongest defenses against sex offense charges. If you have been accused of a Los Angeles sex crime such as rape or sexual assault, call the Los Angeles criminal defense attorneys at Kestenbaum, Eisner & Gorin. Tagged as: sex crime accusations Minor League Pitcher Charged with Major AssaultPosted on: July 27, 2009 at 1:38 p.m.Perhaps he meant to do it, or perhaps his aim is just bad, but minor league pitcher Julio Castillo has been charged with one count of felony assault with a deadly weapon and one count of felony assault that caused bodily harm after a brawl at a baseball game left a bystander injured. Castillo, who is from the Dominican Republic and does not speak English, was pitching at a minor league baseball game in Dayton, Ohio when a brawl broke out between the two teams. Castillo claims he threw the ball at the opposing teams dugout fence to warn players from coming out to join the fight, while prosecutors in the case allege the pitcher threw the baseball in order to hurt someone from the opposing team. Whatever Castillo meant to do, the baseball he hurled ended up hitting a 45 year-old man sitting in the stands behind the teams dugout. The man claims he suffered a concussion and swelling that lasted for several days from the blow, with the stitching from the ball leaving marks on the side of his head. If Castillo is convicted on both counts of felony assault, he could serve as much as 16 years in a state prison. Castillo has pleaded not guilty. Felony ssault charges are, by nature, a very serious criminal offense in Los Angeles and can come in a wide variety of forms: simply pushing someone, bar fights and domestic abuse are all considered assault and/or battery. Assault can be classified as either a misdemeanor or a felony criminal offense in Los Angeles, depending on the circumstances. In a case such as this, where someone was actually injured and required hospitalization, the assault would most likely be classified as a felony. Felony assault convictions are particularly damaging in Los Angeles as they count as a Strike under Californias Three Strikes laws, which can lead to longer prison and parole terms, as well as a potential life in prison sentence for that third felony. Use of a deadly weapon in an assault case is tricky because under Los Angeles law, a deadly weapon is really anything other than a firearm that could cause great bodily harm to someone. Anything from a baseball or bat to more typical weapons such as a knife can be classified as deadly. If you have been charged with felony assault, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today. Our attorneys have over 50 combined years in defending against criminal charges and we will fight for you. Tagged as: jury trial defense, sex crime accusations Sex Offense in Los AngelesPosted on: June 22, 2009 at 7:14 a.m.Los Angeles sex crime laws are strict and have very little leeway for those found guilty. Los Angeles sex crimes defense attorneys work tirelessly to defend anyone accused of a Los Angeles sex crime, because the penalties extend well beyond prison time or fines. There are a wide range of crimes that fall under the title of sex offenses. In the case of New Jerseys Anthony Mark Bianchi, it was alleged that he traveled to other countries for child sex tourism. Before his bout with American legal system, the wealthy business man had been convicted by Russian courts of molesting boys there, and even spent time in a Russian prison for his conviction. During 2003-2005, Bianchi allegedly traveled overseas to countries such as Moldova, Cambodia, Cuba, and Romania. It is thought that he molested or attempted to have sex with at least six boys, plying them with gifts and money in exchange for their favors. Some of Bianchis alleged victims were flown to the United States from Moldova during his 2007 trial. He was prosecuted under the Protect Act legislation aimed at shutting down sex tourism and other sex crimes against children. Bianchi was eventually convicted of having sex with, or attempting to have sex with four boys on foreign soil. Los Angeles sex crimes are defined by state and federal governments as illegal forms of human sexual behavior. Common sex crimes are rape, lewd conduct, indecent exposure, sexual abuse or assault, child pornography or molestation, pandering, and distribution of illegal pornography. In Los Angeles, as in many places, sex offenders are required to list themselves on the Sex Offender Registry. Available to the general public, this registry is commonly used by potential employers, landlords, and community members. Not only are these records open to the public, but these types of crimes tend to be cracked down on the hardest in the courts. Neither the courts nor the general public is sympathetic to those convicted of sex offenses in Los Angeles area. If convicted, you can face fines, prison time, probation, parole, community service and more, in addition to the necessity of being publicly listed as a sex offender. Punishments are especially harsh if the victim was a minor, or if you are a repeat sex offender. When facing charges of a sex offense, you dont want to be unprepared. Los Angeles sex Crimes are punished harshly and have long-lasting effects. If you have been charged with a serious criminal offense, do not hesitate to call Kestenbaum, Eisner & Gorin, LLP at (877) 781-1570. Our knowledgeable legal team can evaluate your case and advise you of your legal options. Tagged as: sex crime accusations Thibes Convicted of Physical and Sexual Assault in Los AngelesPosted on: April 21, 2009 at 6:32 a.m.In extreme Los Angeles sex crime cases, it may seem there is very little a Los Angeles criminal lawyer can do. Usually, the prosecution and the media paint every sex crime defendant as a pedophile or "dirty old man" when in reality most cases are incredibly complex. However, there are those cases that are so terrible, they perpetuate the stereotype. Lindolfo Thibes was convicted on Friday, April 17th on numerous counts of both sexual and physical abuse of his 29 year-old daughter. Thibes daughter, whose name has been withheld from the media because she is a victim of sexual abuse, told police that physical and sexual abuse from her father began when she was just six years old and the family lived in Los Angeles. At eight years old, Thibes began plying his daughter with alcohol and marijuana, sexually assaulting her an estimated 10 times per week. Thibes daughter testified that her father would fly into paranoid rages and beat both her and her younger brother with a baseball bat, accusing her of sneaking out to meet boys and forbidding her to leave their home alone. Thibes daughter, who is now 29, had three children with her father, the first at 17 years old. In 2003, Thibes grew fearful that his son had told Los Angeles police about the frequent abuse and took his daughter and their three children to Las Vegas, where he told neighbors she was his girlfriend. They remained in Las Vegas until 2005 