Sex Crimes Defense Attorney In California

Frequently Asked Questions

Will I Have To Register as a Sex Offender?

Arguably this is the most critical concern for a person charged with a sex crime. If a person pleads to an offense that requires sex registration, they will typically have to register with their local police department on their birthday for the rest of their life. 

Also, their picture and information will likely be placed on the Megan's Law website. The rationale behind this is the protection of the public. Authorities want to know where people commit crimes that can potentially affect the community. Several other significant ramifications flow from the conviction of a sex offense that should be discussed at a face-to-face meeting with your attorney. 

In defending these types of cases over the last 20+ years, this is one of the most brutal negotiating points with the prosecutor. They almost always want the client to register as a sex offender, and it is tough to convince them or the judge not to require a charge that requires sex registration. However, several strategies can be employed by a seasoned criminal attorney that knows the court system to attempt to avoid this requirement.

What Type Of Crime Will I Have To Plead To?

Many people do not realize that it is a crime that a person pleads guilty to that dictates whether or not they have to register as a sex offender. The prosecutors will look at several important factors when deciding what they believe a criminal defendant should plead guilty to and the appropriate charges in a criminal case.

A person's conduct can trigger several possible crimes that they can be charged with. It is up to that person's attorney to figure out what the conduct triggers and what can be done to mitigate the situation down to a crime that will be the least damaging to that person's reputation and record.

Will I Have To Go To Jail Or Prison?

The prosecutor and judge weigh several essential factors in deciding whether they believe a person charged with a sex crime should go to jail or even prison.

They will look at the person's conduct in the present offense, criminal record, and background. Indeed, the type of life a person is leading is an indicator as to whether they will be a repeat offender or not. Their job, family situation, and character will all come into play. It is up to their attorney to make the appropriate arguments and mount a defense that portrays their client in the most favorable light.

How Do Prosecutors And Judges View Sex Crimes?

This is an important question because how a person views a particular crime or issue will influence their decisions related to the outcome of a case. In my 20 plus years of defending sex crimes in Los Angeles, it is clear to me that the key concern on both the prosecutor and judge's mind is, “If I go too easy on this case, will it come back to haunt me in the future?”

They, therefore, are very cautious about what they do and the position they take regarding the resolution of a sex crime case. Because of the political nature of these types of cases, when it comes right down to it, I have seen many judges and prosecutors make irrational choices related to how they deal with a sex case, simply because they did not want to put themselves in a position to be blamed for a person charged with a sex crime going free.

Of course, this is highly unfair to a person charged with such a severe offense, but this is the reality attendant with a sex crime case.

With the harsh reality and political landscape that go hand and hand with a sex crime, your attorney must have experience with both sex crime defense and the particular jurisdiction your case is pending. A great attorney in an arena they are not familiar with will not be nearly as effective as a skilled and local attorney to the courthouse.

How Does A Defense Attorney Handle A Sex Crime In A Jury Trial?

There is a stigma attached to anyone charged with a sex crime, even if they are innocent! When I do jury trials, one of the critical things I have to deal with is that the jury already thinks my client is guilty before the case starts, just because they are charged with such a severe crime.

I constantly confront these types of issues head-on and ask the jurors if any of them believes that my client is guilty just because he is here in court and being charged, regardless of whether they have heard any of the evidence yet. I would say that almost 100% of the time, people raise their hands and say they think they are guilty.

Instead of being angry that the jury is judging my client before they hear any evidence, I take this built-in prejudice and use it to my client's advantage. At that point, I have the opportunity to educate them on how the system works and the fact that my client is presumed innocent in the eyes of the law. I take it a step further and let them know that they must listen to all the evidence before making any decisions.

This allows me to find out who we do not want on the jury and to make it crystal clear to the jury that if they were on trial or one of their loved ones, they would not want anyone on the jury that did not follow the law and bias before the case starts.

I also remind them that people are found not guilty all of the time. And that people are wrongly accused of crimes every day. Last, I let them know that in America, we have the best system in the world, but that it does not work if the jurors do not follow the rules and make the prosecutor prove their case before jumping to the conclusion that someone is guilty without hearing all of the evidence.

Do Alleged Victim's Lie To Law Enforcement About A Sex Crime Case?

Having litigated sex crimes for over two decades, I can tell you without a doubt that people lie to the police every day about alleged sex crimes. I see numerous reasons that will spawn a lie about a sex case.

Just a few examples are – there is a divorce case pending or a custody battle, and one side is trying to gain a tactical advantage over another, the alleged victim feels wronged by something the other party did or said (which would typically not be illegal) and they embellish what happens when they go to the police.

One of the most significant single factors I see that causes an inaccurate or exaggerated story is when alcohol or drugs are involved. I have spoken to law enforcement officers on many occasions who have confirmed that in investigating a particular case, they have come across evidence that establishes that they are being lied to. The list of reasons that I have seen that people lie is endless.

The thing that gets me is how the person just completely ignores the fact that they are placing a massive stigma around an innocent person's neck that is extremely difficult to get off! In my opinion, this is unforgivable and must be guarded against at all costs. That is why it is so important to do your homework and make sure that you get the right attorney to represent you for your case.

How Is Bail Handled In A Los Angeles Sex Crime Case?

Over the past twenty-five years of dealing with sex crime cases in Los Angeles County, I have noticed that in recent years the prosecutor's and judges' mentalities and policies regarding these cases have become more and more extreme.

Recently judges are setting unheard-of bails for people charged with sex crimes. The legislature and appellant courts have given them free rein to stack bails based on the number of charges filed. Sex crimes are one of the few areas of criminal defense where this is permitted. Further, I see clients post bail and then appearing for their arraignment, and the prosecutors request the judge raise the bail higher.

Your best defense in a sex crime is to find a defense attorney that has been around the block and knows who to talk to and what to say to get you the result you need to save your reputation, freedom, and career.

When you come and sit down with me for a face-to-face consultation, I will educate you on what factors the judge will look at regarding setting bail. We will discuss what you will need before the hearing to give you the best chance of not going back into custody.

We will also assess whether your best strategy is to fight the case all the way or negotiate the case to a resolution that considers your life and the essential things that you stand to lose with this type of charge/conviction hanging over your head. Clarity on how to proceed and what you can do to help yourself is a phone call away!