California Criminal Lawyers Blog

In a strange prostitution case, a Los Angeles woman was recently arrested and charged with a Los Angeles sex case at a drive-thru window, the Los Angeles Times reports.

Los Angeles Criminal Defense Lawyer Vincent Howard is always amazed at the type of criminal news that comes out of this city. Despite years of experience handling hundreds of criminal cases, there is always something different.

According to the Los Angeles Times piece, the woman was charged with suspicion of prostitution after she allegedly began opening customers' vehicle doors in order to get them to give her food. Police say she is a common panhandler in the area of the Burbank restaurant.

One customer reportedly told police that the woman asked for Chicken McNuggets in exchange for sexual favors. The man told police he declined the offer.

Los Angeles Criminal Defense Attorney Vincent Howard believes that this case will come down to not only the witness statements, but perhaps the mental status of the defendant. Sadly, many people who are homeless are suffering from mental illnesses that have put them on the streets in the first place. For others, drug dependency is a common reason for their problems.

While drug use isn't a typical defense for crimes -- as courts have ruled that drugs can't be used as an excuse or defense of a crime -- mental capacity can be. In many cases, the mental competency of a defendant comes into play.

Mental competency deals with the defendant's ability to understand the criminal justice system, how it works, the possible penalties they may face if convicted as well as how the system works -- the roles of the judge, jury, prosecutor and defense attorney. For many people suffering from mental illnesses, they can't comprehend these things.

The job of an experienced Los Angeles criminal defense attorney, such as Vincent Howard, is to look not only into the facts of the case as presented by police, but also into the defendant. Often, there are factors that can make a real difference in the case. A bit of digging on behalf of the defense attorney can benefit the defendant.

This is especially necessary in Los Angeles sex cases because of the intense penalties involved. While prostitution charges are most often filed as a misdemeanor, sex crimes are a on a downward plane. This means that they sometimes can be charged as misdemeanors or upgraded to felonies.

Either way, some Los Angeles sex crimes can lead to registration as a sex offender, which can be disruptive for years or up to life, depending on the classification of the crime. Being a sex offender requires a person to always tell law enforcement where you're moving to or from and be put in an online database that is searchable by anyone in the world. It includes name, picture, address, identifying marks and even the charge the person was convicted of committing.

Continue reading "Los Angeles Woman Allegedly Offers Sex for Chicken McNuggets" »

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" »

Our San Clemente domestic violence criminal defense attorneys have followed with interest the ongoing fallout from domestic violence case in San Diego. Diana Gonzalez, a 19-year-old nursing student at San Diego's City College, was found beaten to death in a men's bathroom there, allegedly at the hands of her husband, Armando Perez. Perez had beaten, raped and imprisoned Gonzalez in an earlier incident, causing Gonzalez to file a criminal complaint and apply for a protective order against him. Perez was released from police custody just weeks before the murder, due to insufficient evidence. Gonzalez's family and friends, and anti-abuse activists, are upset with the county district attorney's office for its handling of the case and organized a protest march Dec. 9. Perhaps in response to the criticism, San Diego County DA Bonnie Dumanis co-authored an op-ed in the San Diego Union-Tribune Dec. 2 about warning signs of domestic violence.

Gonzalez was married to Perez, 37, in January of this year. They had a child who is now about a year old. Perez had been married before, with two children, but that marriage ended shortly after he was charged with domestic violence against his previous wife. Gonzalez had apparently reported at least 20 incidents of abuse during the couple's short marriage. However, they were already estranged when Perez apparently showed up in the parking lot at City College, kidnapped Gonzalez and imprisoned her in a motel for three days, where he beat, choked and repeatedly raped her. After that incident, she filed for and received a protective order and changed her phone number. Her family made efforts to escort her everywhere she went, but apparently Perez escaped notice when he found Gonzalez on campus and beat her to death. His car was later found abandoned in Tijuana. Protesters are upset that the prosecutor's office won't explain why Perez was not charged.

We understand the outpouring of grief and anger from Gonzalez's family, friends and community. However, as Manhattan Beach domestic violence criminal defense lawyers, we suspect there's more to it than people who aren't familiar with the law realize. In the op-ed, Dumanis and her co-author say prosecutors file charges in every case prosecutors believe they can prove beyond a reasonable doubt. This is the standard for every criminal case, and domestic violence defendants deserve the same protections afforded to everyone in our legal system. In some cases, the problem is a lack of witness testimony or evidence to corroborate the accuser's story, because much of the behavior that leads to accusations happens behind closed doors. In others, the accusers may even change their stories. Prosecutors can continue their cases even when this happens, but changing the story typically hurts the case against the accused.

Continue reading "Handling of San Diego Domestic Violence Case Spurs Protest Against Prosecutors" »

As Garden Grove domestic violence criminal defense attorneys, we were disappointed to see an article on serious domestic violence charges against an ex-policeman. James Roberts III, 34, pleaded not guilty Nov. 30 to 20 charges stemming from violence against the women in his life, according to the Huntington Beach Independent. Roberts was an officer with the Huntington Beach Police Department during the alleged assaults against his former wife and an alleged former mistress. He was arrested in September of 2009 and placed on administrative leave until he was fired in April of this year. He is accused of domestic battery, false imprisonment, criminal threats, vandalism, aggravated assault, rape, forcible sodomy and possibly more. If convicted on all counts, he could be sentenced to as many as 23 years in prison.