when police arrested Thibes for stabbing his daughter twice in the chest with a 10-inch kitchen knife. Thibes daughter confessed her fathers history of sexual abuse to hospital workers after her father was taken into custody by Las Vegas police and she knew her three children were in safe from him in protective custody. Thibes oldest daughter moved back to California to raise her three children while police investigated the case. Thibes pled guilty to stabbing his daughter, but denied ever sexually abusing her, telling authorities he didnt know how she could "make such accusations after the good upbringing he had provided her." Thibes represented himself in court, telling the Los Angeles Superior Court Judge he had been diagnosed as a paranoid schizophrenic and complaining of fraudulent evidence and perjured testimony. DNA testing by Los Angeles prosecutors confirmed that he is both the father and grandfather of the three children his eldest daughter gave birth to. The jury deliberated just three hours before finding him guilty of numerous counts of rape and sexual assault spanning over the last decade. The judge in the case sentenced him to 109 years to life in prison in a case that Los Angeles police describe as one of the worst cases of child abuse they had dealt with. In California, more serious sex offenses such as rape or sexual assault carry a prison sentence of up to eight years. Sex crimes are vigorously prosecuted in California and if you are facing charges, you need an experienced attorney by your side. Call the attorneys at Kestenbaum, Eisner & Gorin, LLP today to begin preparing your defense. Tagged as: sex crime accusations Sexual Assault at USCPosted on: April 20, 2009 at 7:13 a.m.Sexual assault in Los Angeles is a challenging crime, Los Angeles criminal defense attorneys regularly defend men and women in all walks of life who are charged with this crime. In Los Angeles, sexual assault can lead to years in prison, a life of shame and other consequences. Colleges in Los Angeles are, unfortunately, full of sexual assault accusations. University of Southern Californias Lambda Chi Alpha fraternity has been suspended while Los Angeles police investigate as many as three claims of sexual assault by women who went to a party at the fraternity house this past Wednesday. One 19 year-old student told investigating police officers that she passed out from drinking while at the party and awoke to find herself partially undressed. The student believed she had been molested. Los Angeles police are currently looking for additional evidence and witnesses. Claims such as this are fairly common on college campuses, but they should never be taken lightly. Sexual assault is usually defined as unlawful sexual touching, whether by force, restraint or intoxication that is unwanted by the victim, or upon someone physically or mentally disabled. A conviction for a sexual assault charge can be punished by up to one year in county jail, probation, fines and lifetime registration with Californias sex offender registry. Sex crimes in California are particularly serious because of the frequent requirement to register with the states sex offender registry, which is online and available for the general public to access. Anyone from a neighbor to a landlord to a potential boss can look you up and see exactly what crime you were convicted of. In that manner, sex crimes like sexual assault can follow you around well after you have completed whatever punishment a judge has handed down to you. That is why finding an experienced criminal defense lawyer is so important if you have been charged with a sex crime. A strong criminal defense attorney knows that sex offense cases often hinge on consent, lack of witnesses and insufficient evidence. The right lawyer will look tirelessly through the body of evidence against you to see if any of it is inadmissible in court and fight hard to help you defend your good reputation. If you have been charged with sexual assault, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today. Their combined 50 years of courtroom experience is exactly what you need on your side when your reputation and even your freedom are at stake. Tagged as: sex crime accusations Sex Crimes and Politics in Los AngelesPosted on: April 13, 2009 at 1:05 p.m.Vernon is an unincorporated area east of downtown Los Angeles. A recent high-profile case of sex offenses has put the area in the news since it involves the son of a mayor. Los Angeles criminal defense attorneys know that defending sex offenses and sex crimes is a major challenge in Los Angeles, and being a high-profile individual can further complicate matters. John Malburg, the 40-year-old scion of the family that founded the tiny, cloistered industrial city of Vernon, was sentenced Friday to eight years in prison after pleading guilty to sexually molesting one boy and videotaping another one for commercial purposes. The case against Malburg, who was the dean of students at now-closed Daniel Murphy Catholic High School in the Fairfax district of Los Angeles, arose out of a public corruption investigation that involved him; his mother, Dominica, 83; and his father, Vernon Mayor Leonis Malburg, 80. Three years ago, investigators serving search warrants in the voter fraud probe stumbled onto evidence that the younger Malburg was sexually abusing children. Authorities said one 17-year-old student appeared in a sexually explicit tapein exchange for a higher grade and money. The boy Malburg was convicted of molesting was between the ages of 10 and 15 when the abuse occurred, said Deputy Dist. Atty. Richard Taklender of the sex crimes division. Malburg had been a therapist for the boy when the abuse began, Taklender said. A sex crime is an illegal sex act, or illegal form of human sexual behavior, as defined by the state and federal government. People who are convicted of sex crimes are called sex offenders. In the state of California, all sex offenders must list them selves on the Sex Offender Registry for an indefinite amount of time. This Registry is accessible to the public, which means that future employers, landlords, educational facilities, and neighbors will be able to obtain this information. If you have been charged with a serious criminal offense, do not hesitate to call Kestenbaum, Eisner & Gorin, LLP at (877) 781-1570. Our knowledgeable legal team can evaluate your case and advise you of your legal options. Tagged as: counterfeit goods pc 350, sex crime accusations Statutory Rape in Los AngelesPosted on: March 19, 2009 at 12:16 p.m.Los Angeles rape charges are serious, most people know that. Los Angeles statutory rape charges are also serious, and any Los Angeles rape defense attorney will tell you that there are serious consequences that go along with statutory rape. Everybody knows that the difference between a rape charge or allegation and normal life is consent. There are, however, some instances where readily given consent does not legally