California Criminal Lawyers Blog

A 35-year-old casting agent, who has played a roll in many large-scale Hollywood movie productions, was recently arrested on suspicion that he violated sex offender registry laws, according to the Hollywood Reporter.

There's no doubt that Orange County sex crimes are among the most discussed and hated crimes once they hit the news. These charges often are shocking and can lead to major sanctions, including years to decades in prison.

Orange County Criminal Defense Attorney Vincent Howard recognizes that these defendants do not garner a lot of sympathy in the community, but luckily these cases aren't tried in the media. Every defendant requires a solid defense when they get their day in court. No one deserves to get railroaded by the state simply based on the allegations.

This particular case shows that these crimes can follow a person for years or a lifetime, through the sex offender requirements laid out in California law. Jessica's Law went into effect in 2006 in California and that law requires sex offenders be tracked by law enforcement officials and prevents them from living within 2,000 feet of parks, schools and other places that children frequent.

The California Department of Corrections & Rehabilitation reports that there are nearly 92,000 sex offenders statewide, the most in the nation. Megan's Law, a 2004 work by lawmakers, deals with public access to sex offender information.

Combined, these two laws make it difficult for sex offenders to hide. In the registration system, they are tagged by name, photo, address, identifying marks and other information that gives them a virtual Scarlet Letter at all times. Anyone throughout the world can search for sex offenders. Based on the living requirements law, sex offenders -- even if the crime they were convicted of happened decades earlier -- are made to live a difficult life.

Unlike many crimes, where a person is convicted, serves their time and then is allowed to move on with life after their stint in prison is over, sex crimes can linger on for a long time. That's one reason to fight these charges aggressively.

In this case, the 35-year-old is now charged with failure to file a name change and change of address. Because of the way the law is written, someone who is forced to register as a sex offender must constantly stay in touch with law enforcement and must register when they make a change, including where they live. It's a constant inconvenience and as this case shows, it can lead to new criminal charges.

In this case, the Hollywood casting agent was working under a different name, but didn't list that in the Megan's Law sex offender registry, officials told the news media. The case was brought up after the Los Angeles Times detailed his work with children and adults after a 1996 molestation and abduction of an 8-year-old in Washington state when he was a 19-year-old college student.

He spent five years in prison and underwent sex offender counseling, the report states, and then moved to California in 2005. He registered in the sex offender database under his legal name, but began using a different name in movie circles. He faces up to three years in prison if convicted of the felony charge.

Continue reading "One-Time Sex Crime Can Lead to Years of Problems as Orange County Sex Offender" »

As Seal Beach sex crimes criminal defense attorneys, we were interested in a short item about a man who pleaded guilty to two misdemeanor sex crimes related to children. The Orange County Register reported Sept. 14 on Alejandro Lorenzo Contreras, 24, who was accused of "annoying" a child as well as possessing child pornography. Both of those charges are misdemeanors, and Contreras is expected to receive a year in jail as well as three years of probation when he is sentenced on the charges. However, because those charges are on the list of crimes that fall under Megan's Law, Contreras will also be required to register as a sex offender for the rest of his life, even if he stays in California. That is in doubt because officials suspect that he is in the United States illegally and are holding him in jail on an immigration hold, in lieu of bail. No sentencing date was reported.

According to the article, Contreras got into trouble July 13 in Stanton, when he approached a 12-year-old girl at the Stanton Public Library. He followed three girls inside the library, then asked the 12-year-old victim if she would take a picture of herself with her cell phone and send it to him. She did not, but chose instead to call the police on him. When they arrived, they found a pornographic picture of another minor on the phone. They also searched a home computer belonging to Contreras, but the article did not report whether they found anything illegal. Contreras pleaded guilty to the crime of annoying or molesting a child under 18 years as well as the crime of possessing obscene material depicting a minor. He may also face deportation and other penalties for an immigration crime if authorities confirm that he is in the country illegally.

The defendant's possible immigration status is bound to attract a lot of attention because it is a controversial subject. But our Cerritos sex crimes criminal defense lawyers would like to focus on the sex-related charges instead. We were interested in this crime because Contreras pleaded guilty to two misdemeanors, but will still have to register as a sex offender (at least for as long as he stays in the United States). This is in contrast to most of the crimes that are considered registrable offenses in California, which include very serious crimes like continuous sexual abuse of a child and rape by force or fear. Most registrable offenses in California are felonies, but as this case shows, some are misdemeanors that might be considered relatively minor, such as indecent exposure. We believe it's unfair to put that crime -- or, in some circumstances, "annoying" a child -- in the same category as violent rape and molestation crimes.

