California Criminal Lawyers Blog

Our Pico Rivera sex crimes criminal defense lawyers were interested to see an article about a man charged with an unusual crime. The Orange County Register reported Aug. 17 that Michael Kevin Lallana, 31, is accused of depositing his semen in a female colleague's water bottle. The unnamed woman became suspicious after drinking plain water made her feel sick on two separate occasions, so she had the water tested. After the test showed that the water contained semen, she was able to connect it to Lallana's DNA. The Fullerton man was arrested Aug. 17 on two counts of releasing an offensive material in public, plus assault, all misdemeanors. Prosecutors also plan to include allegations that the crime was committed for sexual gratification, triggering a sentence enhancement. If convicted on all counts, Lallana could get three months to three years in prison, plus mandatory sex offender registration.

Lallana and the unnamed woman had worked together at a mortgage company since 2005, the article said. But it wasn't until Jan. 14 of this year that the woman noticed feeling "sickened and irritated" by her water, which she threw away. The article said Lallana had allegedly sneaked into her office and discharged his bodily fluids into the bottle that day. Later, on April 9 of this year, Lallana allegedly committed the same crime. This time, after the woman drank from it and felt sick, she sent the water to a private laboratory to be tested. The results from that test came back in June, confirming that the water contained semen. The woman called the Orange Police Department, and that department connected the semen to Lallana through DNA. A prosecutor told the newspaper that they believe Lallana did this for sexual gratification. Prosecutors had reportedly considered felony charges against Lallana, but could not find a felony charge that fit the circumstances.

That's one of the issues in this case that interest our Cypress sex crimes criminal defense attorneys. This is an unusual enough act that it's not surprising that no crime exactly fits it. We commend the prosecutors for accepting that, rather than using inappropriate felony charges. However, because we defend people accused of sex crimes, we'd also like to talk about the special allegations that Lallana did this for sexual gratification. Many people don't realize this, but if a jury agrees that any crime was committed for this purpose, the accused will face more penalties as well as an obligation to register as a sex offender. This is why Lallana could end up on the registration list, even though the charges against him are misdemeanors not on the list of offenses that automatically trigger sex offender status. However, a conviction on the assault and offensive material charges does not automatically mean he will be convicted of the special circumstance.

Continue reading "Fullerton Man Charged With Misdemeanors for Leaving Semen in Colleague's Beverage" »

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" »

As Fontana sex crimes criminal defense lawyers, we were interested to see an item from the OC Weekly about implied wrongdoing. According to a July 14 post to the Navelgazing blog, Amy Frye, a secretary at Orange High School, was put on administrative leave two months ago for allegedly fraternizing with students. The information comes from a police report obtained by the Weekly, but Frye is not facing criminal charges. Rather, an Orange police spokesman said, police are "unable to prove the occurrence of any illegal activity" on her part, despite allegations that she was sleeping with an 18-year-old student. Nonetheless, students told school administrators that Frye had hosted 4-5 parties for students, at which she provided alcohol at least once and allowed it at other times.

The Weekly says a student at Orange High School told a counselor about the parties, which also included games of beer pong. When administrators interviewed more students about the parties, those students said Frye had hosted parties with alcohol four to five times between February and May, with at least six students attending. On one of those occasions, Frye provided the alcohol; at other times, a student's older brother was the source of the alcohol. After the parties, students reportedly would pass out in her living room and spend the night, so they could drive home sober the next morning. Students also told the school that there were rumors that Frye was sleeping with a student, but that student denied it. The unnamed 18-year-old said he had only been in her bedroom to use her computer. The Weekly said the police report mentioned photos of Frye at a campfire with a student over spring break, but did not elaborate.

Our Yorba Linda sex crimes criminal defense attorneys are interested in the police statement that they couldn't prove any law was broken. Providing alcohol to a minor does not carry serious penalties, but it is a crime. She could also be charged with contributing to the delinquency of a minor, a misdemeanor that could carry up to a year of actual jail time. Of course, far more important to Frye is that she is not charged with any crimes related to sex with students, which could carry serious penalties. If she had sexual contact with a minor under 18, she could be charged with "unlawful sexual intercourse," which is California's statutory rape law. This is a "wobbler" that may be charged as a felony and also carries a fine of up to $10,000, depending on the age difference. The police department's choice not to charge her suggests that they can't prove any of this, including that she provided alcohol, which makes us wonder about the credibility of the information in the article.