apply to a sexual situation. Statutory rape is one such instance. In Los Angeles, the legal age of adulthood is generally 18, and anyone under the age of 18 is considered a minor. In most states, including California, this is also the legal age at which someone can consent to a sexual act with another person over the age of 18. If one of the people involved in a particular sex act is over the age of 18 and one is not, this generally constitutes statutory rape and can incur a criminal charge. Even within this situation, however, there is a three year "window." Most Los Angeles statutory rape defense attorneys will tell you that in order to avoid a statutory rape charge in a situation involving a minor, both participants must be no more than three years. For example, if one of the participants is 17 and one is 21, then there are grounds for a statutory rape charge, unlike a situation where one participant is 19 and one is 16. Even a situation involving a 15 year old and an 18 year old would technically be allowable by legal standards. Charges for statutory rape in Los Angelescan be brought up both by the victims parents and the state, even if the victim insists that the act was consensual. The laws in this case do not view the victim as old enough to have given consent to a sex act without qualification and attempt to keep minors from being taken advantage of sexually by an adult, or even an older minor. Some statistics estimate that of the average age difference between a teen victim of statutory rape and an adult defendant is seven years and nine months. Sex crimes are rigorously prosecuted and punished in California and statutory rape is no exception. The majority of sex offenses are classified as felonies and can incur punishments such as several years in a state or county jail, community service, heavy monetary fines, probation or parole and lifetime registration with Californias sex offender registry. If you have been accused of statutory rape, call the attorneys at Kestenbaum, Eisner & Gorin, LLP right away to begin preparing your case. Tagged as: sex crime accusations Los Angeles Sex Crimes and Megan's LawPosted on: February 13, 2009 at 9:46 a.m.Los Angeles sex crimes attorneys regularly battle against laws that have penalties which far outweigh the crime. Sex crimes and sexual offenses in Los Angeles are highly emotional crimes when it comes to penalties, but as most qualified Los Angeles sex crimes defense lawyers will say, the overwhelming penalties involved are unconstitutional and overaggressive. Being charged with a sexual offense is nothing to be cavalier about. Recent trends in legislation and law enforcement make sexual offense crimes that can follow people around for the rest of their lives. In Los Angeles, convicted sex offenders are required by law to list themselves on the state's Sex Offender Registry for indefinite periods of time. This registry, which includes the home address of a listed sex offender, is accessible by the public. Any landlord, potential boss, school or neighbor will be able to look up your information and know exactly which crime you were convicted of. Sex crimes in Los Angeles can be much more difficult to prove than any other crime, and in some cases, consent is the determining factor. However, even if explicit consent is given, it is legally invalid in cases involving a minor, the mentally incapacitated and the unconscious or intoxicated. In cases of alleged child molestation, false accusations are actually fairly common as children can easily be influenced by adults to say things that are untrue. All of these factors can be difficult to prove or disprove, and a skilled Los Angeles sex crime attorney with experience in fighting sex crime charges is essential. Some commonly committed Los Angeles sex crimes include: rape, statutory rape (sex with a person under 18), date rape, lewd conduct, indecent exposure, sexual abuse or assault, child pornography, child molestation, prostitution, pandering (procuring the services of a prostitute for a third party) and the distribution of illegal pornography. Punishments for these Los Angeles sex crimes include: prison time, heavy monetary fines, restitution, court-ordered counseling, community service, probation, parole and mandatory registration with the state's Sex Offender Registry. Don't let your life be forever changed by a sex crime accusation. If you are being accused of a sex crime, contact the attorneys at Kestenbaum, Eisner & Gorin LLP immediately to begin preparing your defense. Tagged as: sex crime accusations How Restricted Are the Lives of Sex Offenders?Posted on: February 3, 2009 at 11:59 a.m.In the state of California, if you are convicted of being a sex offender, your penalties could include a fine, jail time and registering on California's sex offender registry (which is a life time deal). Los Angeles sex offender lawyers will also tell you that the repercussions of being convicted of a sexual offense ripple throughout every area of your life. There have been many stories done by the media on how sexual offenders are limited in job prospects, in where they can live and so on. Now, it seems, sex offenders aren't even allowed on certain Websites. MySpace officials say about 90,000 sex offenders have been identified and removed from its huge online social networking Web site. The North Carolina Attorney General said the new figure is nearly double what MySpace officials originally acknowledged last year when detailing who had used their site. Attorneys General throughout the nationled the charge seeking efforts to make social networking Web sites safer. MySpace officials sent the numbers on how many sex offenders they'd kicked off on Wednesday. Last year, the attorneys general received agreements from MySpace and rival online networking site Facebook to push toward making their sites safer for young users. Both implemented dozens of safeguards, including limiting how older users can search members under 18. CALIFORNIA SEX CRIMES Of all crimes, sexual offenses tend to be the most vigorously prosecuted by law enforcement and district attorneys. There are a variety of sex acts that are considered illegal. Commonly committed sex crimes include: rape, statutory rape, date rape, lewd conduct, indecent exposure, sexual abuse, sexual assault, child pornography, child molestation, prostitution, pandering, and distribution of illegal pornography. Kestenbaum, Eisner & Gorin, LLP is a criminal defense law firm that has been helping clients throughout Southern California contest their criminal charges and obtain superior results for years. Our skilled sex crimes attorneys have over 50 years of collective court room experience and we are fully prepared to undertake our clients cases. Tagged as: sex crime accusations Child Prostitution in San BernardinoPosted on: January 20, 2009 at 7:35 a.m.Child prostitution is a terrible crime, something that causes children to suffer throughout the world. Most people seem to think