Neither woman is being identified due to the sexual assault charges. However, the newspaper reported on testimony by the ex-wife about the violence he allegedly committed against her in 2007 and 2008. After a confrontation over her texting other people became violent, she said, she fled to the guest room and tried to brace the door shut with her body. She said Roberts overpowered her, breaking the door down and knocking her onto the ground with his force, hurting her face. She then tried to run to their son's room, but couldn't get the door closed fast enough to keep Roberts out. She testified that he then grabbed her by the hair and raped her on the floor of the room. A defense attorney for Roberts also testified, saying a bruise on the woman's arm contradicted her previous testimony and that she had sent messages to Roberts suggesting she wanted to reestablish a relationship.

As Chino domestic violence criminal defense lawyers, we find that many people aren't aware that it's legally possible to rape your spouse. In fact, the California criminal code contains language specifically indicating that sexual assault against someone you are married to is still sexual assault and carries the same penalties. However, of course, the prosecution must still prove that the act was sexual assault, which may be why the criminal defense attorney for Roberts is introducing the messages between them into evidence. As with many domestic violence cases, much of the conduct described in the article likely happened without other witnesses, so defense lawyers must show consent or a romantic relationship through circumstantial evidence. The photograph of the bruise on the woman's arm may also help establish that her testimony is not trustworthy, if that testimony contradicts the physical evidence.

Continue reading "Former Officer Pleads Not Guilty to Domestic Violence Against Wife and Mistress" »

As Mission Viejo sex crimes criminal defense attorneys, we were interested to see an article showing how easy it is for a sex-related conviction to destroy a career. The Orange County Register reported Sept. 20 on the case of Mark Petrash, 42, who is facing two counts of misdemeanor indecent exposure. Petrash was accused of exposing himself to adult women in two separate incidents. He is currently on leave from his job as a music teacher at Serrano Intermediate School in Lake Forest. If convicted, Petrash would face a lifelong obligation to register as a sex offender, which would disqualify him from having a teacher credential in California. The indecent exposure convictions would also disqualify him. In addition to the professional consequences, Petrash would also face a maximum sentence of two years in jail.

The charges against Petrash stem from his son's visit to an orthodontist in August of 2009. The receptionist at the orthodontist's office alleges that Petrash pulled down his pants in the waiting room and exposed himself to her. More than a month later, on Oct. 1 of 2009, Petrash was arrested at the school where he worked. He pleaded not guilty and was released on $10,000 bail. After learning of the first charges, a female colleague from a different school in the district stepped forward to report that Petrash had exposed himself to her as well. She said that during a district-wide meeting, he followed her to the restroom, exposed himself and touched himself. Petrash's sex crimes defense attorney said the sex offender registration would be an overly severe penalty for someone who had received no complaints from his students. A spokesperson for the Orange County district attorney's office said sex offender registration is legally permitted for these charges.

Our Corona sex crimes criminal defense lawyers can see from the state code that the DA's office is correct -- but that is only half of the story. In the interest of justice, we believe prosecutors should also consider whether a penalty is fair and in proportion to the crime, not merely whether it is legally permitted. In this case, Petrash is accused of exposing himself to adult women. We don't think this behavior should be encouraged, but that doesn't mean it is worthy of the severe burden that is lifetime sex offender status. Petrash did not exploit children and his crime was not violent. Compare this to other crimes that trigger sex offender registration status, such as forcible rape and long-term child molestation. Some punishment may be appropriate for Petrash if prosecutors show that he is guilty, but sex offender status seems inappropriately harsh.

Continue reading "Teacher May Have to Register as Sex Offender if Convicted of Indecent Exposure" »

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 Riverside County sex crimes criminal defense lawyers, we were interested to see a recent report on a Los Angeles County sheriff's deputy accused of filing a false report on child molestation. The Orange County Register reported Aug. 31 that Patricia Margaret Bojorquez, 43, actually faces two charges in Orange County stemming from two separate off-duty incidents. In one, she is accused of calling Huntington Beach police to report that her ex-husband was molesting a 13-year-old girl, possibly their daughter. After police looked into this and determined it was false, they charged Bojorquez with filing a false police report. She also faces a count of discharging a firearm with gross negligence for firing a shot through the window of her Westminster home. No one was hurt, but the bullet went into the street where children were playing.

According to a press release reprinted by the OC Weekly, Bojorquez allegedly made up the molestation charges in November of 2009 because she was upset about child custody matters. The girl reportedly had not made any accusations. Later, in January of this year, Bojorquez is accused of firing her gun through a bedroom window and into the street with "a disregard for the safety of the children outside." Her brother and fiance were present and called the police. Bojorquez is already on probation for two separate drunk driving convictions stemming from 2009 and 2010. In one incident, she also pleaded guilty to child endangerment by a caretaker because her children were in the vehicle. In the other, a passer-by spotted her driving drunk and naked from the waist down in a parking lot. If convicted on the new counts, Bojorquez faces up to three years in state prison.

Our Seal Beach sex crimes criminal defense attorneys are disappointed when anyone files a false police report on a serious matter like child molestation. But it is especially disappointing to see when the false reporter is also an officer of the law. Sexual assault on a child is a heavily penalized crime that carries years in prison, lifelong sex offender registration status and permanent ineligibility for certain careers. If the ex-husband had been charged by hasty police officers, he could have had an uphill battle just to clear his name. The charge for firing the gun is not a sex charge, but it too shows poor judgment by someone who was sworn to uphold the law. The articles suggest that Bojorquez may have a drinking problem, and if so, we hope she gets help before someone is hurt. But if it is proven that she intentionally lied about her ex-husband, the court should ensure that she understands how serious the consequences could have been.

Continue reading "Los Angeles County Sheriffs Deputy Charged With Filing False Child Abuse Report" »

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 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" »