Continue reading "High School Administrator Disciplined But Not Prosecuted for Beer Parties With Students " »

Our Santa Ana sex crimes criminal defense attorneys were interested to read that U.S. authorities have successfully extradited a man from Mexico to face serious criminal charges here. According to the Orange County Register, Daniel Morales was returned to Orange County this month after six years on the lam in Mexico. He is accused of attempting to rape an unnamed female relative and her child in Laguna Niguel in 2004. Mexican authorities found him in Mexicali, a city just over the border from Calexico in Imperial County east of San Diego. Morales is charged with attempted rape and attempted sodomy on the adult victim and attempted lewd acts on a child for the minor victim. He also faces charges of unlawful flight to avoid prosecution. His first court appearance is July 16.

According to the FBI, Morales broke into the victims' home in March of 2004. As the adult victim attempted to reach the phone to call authorities, Morales allegedly tried to sexually assault her. He then allegedly pulled the phone from the wall to prevent a call to police. He then attempted to rape and sodomize her, the FBI said. After this, Morales is accused of tying the adult victim up with bedclothes while he also attempted to rape and sodomize a minor living in the home. It's unclear how they escaped, but Morales allegedly fled to Mexico to avoid criminal prosecution, and authorities found him in Mexicali this month. He is currently in the Men's Central Jail in Santa Ana awaiting trial. If convicted, Morales faces decades in federal prison.

One aspect of this case that caught the attention of our Corona sex crimes criminal defense lawyers is that Morales is mainly accused of attempted crimes. Attempted crimes are crimes that the accused intended to commit and took a direct step to commit, but did not succeed in. The penalty for an attempted felony in California is generally half of what the penalty would be if the crime had been completed. This could mean serious prison time in the case against Morales -- up to 12 years for attempted felony lewd acts on a child, felony forcible sodomy and felony rape. Failing to complete the crime is not a defense in itself, although defendants may be able to convince a jury that they chose not to complete it. In addition, we think this case shows that fleeing to Mexico is not a good idea in criminal cases. Mexico will extradite almost any defendant to the U.S. and enjoys the same privileges here, and people extradited will find that they now face an additional charge for fleeing.

Continue reading "Man Extradited to Orange County on Charges of Attempted Rape and Child Rape" »

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" »

Our Corona sex crimes criminal defense attorneys were interested to see a recent article about the resurrection of a rape charge that was once dismissed. The Orange County Register reported May 5 that David Jeffrey McKee has lost a bid to dismiss the second rape charge against him. McKee is accused of sexually assaulting a woman he met at a bar in Newport Beach while she was asleep. He had previously been charge with the rape of someone too drunk to consent, but that charge was dismissed by a previous judge concerned about inconsistent statements made by the woman. The new case accuses McKee only of raping someone who was not conscious.

McKee, 26, is a goaltender for the Allen Americans, a minor league hockey team. He was visiting a Newport Beach bar in 2006 when he met the woman, identified here as Jane Doe. He was among a group of people who went to Doe's home after leaving the bar. Prosecutors allege that sometime that night, McKee sneaked into Doe's room and raped her as she slept. Doe has testified that the incident "felt like I was having a sex dream" and that she didn't know it was real. McKee's attorney argued that the charge should be dismissed because Doe was clearly aware of the incident and conscious. The prosecutor in the case says Doe was asleep when the incident began, which is enough for the charge. The judge ruled in the prosecutor's favor, saying he didn't see consent in the situation.

As Garden Grove sex crimes criminal defense lawyers, we believe this is another illustration that prosecutions for sex crimes depend largely on the credibility of the people involved. The only people involved in the act were Doe and McKee, and now they have different accounts of what happened. One of them must be telling less than the truth, and that means credibility will play a key role in the outcome of the trial, along with circumstantial evidence. California state law makes it illegal to perform sexual intercourse with anyone who is unconscious or asleep, and Doe's testimony shows that she wasn't entirely unconscious during the entire act. The question for jurors to answer is whether they believe she was unconscious when the act began, and ultimately, they will have to decide whether to believe her or McKee on that issue.