that child prostitution is something that doesn't happen in America today, but those people would be terribly wrong. Ontario and west San Bernardino county are being investigated for multiple cases of child prostitution. One is of a 45-year-old man arrested by Montclair police and accused of pimping a 13-year-old runaway and having sex regularly with her, all while wearing a GPS ankle bracelet that kept track of his whereabouts for authorities. According to court documents, the man accused of pimping the 13-year-old girl is Reginald Edward Christopher of Riverside. The girl, who called herself Baby Face 13 on the screen saver of her phone, said she was sleeping behind a Dumpster in an apartment complex in Ontario when Christopher picked her up and allegedly turned her to prostitution. The parolee was wearing a GPS ankle bracelet. Authorities said he lived in his 2005 black Cadillac and was required by the terms of his parole to be in a Riverside Park & Ride every night by 10 p.m. and to remain there until 6 a.m. Investigators said in court documents that it didn't prevent Christopher from having sex every night with the girl. He just took her along with him. The second case involves a 26-year-old woman arrested by Ontario police and accused of pandering by procuring a minor under the age of 16 for prostitution. Investigators say she met the 14-year-old San Diego girl in a shopping mall and won her friendship with gifts and guile. The story of the young victim was reported in earlier stories as the one put into prostitution on weekends, so that she could go to school and her parents wouldn't find out. According to the United States Department of Justice, it is estimated that about 293,000 American youth are currently at risk of becoming victims of commercial sexual exploitation. Tagged as: sex crime accusations Former NFL Hero Accused of Rape...AgainPosted on: January 15, 2009 at 7:37 a.m.NFL players and other high-profile individuals are often the target of allegations of crimes such as sexual assault and other sex crimes. High-profile individuals, which are numerous in Los Angeles,are often around numerous people they don't know well, and there are those who look to take advantage of such situations. Los Angeles sex crime attorneys understand that athletes, actors and even politicians can be the target of false accusations. A sex crime is an illegal sex act, or illegal form of human sexual behavior, as defined by the state and federal government. People who are convicted of sex crimes are called sex offenders. In the state of California, all sex offenders must list them selves on the Sex Offender Registry for an indefinite amount of time. This Registry is accessible to the public, which means that future employers, landlords, educational facilities, and neighbors will be able to obtain this information. However, as many Los Angeles sex crime attorneys will tell you, repeat offenders, or those repeatedly accused of sex crimes, will get zero sympathy from the courts, even if all the accusations are false. For example, several months after he was charged with raping a South Carolina woman, former NFL running back David Meggett was in jail Wednesday on allegations of another sexual assault. Meggett, 42, was arrested and charged with raping a 21-year-old woman in her North Charleston home, authorities said. Meggett had been out on bond in connection with another sexual assault charge in South Carolina. Both arrests occurred while Meggett was serving out two years' probation for a 2006 sexual battery charge in North Carolina. The woman told police she woke up at 1 a.m. Tuesday and found a man she knew as "Mike" sitting on her bed, according to an incident report. The man demanded that she repay $200 she owed him and raped her when she said she didn't have the money, police said. Afterward, the man told her he was sorry and that she didn't have to repay him. The woman drove herself to the hospital, where Meggett later met her and was arrested, according to police records. Meggett, who is listed as living in North Charleston, had been out on bond in connection with another sexual assault charge. In September, he was charged with third-degree criminal sexual conduct after a 17-year-old North Charleston woman told authorities she was raped by a man she knew as "Michael," according to police records. Both South Carolina arrests occurred while Meggett was serving out two years' probation for a 2006 sexual battery charge in North Carolina. Authorities there allowed the Charleston native to serve his sentence in South Carolina and have been notified about both of Meggett's recent arrests, said Pete O'Boyle, spokesman for the South Carolina Department of Probation, Parole and Pardon Services. He was denied bond Tuesday night on charges of first-degree criminal sexual conduct and first-degree burglary, said Spencer Pryor, spokesman for the North Charleston police. He was being held Wednesday in the Charleston County jail, and it was unclear if he had an attorney. Meggett has been acquitted on sex-related charges in the past. In 1990, while he was with the Giants, Meggett was found not guilty of soliciting sex from an undercover police officer in Baltimore. Eight years later, he was charged with assaulting a woman in a Toronto hotel room after she refused to continue having sex with him, but that charge was dropped. Tagged as: counterfeit goods pc 350, sex crime accusations Sex Crimes, Minors and SchoolsPosted on: January 13, 2009 at 7:59 a.m.Los Angeles sex crimesattorneys know that laws are often written based upon the fears of the general public. For example, the penalties and laws surrounding sexual offense and sex crimes involving children are specific, broad and severe. The reason is that parents are protective of their children, and politicians want citizens to feel protected by the law. Los Angeles criminal defense attorneys know that when protecting someone accused of a sex crime involving a minor, they are fighting an uphill battle. For example, a women was recently charged with forcing a minor to have sex with her and smoke marijuana with her. The woman accused of the sex crime is a guidance counselor at Santa Clarita High School. The complaint filed in Chatsworth Superior Court alleges the William S. Hart High School District should have prevented guidance counselor Roselyn Hubble, 33, from abusing, molesting and harassing the boy, now 16, while he attended Golden Valley High School. The complaint alleges the alleged sexual contact occurred from January through September 2007. Charges such as these have far ranging consequences for the accused. The women, who has only been accused mind you, will most likely be found guilty in the court of public opinion of this sex crime, and this will affect the rest of her private and professional life. For example: With more and more employers doing deep background checks, even if found not guilty the woman faces a lifetime of rejections from any school district.
