Articles Posted in Child Abuse

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As temperatures rise going into spring and summer, so does the risk of vehicular hyperthermia for children left inside hot vehicles. Each year since 1998 an average of 38 children have died in hot cars in the U.S. Although these tragedies occur nationally, California is one of only 20 states that has addressed the issue formally. The law in California (Kaitlyn’s Law) holds that leaving a child unsupervised in a motor vehicle is a violation with a fine of one hundred dollars (CAL. VEH. CODE 15620).

(a) A parent, legal guardian, or other person responsible for a child who is 6 years of age or younger may not leave that child inside a motor vehicle without being subject to the supervision of a person who is 12 years of age or older, under either of the following circumstances:

(1) Where there are conditions that present a significant risk to the child’s health or safety.

(2) When the vehicle’s engine is running or the vehicle’s keys are in the ignition, or both.

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A 30-year-old Anaheim man was arrested on suspicion of two counts of child molestation. Two boys, under the age of 16, have come forward and accused the youth soccer referee of molesting them near his home in Anaheim. The boys are not associated with the Huntington Beach soccer league, which reportedly the defendant was employed as a referee. Because the accused worked with youth as a referee, authorities are investigating any other potential victims.

Being arrested and charged with child molestation is one of the most serious crimes a person can face. Not only because of the serious nature and consequences of the crime, but also the effect that it has on a person’s life. Just the accusation alone can ruin a person’s reputation and damage relationships with family and friends.

An experienced criminal defense lawyer, with experience in sex crimes, should look at all possible motives for false accusations. Innocent people are falsely accused all the time, whether by mistake or on purpose. A false accusation could be the act of someone who is angry or vindictive against the accused and should not be discounted.

Fortunately, there are defenses to child molestation and effective strategies that an experienced criminal defense attorney can use to help clear their client of such a serious charge. Mistake in identity is not that uncommon, especially when young children are involved. Also, young children are easily influenced and convinced. In a situation where an adult may believe that something happened, that adult may question the child in such a way as to elicit an accusation. Also, in certain situations, a child will falsely accuse someone because they don’t want to say who the real perpetrator is.

Depending upon the specific accusations, a defense might be that there was no intent to cause sexual arousal or that the touching was accidental. These types of things can sometimes be exaggerated and blown out of proportion. These are the types of defenses that a criminal defense lawyer needs to aggressively pursue.

When someone is charged with this type of crime, there are so many details that must be addressed. When reviewing the police reports, witness statements and the statement of the victim, your lawyer should be looking for inconsistencies, errors and mistakes. Taking the prosecutions case apart, piece by piece, and investigating all aspects of the circumstances surrounding the initial accusation is extremely important and may result in a complete dismissal. Remember, often times there is no evidence and no witnesses and therefore, the prosecution is relying strictly on the testimony or statements of the accuser. As previously discussed, all facts surrounding the accusations need to be scrutinized to determine if the child has in any way been coerced or is for some reason, falsely accusing the defendant.

In situations where the evidence is overwhelmingly against the defendant, then it is the responsibility of the lawyer to do his best to present to the prosecution, or jury, the other side of that person. Let them know the good things about the defendant. Get character letters from friends, work associates, teachers or professors, anyone who knows the other side of the defendant. After presenting the defendant in the best light possible, a good defense lawyer should then fight aggressively to mitigate the amount of time the defendant will ultimately spend in prison.

If you or anyone you know has been arrested, or accused, of a sex crime, contact an aggressive criminal defense attorney in the County where the charges are pending and do not speak to anyone else, including the police, until speaking with an attorney first.

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A Santa Ana youth coach who was convicted of molesting three boys over a two year period of time faces possible life in prison. The youth coach was found guilty of nine counts of lewd acts with a minor, four counts of showing pornography to a minor and one count of attempted lewd acts on a child under 14, and possession of child pornography. This coach met the boys while coaching them on different sports teams. He would befriend their parents first and then gain favor with the boys by bringing them gifts. The youth coach admitted to molesting one victim but denied the others in an attempt to avoid a life sentence.

A conviction of multiple molestations carries sentencing enhancements which calls for a life sentence.

Child molestation defense requires a qualified Orange County Criminal Defense Attorney, experienced in sex crimes and familiar with the court in which the case will be heard. These cases often come down to who the judge or jury believes. An experienced Irvine Criminal Defense Attorney defending a person charged with child molestation will know when, and if, it becomes necessary to use psychologists, character witnesses or other tools to achieve the best outcome for his client.

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I’m beginning to wonder if there are really any young girls actually suckered into meeting an adult male through the internet anymore. All I read about are sting operations conducted by police agencies, like this one in Huntington Beach, California.