Continue reading "Man Obligated to Register as a Sex Offender After Pleading Guilty to Two Misdemeanors" »

As Anaheim sex crimes criminal defense attorneys, we watch the news for information on new penalties for sex offenders -- already some of the most heavily penalized people in the criminal justice system. For this reason, we were not surprised to see the news that "Chelsea's Law," or Assembly Bill 1844, was ready for the governor's signature Aug. 30. As the San Diego Union-Tribune reported that day, the law mandates tougher sentences for people accused of sexual violence against minors and improves testing and treatment. It is named in honor of 17-year-old Chelsea King of Poway, who was raped and murdered this year by John Albert Gardner. Gardner confessed to this crime as well as the rape and murder of 14-year-old Amber Dubois of Escondido. He had a previous conviction for sexual violence against a 13-year-old neighbor girl. He is currently serving two life sentences with no possibility of parole.

The Pasadena Star-News reported on the bill earlier, after it passed the state Senate. One main provision mandates a life sentence without the possibility of parole, under certain circumstances, for defendants found guilty of rape, spousal rape, sodomy, lewd and lascivious acts, continuous sexual abuse and oral copulation on a minor 14 or younger. To trigger the law, the offender would have to have a prior sex offense conviction or be guilty of committing the offense while committing a burglary, using a weapon or seriously injuring, tying up or drugging the victim. In addition, the bill would require lifetime parole for those sex offenders considered the worst; lengthen parole for other sex offenders; lengthen prison sentences for sex crimes against minors under 15 achieved by force or fear; bans certain sex offense parolees from entering parks; tracks more offenders with GPS technology; and implements a "containment model" for sex offenders.

The press coverage of this law typically notes that it was passed unanimously in the state Assembly and that the governor has indicated that he looks forward to signing it. But as Corona sex offense criminal defense lawyers, we would like to highlight some of the problems we see with it. While we certainly appreciate a more nuanced approach to deciding which offenders are safe to parole, we do not believe that nuance is in other areas of the bill. For example, the lifetime ban on entering parks restricts parolees' freedom without doing much to protect children, since study after study has shown that the vast majority of victims know and trust their molesters. And any "one strike" law runs the risk of sending someone to prison for life based on faulty evidence, especially if that person did not have the benefit of experienced legal representation. Punitive laws for sex offenders are understandable reactions to genuinely horrifying crimes -- but they give judges less and less flexibility to consider whether very harsh laws are truly just.

Continue reading "Governor Expected to Sign One Strike Law for Violent or Repeat Child Molesters" »

Our Orange sex crimes defense lawyers were interested to see an article about a temporary resolution to a local controversy with national coverage. According to a July 15 article from the Orange County Register, a group rehabilitation home for sex offenders in Anaheim has been disbanded, and its six residents have moved away. The home is run by the Holy Ground Christian Fellowship of Buena Park, and the homes' administrator, Betsy Mata has said she believes the offenders are committed to changing. But neighbors protested the home and another Holy Ground home elsewhere in Anaheim, saying they were afraid for their children's safety. The organization did not respond to calls asking why the offenders moved, but one protester said she noticed some of the offenders living about 10 miles away.

The controversy started when neighbors of the two homes learned that the church was renting them to serve as group homes for sex offenders in rehabilitation. Local parents were reportedly outraged by the existence of the homes and afraid for the safety of their children. The leader of the 60-member church, pastor Jose Mata, said the offenders are screened and closely monitored. They also wear GPS ankle bracelets. Mata noted that these homes were in the few areas where sex offenders may legally live, because of state law residency restrictions. The upset neighbors canceled a protest out of fear of the church's rough-looking neighborhood, but state Sen. Lou Correa held a community meeting on the subject and the Matas, who are husband and wife, appeared on television show Dr. Phil to talk about it. Linda Liptrap-Gutierrez, a neighbor who led the protests, said she noticed a car belonging to one of the offenders in a different neighborhood recently, and after confirming that three were living there, knocked on neighbors' doors to explain the situation.