California Sex Crime Legal Penalties Of all crimes, sexual offenses tend to be the most vigorously prosecuted by law enforcement and district attorneys. Once a person is convicted a sexual offense, he/she may be punished with:
Tagged as: sex crime accusations Major Challenges Involving Sexual AssaultPosted on: January 8, 2009 at 9:51 a.m.Los Angeles sexual assault attorneys understand the difficulties in defending individuals accused of sexual assault, rape and so forth. Juries are often swayed by their emotions, laws heavily favor the accuser and the individual accused of sexual assault may not properly cooperate with the Los Angeles sexual assault attorney.
When a case is complex, or involves odd outside factors, it makes a sexual assault defense attorneys job that much more difficult.
In Santa Ana, three young men are charged with a sexual assault case that, should they get the maximum, could net them 18 years each in prison. The three men, two of whom play football for Santa Ana College, were charged with raping and sexually assaulting a drunk or unconscious woman last summer and videotaping the crime. The sexual assault took place in July of 2008 at a hotel room. The three men allegedly took turns videotaping and sexually assaulting the girl who allegedly passed out, either from drugs or drinking.
An associate of one suspect discovered the 19-minute recording Dec. 28 and gave it to police, Tustin police Lt. John Strain said. All three suspects are being held in the Orange County Jail on $100,000 bail.
The video tape could make the case difficult to defend for the following reasons:
Tagged as: sex crime accusations Sexual Assault DNA Problems for the LAPDPosted on: October 23, 2008 at 8:27 a.m.Los Angeles criminal defense attorneys have been paying a great deal of attention to recent reports regarding the Los Angeles Police Department. As many as 200 potential sexual assault cases have gone without prosecution because Los Angeles police officials failed to meet legal deadlines to test DNA evidence that might have identified a suspect. The audit revealing the failure in these sexual assault cases was the second critical assessment of LAPD forensic work in as many weeks. A confidential report last week disclosed shoddy work by the department's fingerprint experts that had falsely implicated people in crimes. Chief William J. Bratton said late Monday that he had set up a task force to examine the Scientific Investigations Division, which oversees the department's fingerprint analysis unit and DNA lab. He said he had asked the FBI and Los Angeles County district attorney's office to join the task force probe. The LAPD has a backlog of 7,000 sexual assault test kits that have not been examined. Of those cases, 217 are beyond the 10-year statute in which to prosecute the crimes, according to the report. Surely, many Los Angeles criminal defense attorneys will want to know the names of the people named in these cases, as well as other cases where the statute of limitations may have passed on evidence. Each kit, officials say, contains a potential genetic road map to the perpetrator of a crime. Unlike the Hollywood portrayal of high-tech crime fighting on police shows such as "Law & Order" and "CSI," the LAPD's ability to analyze evidence seemed "stuck in an era of Wyatt Earp." The LAPD has been repeatedly criticized for its huge backlog of untested DNA evidence, but officials have said that they lacked the money to move faster on the cases. Bratton said his department needed more staff and at least $7 million to address the backlog. Bratton said he was so frustrated that he turned to the Los Angeles Police Foundation to raise private funds. So far $1.5 million has been raised. Now the unit that tests the kits is working at maximum capacity and is able to keep up only with the new cases and ones that must be processed because the statute of limitations is close to expiring. Auditors also found that the LAPD was failing to comply with a state law that requires sexual assault victims to be notified by the police if their rape kits are not tested within a two-year period. Bratton said such failures would be among the issues that the task force would take up. If authorities had made those notifications the statute of limitations would have been extended. LAPD officials acknowledged that some kits were beyond the legal deadline, but said it was possible that some of those cases had been prosecuted using other evidence. They added that some of the stored DNA evidence may be tied to crimes other than sexual assault. The problem of untested DNA evidence is not unique to the LAPD. Forensic labs throughout the nation have been swamped by demands, not only from regular investigators but also from "cold hit" squads seeking breaks in long-dormant cases and from convicts with claims of innocence. According to U.S. Justice Department statistics, more than 500,000 unsolved crimes, including 169,000 rapes, have untested DNA evidence. Tagged as: sex crime accusations Austin Powers Star Charged with RapePosted on: October 15, 2008 at 9:33 a.m.The actor who played Random Task in the first "Austin Powers" movie has been charged with a vicious gang rape. Joe Son's arrest has been all over newspapers in the Orange County, but few had connected the dots -- that the suspect is actually Dr. Evil's henchman. Son pleaded guilty back in May to felony vandalism. The plea required him to fork over a DNA sample. Investigators ran his sample and found Son's DNA connected him to an unsolved gang rape back in 1990, where a woman was pistol-whipped, raped, threatened with death and eventually blindfolded and released naked. Son has been charged with five felony counts of rape, two felony counts of forcible sodomy, two felony counts of sodomy in concert by force, seven felony counts of forcible oral copulation, and one felony count of sexual penetration by foreign object by force. Son faces a maximum sentence of 275 years to life if convicted. There are a variety of sex acts that are considered illegal. Commonly committed sex crimes include: rape, statutory rape, date rape, lewd conduct, indecent exposure, sexual abuse, sexual assault, child pornography, child molestation, prostitution, pandering, and distribution of illegal pornography. Rape, also referred to as sexual assault, is an assault by a person involving sexual intercourse with or sexual penetration of another person without that person's consent. Rape is generally considered a serious sex crime, as well as a civil assault. The rate of reporting, prosecution and convictions for rape varies considerably in different jurisdictions. The rape of women by men is by far the most frequent form of the assault. Studies have found that the majority of rapes are committed by persons known to the victim, and that only 2% are committed by strangers. Here are some tips to help reduce your chances of a sexual assault: - When out partying Tagged as: california criminal laws, sex crime accusations Great Bodily Injury Enhancement, California Penal Code Section 12022.7 - Sex Crime Defense IssuesPosted on: September 6, 2008 at 10:51 p.m.Frequently