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The Sex Predator Next Door

In 1996, with the federal enactment of “Megan’s Law”, California began disseminating identifying information about sex offenders on CD-ROM on a monthly basis to all sheriff and police departments throughout the state. This information was made available to the public. Since then, the information available to the public has expanded to include information about individuals who have been convicted of a variety of sex crimes against both adults and children and is available to all via the Internet.

Since Megan’s Law was enacted, public awareness of sex offenders has increased and with that awareness has come more laws and restrictions on individuals convicted of sex crimes. In 2006, California voters enacted Proposition 83, known as “Jessica’s Law”, which placed mandatory residency restrictions on registered sex offenders. While it is certainly in the public’s interest to be protected from violent sexual predators, Jessica’s Law, which placed onerous restrictions on where a sex registrant can live, coupled with the readily available information to the public, created a class of homeless undesirables. The California Supreme Court noted that sex offenders registered as transient nearly tripled from 2,050 in 2007 (just after Jessica’s Law was passed) to 6,012 in 2011.[1]

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Facebook, Instagram, selfies—we live in an age of instantaneous electronic communication. The teens of today share the details of their lives via social media; they seem to spend much of their time snapping photos to share and conversing by text message. But some teens go beyond sharing the everyday details of their lives—they share the intimate details of their lives or the lives of others by engaging in what’s commonly called “sexting”. Sexting is the sending of a nude or revealing photo of oneself or of another person to someone via cell phone text messaging.

Certainly teen sexting is a cause for concern to parents and often ends up causing the teens involved a lot of embarrassment, but the consequences of teen sexting can be far worse than an angry parent and teenage embarrassment. While many states have laws that specifically address teen sexting, California does not. In the State of California, a teen who is caught sexting or, even simply possessing a sext message on his or her phone may face charges under the California sex offense statutes.

It is illegal in California to produce, possess or distribute “obscene matter[1]” of a child under the age of 18. (Pen. Code §311.1, 311.2 and 311.3). Violation of this law applies to any obscene image of a child, whether it’s a hard copy or an electronic image. When a text message depicts obscene images of a minor under the age of 18, the person who takes the photo, sends it as a text, or just simply possesses the text[2] can be prosecuted under the child pornography statute. The law applies to minors as well as adults.

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A California arrest warrant authorizes law enforcement to arrest and apprehend you if you are suspected of committing a crime outside of the presence of an officer.

Judges issue arrest warrants based upon the evidence presented to them by an officer or District Attorney. Also, an arrest warrant can be issued following a grand jury indictment. In order to be lawful, a California arrest warrant must include the name of the defendant, the accused crime, the time of issuance, the county of issuance, the signature and title of the judge, and lastly, the name of the court.

Once a warrant is issued it is important to know the repercussions that occur before an arrest is made. In California, if there is a warrant out for your arrest you may lose some freedoms in order to prevent your sudden exodus from the local authorities. From small misdemeanors to serious felonies, the law is consistent as to how a warrant’s prohibitive measures function. If there is any warrant issued in your name these are 3 things you need to know: Continue reading →

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What is Embezzlement?

Embezzlement is what is considered a “White Collar Crime” which occurs when someone steals property or money from another who has entrusted that person to manage or monitor his or her money or property. One element of the crime is that the defendant had legal access but not legal ownership for someone’s money or property.

When you combine the taking of money or property for one’s personal gain with the fact that the individual had been placed in a position of trust, this amounts to the crime of embezzlement.

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When a juvenile is arrested and charged with a crime, the effects can last a lifetime. Just being questioned by a police officer is intimidating; imagine being taken into custody as a child or teenager.

When a child, under the age of 18 years is facing serious charges, it can be devastating not only to the child but to the parent as well. One of the most important questions a parent can ask himself or herself is: How do I protect my child?

Teens are still not mature enough to stop, think and really consider how serious their actions are and what the consequences might be. Especially if they have never been in trouble with the law and have never had legal consequences. For this reason, it is extremely important to consult with an experienced attorney, who has experience in not only defending criminal charges, but who is experienced in defending juveniles.

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Possession Of A Controlled Substance Now A Misdemeanor

In California, possession or a controlled substance use to be a “wobbler” meaning that it could be filed as either a misdemeanor or a felony, depending on the type of drug and other circumstances surrounding the arrest and prior criminal history. However, since the passage of Proposition 47, possession of a controlled substance is now a misdemeanor and although not as serious as a felony, being convicted of a misdemeanor drug offense can carry serious, long-lasting consequences.

I have been practicing criminal defense law in Orange County for more than 20 years and have gained extensive knowledge in defending possession cases. Knowing how the district attorney and police agencies build their cases has given me a great advantage in defending my clients and minimizing the consequences if convicted.

One of the most important pieces to the defense of a possession case is the actions of the law enforcement officer who first came in contact with my client. It is my job to review all discovery, looking for mistakes, inaccuracies and even blatant disregard for the law, on the part of the officers involved. It is not uncommon for officers to violate the law when it comes to search and seizure and it is my job to identify when this has happened.

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Penal Code Section 243.4 defines sexual battery as follows:  Any person who touches an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, and if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual battery.  The law recognizes the difference between friendly touching, a friendly touch on the arm, a gentle touch on the back, and unwanted touching.  A friend, or even someone you have just met, may walk up and gently touch the arm of another as a friendly gesture.  But, anyone who touches another on an intimate part of their body, without their permission, is an assault.  The law describes “intimate part” as follows: anus, groin, sexual organ or buttocks of anyone and the breast of a female.  This type of touching is sexual in nature and therefore characterized as “sexual assault”, which is different than assault which is described as the unwanted touching of another.  The law further explains that the unwanted touching of another’s intimate part, under Penal Code Section 243.4, is done for the purpose of sexual gratification.

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Insurance fraud is any act committed with the intent to obtain a fraudulent outcome from an insurance process. This may occur when a claimant attempts to obtain some benefit or advantage to which they are not otherwise entitled, or when an insurer knowingly denies some benefit that is due.

The most common act of insurance fraud is when an insured individual or entity makes a false or exaggerated insurance claim, seeking compensation for injuries or losses that were not actually suffered. But it’s not just individuals committing fraud against insurance companies; insurance fraud is also committed against individuals. A couple of examples of this are: (1) the sale of unlicensed or bogus insurance to an individual and (2) an insurance broker or agent’s diversion or theft of insurance premiums paid by individuals.

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There is no functional difference between temporary and permanent insanity under California law. The sole issue in California is the status of the defendant’s sanity at the time of the crime. The method of determining a defendant’s sanity is the two pronged M’Naghten rule.

1) The first prong requires a defendant to understand the nature and quality of his or her act.

2) The second prong requires the defendant to be able to distinguish between right and wrong.

A defendant who cannot satisfy both of these prongs is statutorily insane.

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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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