In an older article on this controversy, Liptrap-Gutierrez is quoted saying that she realizes that the offenders need help, but that they shouldn't live in her neighborhood and "put[] the burden on us." As Placentia sex crimes criminal defense lawyers, we believe this comment epitomizes the problem with protests like hers: No one wants sex offenders in their backyard, even when there's no evidence of a problem. In fact, these sex offenders are among the most heavily monitored people released from the prison system, with GPS ankle bracelets, severe restrictions on where they may live and legal requirements to register with police. The supervision of the group homes added yet another layer of security against any child molestation they were planning. Furthermore, it's worth noting that the vast majority of sex crimes against children are committed by someone the child knows, frequently a family member, which means fear of strangers is somewhat overstated. And of course, you don't have to commit a crime against a child to end up on the sex offender list.

Meanwhile, residency requirements for sex offenders are so severe that some end up homeless. Ironically, this actually makes it harder for law enforcement to track the whereabouts of sex offenders, meaning children are less safe. Trying to pile on further restrictions might be an understandable reaction from scared parents, but it is counterproductive as well as an extremely harsh restriction on the freedom of people who have already served their time.

Continue reading "Religious Sex Offender Rehabilitation House Moves After Protests and TV Publicity" »

Our Brea sex crimes criminal defense lawyers were interested to read about a police shooting of a man suspected of child molestation. As the Orange County Register reported May 25, officers from the Anaheim and Brea police departments shot at Daniel Roy Smith after he tried to run away from them. The officers were serving an arrest warrant for Smith, who is accused of molesting two girls under the age of 14 in Orange County. Smith was at an apartment complex May 20 when he fled the officers, who chased him and shot him in front of a school in Laguna Niguel. After time in a hospital, Smith is being jailed in Santa Ana in lieu of $1 million bail.

Smith is charged with four felony counts stemming from alleged molestations in Orange County in 2001 and earlier this year. The victims were girls under 14 who he knew, officers said; he is not a random predator. However, this is not the first time Smith has been accused of inappropriate behavior with girls under 14. In fact, he was acquitted last year of similar charges in Los Angeles County, which stemmed from a 2008 incident. At that time, Smith was a traveling astronomy teacher who gave talks at schools. During a visit to a school in San Gabriel, Smith allegedly touched four girls under the age of 14 inappropriately. He was tried on three counts related to those incidents in 2009 and found not guilty by a jury. Three other charges were dismissed.

We know that some readers will immediately conclude that the Los Angeles jury made a mistake, since Smith was charged again. In fact, they might be right. But because we are Costa Mesa sex crimes criminal defense attorneys, we also believe it's possible that the jury did the right thing by acquitting Smith. Child molestation is a very serious charge, carrying three to eight years in prison for each act. That's in addition to a severe social stigma and lifelong obligation to register as a sex offender. Knowing this, many jurors could be careful to only convict if they believe the charge has been proven beyond a reasonable doubt. In Smith's case, the jury apparently didn't feel that confidence. The serious consequences of a child molestation conviction may also be why Smith felt the need to flee the arrest, giving the officers an excuse to open fire.

Continue reading "Police Officers Shoot Man Fleeing Arrest Warrant for Alleged Child Molestation" »

As Anaheim sex crimes defense attorneys, we were very interested to read about an apparent attempt to sweep a local sex offender encampment under the rug. The Los Angeles Times reported May 7 that the state Parole Department has moved an encampment of homeless sex offenders out of the block where the parole office is located in Anaheim. The 30 to 40 homeless, some of whom lived in cars or RVs, may have been homeless because of Jessica's Law, the California law that makes it a crime for a registered sex offender to live in certain areas. Anaheim police say they knew about the situation and were working with the homelessness aspect of the case, but didn't know about the Parole Department's decision to move the encampment until after it happened.

Sex offenders in California may not live within 2,000 feet of schools, parks and other sensitive areas. Failing to observe this rule can lead to more criminal charges. However, the residency restriction can severely limit where offenders can live in dense cities, which critics say forces offenders into homelessness. The article said more than a third of sex offenders in Orange County are homeless, and just under a fourth are homeless statewide. The homeless offenders in Anaheim also liked the block because it was next to the parole office, where they were required to meet with officers and permitted to use the electricity to charge their GPS monitoring ankle bracelets. The decision to move the offenders came after media inquiries and complaints from local businesses, the article said, although the Parole Department would not comment. Police said they refrained from citing the offenders for camping on the street because they were trying to work with Parole for a better permanent solution.

Our Yorba Linda sex crimes criminal defense lawyers are disappointed that police and parole officers tolerate a situation that causes unnecessary homelessness. Jessica's Law was intended to protect children by keeping an eye on the whereabouts of convicted sex offenders. By forcing them into homelessness with overly strict residency requirements, the law could actually make it harder for law enforcement to keep an eye on offenders. (This is especially true if the Parole Department doesn't share the relocation information with the local police.) Homelessness also makes it harder for sex offenders to get jobs, which in turn makes it harder for them to rejoin society and avoid recidivism. And of course, it's callous to offer offenders a choice between homelessness and exile from the places and people they know.