Los Angeles Criminal Attorneys defend sex offenses being charged in criminal court, including a violation of Penal Code 261.5 Statutory Rape, Penal Code 261(a)(2) Forcible Rape, Penal Code Section 288(a) Child Molestation, just to name a few. Typically these offenses carry the possibility of probation up to 16 years in prison, per one count. Often these cases involve the allegation of numerous criminal acts, and thus the maximum possible confinement time adds up. Another allegation that may increase an offender's possible punishment is the infliction of great bodily injury upon the alleged victim. This is viewed by the court system as something grave, and substantial (broken bones, lacerations, etc). Recently a new theory of injury was decided by the California Supreme Court: pregnancy. The court ruled that a pregnancy without medical complications that results from unlawful, but not forcible, sexual conduct with a minor may support a finding of great bodily injury. The state high court unanimously affirmed a defendant's 15 year-to-life sentence based on a jury Tagged as: jury trial defense, sex crime accusations Sex Crimes Defense in California: Conviction Reversed due to Withheld Evidence at TrialPosted on: August 6, 2008 at 9:11 p.m.The failure to disclose evidence by a criminal prosecutor is a defense attorney's fear. Is a prosecutor willing to win at any cost, so that he or she will hide or fail disclose evidence favorable to a criminal defense attorney? While in practice in Los Angeles courts this phenomenon is rare, a recent criminal law case addressed what happens when evidence is withheld from the defense. Los Angeles criminal defense lawyers have many tools to prevent a prosecutor from hiding the ball, including filing informal and formal discovery motions pursuant to Penal Code Section 1054. Specifically the California Court of Appeal ruled a videotape of the medical examination of the alleged victim of a sexual assault, in the possession of a medical professional who works with police and prosecutors, should have been turned over to defense lawyers as potentially exculpatory evidence. The justices said the tape might have been helpful to attorneys for Agustin S. Uribe because it supported a defense expert Tagged as: motion to dismiss unlawful police searches, sex crime accusations, police misconduct Supreme Court Strikes Down Death Penalty for Raping a ChildPosted on: June 25, 2008 at 10:25 a.m.In Louisiana a law was passed that would allow a judge or jury to sentence an individual convicted of raping a child to the death penalty, however The Supreme Court of the United States struck this law down. This law was passed even though it has been 44 years since someone in America was sentenced to death for a crime other than murder. Child abuse, specifically child molestation and sexual abuse, has come under intense scrutiny from family and victims' rights groups all over the country. In Massachusetts, for example, the state legislature is attempting to ban probation for child rapists, meaning that these individuals would have to serve time for the crime committed. This is an incredibly controversial topic, as every community wants to protect their children from being harmed by pedophiles, and the idea that a repeat offender would be in the neighborhood boils the blood of most parents. There are some legitimate challenges however to laws that seek to bring harsh punishments to these criminals. For one, while victims absolutely can and should have rights, the rights of the accused must be protected and accused as well. For another, the term "rape" may be a bit more challenging to define when it comes to a child. It may seem grotesque to attempt to define something such as "child rape," but if it means the difference between sending someone to jail for 15 years and sending them to jail for 2 years, the definition matters quite a bit. Sexual offenses against children is a highly emotional matter, and this heavy emotion has created laws such as "Megan's Law" which seeks to protect children and punish offenders and repeat offenders. Being placed on the sex offender list is a permanent punishment, and having to register as a sex offender in your neighborhood is not only embarrassing, but can make it impossible to find a place to live in a decent neighborhood. The rights of the accused in matters such as these never seem to be important, especially when the crimes and/or accusations are so hideous, however justice and a fair trial are the foundations of our criminal justice system. Tagged as: sex crime accusations Sexual Offense, Child Abuse and Public SchoolsPosted on: June 16, 2008 at 3:02 p.m.While there are jokes and innuendo regarding high school students and their teachers being involved in sexual relationships, in Southern California, and across the country, there has been a growing trend of sexual offense and child abuse in public schools. For example: In April of 2007, a high school English teacher in West Covina was sentenced to two years in state prison for using a minor in a prohibited act. In 2008, evidence has been introduced to both school officials and later on in court that a Santa Monica middle school teacher sexually molested five students. Even more shameful for both the individual and the school is that he was charged on similar counts in 2006. Sexual molestation and sexual offense are forms of child abuse in which an adult or older adolescent uses a child for sexual stimulation. The schools are easy prey for such individuals, as there are many young students and individuals who are looking to commit a crime can spot easy prey. Penalties for these violations can be severe: 1. Jail time for a conviction is almost guaranteed. 2. Teachers can be assured of losing their teaching credentials though out the state. 3. Those convicted will be placed on California Tagged as: sex crime accusations, domestic violence pc 273_5 The Dangerous World of Child PornographyPosted on: June 12, 2008 at 11 a.m.Child pornography is illegal, and there is very little leniency in the law. With the ease with which individuals are able to obtain child pornography via the Internet, state, local and federal law enforcement officials have increasingly been looking to crack down on potential violators. The Supreme Court of the United States has again and again reaffirmed laws prohibiting creating and disseminating child pornography. However, there are various sides to this issue and the prosecution of these laws can often net unintended victims. For example, those in the many artistic communities across the nation see what they are creating as quite different from child pornography. However, these individuals have often been arrested, charged and convicted under laws prohibiting child pornography. Also, people often considered religious zealots have attempted to use child pornography laws to interfere with the adult film business, which has time and again been considered legal. The laws governing child pornography often change though; in 2002 the Supreme Court struck down a 1996 law because it interfered with legitimate educational and scientific