This is a typical scenario. The police begin by lurking around on chat rooms, trying to connect with a potential suspect, baiting him by leaking out false information about age, gender and willingness to meet. The male takes the bait and shows up to the rendezvous, only to be met by cops. According to national health statistics, over 100,000 reported sex abuse cases occurred in 2007.

Molestation is a very serious crime that will almost always come with prison time. If the molestation is with someone who is kidnapped, or moved from the original area of assault, the sentence will be dramatically increased due to their inability to fight back. Consent is never a defense. Frequently, these types of cases are prosecuted in federal court as well. Whether you live in Irvine, Mission Viejo or Fullerton, if you are charged with molestation, hire a qualified molestation child abuse defense attorney in Orange County right away.

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There can be little doubt that the defendant in this case is a confused and befuddled person. There is also little doubt that the act of killing your own child is one of the most hated and troubling acts by society. Child abuse is repugnant in our society and we find ourselves wondering what it takes to commit such a heinous act. Mental illness?Poor upbringing? Drugs and alcohol? Fatigue over time? Anyone who is a parent knows about frustration. But what if you don’t expect to have a child? What if you are scared and worried about the consequences? What if you think you’ll be cast aside by your family should they find out you had a child out of wedlock? These are the issues one considers in this case.

Yanira Valderrama is 20 years old. She may have drowned her child in the bathroom on purpose. She may assert a claim of insanity or intoxication. In any event, she’ll never be the same and the child will never grow up.

The District Attorney may seek death on this case. To qualify for the death penalty instead of just life in prison without the possibility of parole, special circumstances need to be present. Some special circumstances include felony murder, murdering a peace officer, prosecutor or judge or multiple murders, among others.

If you are convicted of murder with special circumstances, you will be on Death Row for years before being executed. If you are sentenced to murder without special circumstances, you will have to spend your life in prison. Whether you live in Santa Ana, Fullerton or Newport Beach, if you are charged with murder, call an experienced murder defense attorney right away to assist you.

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In 2006, Gideon Walter Omondi walked into a Fullerton police station and told officers that he drowned his son in a bath tub. Officers rushed to Omondi’s house and found the 4-year-old’s body lying on his father’s bed. He was in the middle of a bitter custody battle with his ex-wife and claimed he went crazy. Nine months prior to the murder, Omondi allegedly tried to kill his son by dousing his car with gasoline and putting himself and his son in the car. Police arrived before Omondi could light the car on fire.

Omondi was indicted on charges of murder and attempted murder for the two incidents. He pled not guilty and not guilty by reason of insanity. His trial starts this week and is expected to take about 15 days. If the jury finds him guilty, they have to then decide if he is insane. Most people may not know it, but pleading insane does not free you from criminal liability. Being found insane is a legal, not medical, term that means that a person should be locked up in a mental institution because they are a harm to themselves or others. The time they will be in the institution for is roughly the amount of time they would have to spend in prison if they were guilty.

Whether you live in Brea, San Juan Capistrano or Laguna Beach, if you are charged with murder, you will need an experienced criminal defense attorney right away to defend you in court.

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Besides just binding their kids hands and legs together for hours at a time, Kimberly and John Quebe also locked their children in their rooms for hours and verbally abused their children by calling them degrading names. In July of 2008, when the 15 year-old and the 11 year-old kids were at the pool, someone noticed marks on their arms and legs and called authorities. Kimberly and John were charged and pled guilty to two felony counts of false imprisonment, two counts of child abuse, and two counts of corporal injury on a child with great bodily injury. They are facing 12 years and 8 months in prison for their actions.

Child abuse can take several forms. Parents can neglect their children, physically abuse them, sexually abuse them or psychologically abuse them. Child abuse leads to developmental problems, depression, anxiety and acting out.

Whether you live in Anaheim, Huntington Beach or Santa Ana, alleged child abusers need an experienced attorney to assist them through the legal process.

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A week ago, the beaten body of a 6-year-old boy was found in his Los Angeles home. Dae’von Bailey was living with his mother’s ex-boyfriend, Marcas Fisher, who has an extensive criminal past. Bailey had reported being abused twice by Fisher in the months prior to his death. Social workers had come by the house to investigate, but no action was taken. Bailey had even told his teachers at school that he was being abused. He had tried to get attention and help from everyone he could, however no one helped him until it was too late. There is currently a murder arrest warrant out for Fisher, who police believe may have beaten the boy to death.

During the child abuse investigation, Fisher kept claiming that the injuries Bailey was complaining about were accidents he caused himself. If in fact Fisher did not cause these injuries, an experienced attorney needs to prove how these injuries were caused. Luckily for Fisher, he has a doctor on his side who said that the injuries did not look like child abuse. Also, social services came by the house twice but still allowed Bailey to stay with Fisher, which means that they did not find anything wrong. These are all key pieces of evidence that will help in Fisher’s defense.

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