Continue reading "Minor League Hockey Player Will Stand Trial for Alleged Rape of Unconscious Woman" »

A recent item about a minor sex crime caught the attention of our Redondo Beach sex crimes defense attorneys. The Orange County Register reported April 16 that Orange police arrested a man caught touching himself in the parking lot of a Stater Bros. grocery store. Responding to a phone call reporting a man masturbating inside a parked truck, police found Rick O. Gertonson, 54, performing that act. He was cited for lewd conduct in a public place and released to wait for a May 25 trial. This may have been Gertonson's second arrest for the crime, the Register said, because records show that someone with the same name was charged with lewd conduct in public in 2006.

Lewd conduct in public is a type of disorderly conduct charged against anyone "who engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view," or solicits someone else to do so. It is charged against people engaging in sex acts in public, including in a place exposed to public view, like a private car. Lewd conduct in public is a misdemeanor, which means it's punishable by up to a year in county jail, a fine of up to $1,000 or both. For nonviolent crimes like this one, courts will typically arrange some alternative sentencing that keeps offenders out of jail. That was the case with the 2006 conviction, in which the defendant was sentenced to 10 days of community service and two years of probation. If Gertonson is the same person, he may face steeper penalties this time because it's a second offense.

This is not the most serious sex crime we see as Laguna Hills sex offense criminal defense lawyers, and by itself, it does not qualify the defendant for sex offender registration. (That would change if the defendant is also convicted of indecent exposure, which is often charged with lewd conduct in public.) However, that doesn't mean it's fun for the accused. For one thing, an arrest for lewd conduct in public can be extremely embarrassing and may cause trouble at the defendant's workplace. A conviction can mean jail, probation, work release, community service, addiction counseling, a restraining order or even testing for STDs. A second or subsequent charge makes jail and other more severe penalties much more likely. If you're accused of this crime or another minor sex crime, it can have real effects on your life. You should call an experienced sex crimes defense attorney right away.

Continue reading "Man Arrested for Second Time for Lewd Behavior in Grocery Store Parking Lot" »

Our Fountain Valley rape criminal defense attorneys were disappointed to see that two law enforcement officers have been charged with the kidnap and rape of a woman from a mall parking lot. The OC Weekly reported April 7 that Anthony Nicolas Orban, a Westminster police detective, is facing four counts of various types of sexual assault, as well as charges of kidnapping and making criminal threats. Jeffrey Thomas Jelinek, a correctional officer at the Chino Institution for Men, is charged with being an accessory after the fact as well as rape and kidnapping. Jelinek is not accused of the actual rape, but a spokeswoman for the San Bernardino County district attorney's office said he was charged because he helped Orban, the actual alleged rapist. Both defendants are on paid leave from their jobs.

According to the weekly, the woman was approached by two men as she walked to her car. One of them pulled a gun, got into her passenger seat and ordered her to drive away, while the other stayed behind. At the direction of the gunman, the victim drove to a commercial area of Fontana, where the gunman ordered her to park and take off her clothes. He then raped her at gunpoint. After two hours, she managed to get away and call 911 from a local business. The attacker fled, but left the gun behind. Ontario police say that Orban called Jelinek around the same time, asking for a ride home from Fontana. Orban then called his wife to say he had lost his service revolver. The wife called Ontario police to report the gun missing. Fontana police officers investigating the rape traced the gun back to Orban. Ontario police believe this may not be the men's first crime, and asked anyone with information to call them at (909) 395-2908.

We'd like to discuss the rape and accessory charges against Jelinek. Under California's Penal Code, all persons who directly commit a crime or "aid and abet" in it are principals in the crime. Someone who "harbors, conceals or aids" a principal in a crime after it was committed is an accessory to the crime. The distinction between the two is vital because principals can be charged with the crime even when they merely aided and abetted in it. For Jelinek, that means he faces a sentence of 25 years to life on the rape charge and up to 8 years for kidnapping. By contrast, an accessory is usually penalized by up to a year of incarceration, a fine of up to $5,000 or both. If we were Jelinek's Rancho Cucamonga sex crimes defense lawyers,we might focus some effort on showing that he was an accessory more than a principal, which would make him ineligible for the harsher sentences.