studies. However, the most recent developments have led to tougher laws and stiffer penalties for child pornography. This has also led to sex offense databases across the nation containing the information of anyone who has violated child pornography laws. Being put on this list is a permanent punishment. One of the ways the law enforcement or government agency prosecuting child pornography laws can error is in how they collect information. For example, while Internet providers have agreed to block child pornography, and they often give their information to the agencies investigating child pornography crimes, there are still constitutional guidelines the agencies must follow in collecting evidence. For more information on the defense of child pornography charges, please contact the attorneys at Kestenbaum, Eisner & Gorin, LLP. Tagged as: california criminal laws, sex crime accusations, internet crimes defense, child pornography pc 311_11 Internet Crimes: What Are They and What Are the Consequences?Posted on: June 12, 2008 at 10:29 a.m.Every so often a new medium for communication comes along and brings with it a new field for the law. The Internet is nothing new in terms of historic advancements in the technology, however it is a new arena for the law. Internet crimes are many, and they include everthing from identity theft to sexual offenses. An Internet crime is defined as any crime that involves the Internet. For example, when an individual over the age of 18 contacts somone under the age of 18 through the Internet for the purposes of a sexual encounter, that is an Internet crime. One of the challenges for the accused is that many Internet crimes can also be federal offenses and can carry with them far greater charges than the same crime committed under state jurisdiction. For sex crimes, if the offender contacts someone under age that is also in another state, then that's a double whammy as crossing state lines also makes it a federal offense. Internet crimes include kidnapping, sexual offense, bank robbery, credit car fraud, harassment, phishing, scams, espionage and more. The level of offense can range from smaller crimes to major felonies, however due to the amount of research and investigation it usually takes to charge and convict someone of an Internet crime, most cases are on a grand scale. Protecting children is often a major focus for Internet crime laws, as children as the most vulnerable. Using chat rooms to contact children for sexual purposes or with other unsavery motives is against the law. Having an attorney with experience and knowledge in defending the accused in Internet crimes is vital, as the law is ever changing and only someone with experience will be able to provide a solid defense. Tagged as: sex crime accusations, internet crimes defense, high profile defense, white collar crime fraud theft laws Singer R. Kelly: Sex Crime AccusationsPosted on: June 2, 2008 at 4:27 p.m.R. Kelly and Sex Crimes The child pornography and statutory rape trial of Grammy winning and critically acclaimed artist R. Kelly finally began. The preparation of the trial has gone on for some time, and Kelly, 41, faces 14 counts of child pornography for allegedly videotaping himself having sex with an underage girl. He has pleaded not guilty. While the trial has seen some excitement, with a recent surprise witness being called, the charges are fairly straightforward. Much was made of the video tape made that allegedly shows Kelly and the underage girl, as the video even floated around the black market for some time. There was also found in Polk County, FL a video camera showing Kelly having sexual relations with an underage girl as well as other pornographic images of a minor, however some poor police work allowed some of the images to be thrown out. While this case does have a video tape, many statutory rape charges can have some level of difficulty. Rarely is there a great deal of physical evidence in a statutory rape or sexual offense trial, often it is a "he said/she said" scenario. Statutory rape is when one individual (regardless of gender or age) performs a sexual act with someone who is not old enough to consent to that act. While in some foreign countries the age of consent for women is 16, the age of consent in California is 18, and often the law favors the female. Meaning that if two sixteen-year-olds are either caught in the act, or one accuses the other, the male could be charged. In recent cases however, many of which have received national attention, women (teachers mostly) have been found having sexual relationships with males under the age of 18. In the matter of child pornography, most judges and juries will obviously be quite harsh on any individual found guilty of such a crime. Obviously physical evidence is a vital part of any matter involving child pornography, however strong witnesses may cause problems for the defendant. Here are some important tips and bits of information that may be helpful in any defense of sex crime: - In a matter of statutory rape, the age difference between the two individuals is an important face for both judges and juries to consider. A 48-year-old that has sex with a 12-year-old will face greater punishment than a 20-year-old that has sex with a 17-year-old in California. - Taking an underage individual across state lines for the purpose of sex is also a federal crime, and may carry with it increased jail time. - While jail time for a statutory rape crime can range from 4 to 30 years, a good attorney can assist in decreasing the initial offer from the court. In the matter of child pornographer, a sex offender title isn't something that an individual can lose, it follows you the rest of your life. Tagged as: counterfeit goods pc 350, california criminal laws, sex crime accusations Statutory Rape: 10-years Imprisonment and Sex Offender Registration is Cruel and Unusual Punishment, Court RulesPosted on: October 29, 2007 at 11:22 p.m.California law makes it illegal for anyone to have consentual sex with anyone under the age of 18. The criminal offense is also known as the California Statutory Rape law, Penal Code Section 261.5. The greater the age difference in the intimate relationship, the more serious the consequences in a criminal court. If the age difference is less than three years, the offense is a misdemeanor (informal probation, community service, and jail). If the age difference is greater than 3 years, the offense is known as a wobbler under California criminal law, meaning it could be prosecuted as either a felony or a misdemeanor (a felony means the possibility of prison time). The difference between the Statutory Rape law and Child Molestation is in the latter the victim is under 14 years old and even a reasonable belief that the victim is older is not a defense in criminal court. The Statutory Rape law does allow the defense that the older person believed that the victim was actually older than 18 years old, ie. he/she told me he/she is twenty....he/she looked and acted much older...the bottom line the jury is left to decide whether the defendant truly and reasonably believed that the victim was 