Continue reading "Authorities Move Encampment of Sex Offenders Made Homeless by Jessica's Law" »

As Buena Park Jessica's Law criminal defense attorneys, we were interested to see a piece about a registered sex offender in an interesting legal situation. According to a May 4 article in the Orange County Register, Eric Hinnenkamp, 45, is a registered sex offender who also owns a Fullerton home left to him by his parents. That home is so close to a park that he is forbidden from living there under Jessica's Law, which places restrictions on the residency of certain sex offenders. However, law enforcement does not believe Hinnenkamp can be barred from owning or visiting his property under the California Constitution. Neighbors upset that Hinnenkamp is still permitted to visit the property crowded into a meeting May 4 at the Fullerton Police Deapartment.

Hinnenkamp's sex offender status comes from a record of sex-related crimes that includes convictions for indecent exposure, sexual battery and child molestation. He also has a conviction for failure to register as a sex offender in 2000. According to a Fullerton police officer, Hinnenkamp must wear a GPS device, which means officers can track his movements consistently. He is registered as a resident of Huntington Beach. However, parole officers have permitted him to visit the Fullerton property from 10 a.m. to 2 p.m. on Mondays, Wednesdays and Fridays, which has triggered a backlash from the neighbors. Law enforcement authorities said "residency" is not well defined enough for them to keep Hinnenkamp away, and that Jessica's Law does not give a specific penalty for residency violations. One neighbor complained that authorities are not doing enough to keep Hinnenkamp away, and also that Hinnenkamp is not maintaining the property.

Our San Juan Capistrano Jessica's Law criminal defense lawyers had to laugh at this last complaint. Hinnenkamp would have considerably difficulty mowing the lawn if he is barred from his property at all times, as the neighbor appears to want. More seriously, however, this article illustrates how convoluted and overreaching sex offender laws can be. Critics claim residency restrictions don't work because offenders are unlikely to prey on children during the nighttime hours, when kids are at home with their parents. In fact, areas like South Florida are now easing those restrictions and adding "loitering" laws that forbid offenders from hanging around places like schools during times when children are there. It's also worth mentioning that very strict residency restrictions can push offenders into homelessness and keep them away from loved ones, both of which can negatively affect their efforts to build law-abiding, productive lives.

Continue reading "Neighbors Protest Sex Offender's Ownership of House Where He Cannot Legally Live" »

As Santa Ana sex crimes defense attorneys, we were surprised and pleased by a recent statement by the California state Sex Offender Management Board. The Contra Costa Times reported Feb. 16 that the board recommends major changes to Jessica's Law and other laws restricting the rights of sex offenders after release from prison. Board members said these laws force sex offenders into homelessness and cost a lot of money but don't seem to make citizens any safer. They also apologized for the agency's failure to find Philip Garrido, the convicted rapist who kidnapped 11-year-old Jaycee Dugard in 1991 and held her captive in Northern California for 18 years.

Jessica's Law bans convicted sex offenders from living within 2,000 feet of a school or another place where children gather regularly. Matthew Cate, the state's secretary of corrections and rehabilitation, said the law makes it nearly impossible to find legal housing in some areas. As a result, the number of homeless sex offenders has skyrocketed, from fewer than 100 before the law took effect to thousands today. Studies have shown that the instability of homelessness can actually increase the risk of re-offending. The agency recommended applying Jessica's Law only to the most serious offenders; routinely requiring treatment for sex offender parolees; taking low-risk offenders off the list after a set period; and combining GPS anklets with community supervision.

The article notes that politicians see a risk of being labeled "soft on crime" if they back a repeal of Jessica's Law. Our Long Beach sex crimes criminal defense lawyers agree that this is a risk, but we think that's a real shame. As the board members explained, residency restrictions for sex offenders can actually increase the risk of another crime by making it hard to find a home, a job and other basic tools of living a law-abiding life. Meanwhile, the rules strain the state budget, creating thousands of new parolees and expensive programs at a time when we can't afford to support failed programs. And while the board didn't make this argument, we believe sex offender registration laws violate the spirit of the law by imposing extra penalties on people who've already done their time. Even former murder convicts don't face the same legal restrictions and social stigma.

Continue reading "State Board Admits Sex Offender Restrictions Are Ineffective and Expensive" »