Continue reading "Police Detective and Corrections Officer Charged With Rape of Ontario Woman" »

Earlier in this decade, the Gregory Haidl rape case was a major news story in Southern California. The case concerned three young men who were charged with the gang rape of an unconscious 16-year-old girl at Haidl's house in Corona del Mar. Greg Haidl, Keith Spann and Kyle Nachreiner made a videotape of the incident, which they showed to friends and eventually lost. When it surfaced, it became the basis for their prosecution. Our Santa Ana sex crimes defense attorneys followed the case in part because Haidl was the son of Don Haidl, an assistant Orange County sheriff, sparking allegations of favoritism. All three eventually convicted and sentenced to six years in prison. They have served their time, but appealed after release, the Orange County Register reported March 30, possibly because their convictions meant they would be registered as sex offenders for the rest of their lives. That appeal was rejected by the Fourth District Court of Appeal March 30.

The young men's appeal argued that the trial judge should have allowed last-minute evidence destroying the victim's credibility. They wanted to include testimony from Joey Cervantes, who said he'd had a similar consensual sexual encounter with the girl two weeks earlier, as well as evidence that she had been convicted of methamphetamine possession. The Court of Appeal rejected this argument for several reasons. Justice Richard Aronson wrote that the evidence was properly excluded and did not harm the young men's defense. They were still able to introduce evidence about her promiscuity, he wrote. Even so, whether she consented was not the issue, Aronson said, given that she was legally unable to consent because she was intoxicated and unconscious. Finally, the opinion noted that the videotape removes some questions of credibility, because it provides objective evidence that the girl was unable to exercise reasonable judgment at the time.

Our Ontario sex crimes criminal defense lawyers think this case is a fine reminder that for sex crimes, you're not done doing time even after you do your time. California sex offenders must register with the police immediately on release from prison or a hospital, then every year on their birthdays, every 90 days or every 30 days, depending on other circumstances. When they move or change their names, they must tell the local police within five days. Anyone with an Internet connection will be able to find the names of 75% of the offenders on the Megan's Law Web site, along with information about their locations. These requirements last a lifetime in most cases, and failing to meet any of them is a crime. It's not surprising that Haidl, Spann and Nachreiner might try whatever arguments they had to avoid sex offender status.

Continue reading "Defendants in Gregory Haidl Gang Rape Case Lose Appeal to Stay Off Sex Offender List" »

The states of Illinois and New York have passed laws barring registered sex offenders from using social networking sites, sparking an outcry from civil libertarians. So our Los Angeles sex crimes defense attorneys were disappointed to see that the state of California is considering following suit, according to a March 2 article from the San Francisco Chronicle. The bill introduced last month by Assemblywoman Norma Torres makes it a crime for registered sex offenders to use any social networking site. It was sponsored by San Francisco District Attorney Kamala Harris, who is running for state Attorney General. A similar bill from Santa Clara's state Sen. George Runner was introduced in the state Senate.

The bill from Torres defines a social networking site as any site that allows users to build networks or connect with other people, and that "provides means for users to connect over the Internet." It's not clear how people who break the law would be penalized. In fact, the article noted that the law relies to some extent on sex offenders to remove themselves from the sites out of fear of prosecution. An attorney for Facebook and another attorney general candidate, Chris Kelly, noted that it's hard for social networking sites to track down offenders without a requirement like New York's, which goes further than the proposed legislation by requiring sex offenders to provide their email addresses and online handles. Torres cited the recent case of a 12-year-old girl who was sexually assaulted by a 33-year-old man she met on MySpace.

We absolutely agree that winning the trust of young Internet users and then raping them is illegal and unacceptable and should be punished. However, as Fallbrook sex crimes criminal defense lawyers, we don't believe this proposed law would be either effective or constitutional if passed. The law relies mainly on sex offenders to self-police, which is generally not successful in any area of criminal law. (There are also statistics showing that this is a solution looking for a problem; only a tiny fraction of child sexual assaults are by people the victim met online.) Perhaps more importantly, this law may be unconstitutional, because it unreasonably restricts individuals' rights without a rational goal or evidence of another crime. Former sex offenders may not be popular, but the Bill of Rights still applies to them. And a restriction on using the Internet, especially if interpreted broadly, could hurt the ex-offenders' efforts to get jobs and live law-abiding lives.

Continue reading "California Legislature Considers Ban on Sex Offenders in Social Networking Sites" »

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" »