18 or older. A recent case out of Georgia state court highlights an example where the state's Statutory Rape law was applied too aggressively to a consensual relationship. Genarlow Wilson in 2005 was convicted of aggravated child molestation for having oral sex with a 15-year-old girl when he was 17. He was sentenced to 10 years without parole, the mandatory minimum under Georgia law at the time. But the state's high court, in a 4-3 decision, found that the sentence amounted to "cruel and unusual punishment." In California, criminal defense lawyers know that this type of case would probably not have been prosecuted. And even if it was, the case would have been pursued through the juvenile court process resulting in a home on probation disposition. And on Friday afternoon, Wilson, now 21, a former high school honor student and football star, walked free from the Al Burruss Correctional Training Center after 32 months behind bars. He was calm, soft-spoken and relieved. "I'm finally happy to see we've got justice," Wilson said at a news conference outside the prison. "It's just a whole new beginning. I've got fresh breath, a new life." Wilson's case also highlighted the increasingly strict sex-offender laws that have become common in Georgia and other states. If his conviction had been upheld, Wilson would have had to register as a sex offender upon his release. Georgia law would have prevented him from living or loitering within 1,000 feet of schools, day-care centers, parks, churches, swimming pools or school bus stops. His lawyer stated, "This is an awakening of parents everywhere... have a conversation with your teenager." She added: "Dangerous sex predators are out there. Those are the people who should be subjected to harsh laws, not Genarlow Wilson." In the majority opinion, Chief Justice Leah Ward Sears noted that the Georgia Legislature had altered the law in 2006 to make conduct like Wilson's a misdemeanor that would not require registry as a sex offender. Sears said that represented a "seismic shift in the Legislature's view of the gravity of oral sex between two willing participants." The Court explained that Wilson's case "does not rise to the level of culpability of adults who prey on children and that, for the law to punish Wilson as it would an adult, with the extraordinarily harsh punishment of 10 years in prison without the possibility of probation or parole, appears to be grossly disproportionate to his crime." In Southern California, the criminal defense of sex-related offenses is common. Criminal lawyers should be aware that California child molestation law would require sex offender registration for life under Penal Code Section 290 (for sex with someone under 14). However, the statutory rape would not require such registration. And again, the bottom line here is how old the alleged victim was, not the age of the accused. Tagged as: sex crime accusations Internet Crimes and Child Pornography: Latest Court Ruling on the Application of California Penal Code Section 311.11Posted on: October 27, 2007 at 12:52 p.m.Soutern Callifornia criminal attorneys have noticed that police at the local, state, and federal levels has been investing more and more resources into the investigation of internet crimes. In California, frequently committed internet crimes include: internet fraud, phishing, credit card fraud, illegal downloading, child pornography, illegal pornography, and illegal distribution of viruses/spam. With the recent publicity of "To Catch a Predator" on NBC's Dateline, the public is more aware of suspects attempting to use the internet to engage in sexual chat and activities with minors. California Penal Code Section 311.11 specifically makes illegal the possession of child pornography. While pornography overall is typically protected speech under the 1st Amendment of the U.S. Constitution (as ruled over 30 years ago during the Larry Flynt obscenity trials), child pornography is considered to be harmful and illegal speech, and is not subject to constitutional protections. The law is clearly aimed at protecting minors from exploitation, and victimization. Los Angeles Criminal Defense Lawyers should be aware of the latest ruling in California, People v. Herzig, interprets Section 311.11. The ruling states that an individual who possesses multiple images of child pornography on a computer can only be convicted of one count of possessing such images. In other words, if the police recover a computer with mutliple images from suspect's home, the defendant can only be charged with one criminal violation. As a result, in the Herzig decision, the Appeals Court ruled that nine of 10 counts on which Timothy Donald Hertzig was convicted of possessing child pornography under Penal Code Sec. 311.11 must be dismissed. The panel said Hertzig Tagged as: federal law and defense, sex crime accusations Are sex offenders subject to lifetime registration?Posted on: June 3, 2007 at 12:47 p.m.There are websites where detailed information about sex offenders is posted-where they live, what they were charged for, age, etc. I was looking at sex offenders in my hometown, and I noticed there was a rather old sex offender (80ish years old) just a few blocks away from me. Is a sex offender's information posted for a probationary period (a few years, perhaps) or indefinitely? Sex Registration under California law requires a lifetime of registration, as the Legislature believes that these convicted felons must be tracked for life due to a high rate of recidivism. This information is published online and thus this is a "Scarlett Letter" for the person for life that tracks him. Tagged as: sex crime accusations Inaccurate Eyewitness Identification, Tainted Forensic Testing, False Confessions have led to innocent people convicted. Later DNA testing conclusively showed their innocence.Posted on: May 23, 2007 at 3:58 p.m.
A recent NY Times article described how 200 people were cleared of any wrongdoing, through DNA testing, after being convicted of serious charges. Many has served over 10 years in prison, and fourteen were on death row awaiting execution. Three quarters of the tainted convictions were marked by inaccurate eyewitness identification, and in other cases there were problems with the way forensic testing was executed by law enforcement. In several, there were false confessions. All this demonstrates that aggressive courtroom advocacy is crucial for all defendants. To see other criminal law issues addressed by Southern California criminal defense lawyers, visit http://www.kelawyers.com/FAQ.aspx Tagged as: california criminal laws, federal law and defense, jury trial defense, sex crime accusations, violent crimes defense Kestenbaum Eisner & Gorin LLP has been recognized as one of the best U.S. law firms, based on the experience, professionalism, and ethics of its criminal defense lawyers and attorneys. We aggressively defend clients in all Southern California courtrooms on state and federal charges, including DUI, DMV, misdemeanor, felony, juvenile cases, in the following communities and courthouses. |
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