For those people who are charged with California Penal Code 647.6 PC child molestation, they're facing prison time and a lifetime of sex registration.
The critical thing is to start your course in defending yourself in the right direction, and that requires sitting down with a seasoned criminal defense attorney who has handled the type of case you're facing and been successful.
The key is to figure out how to defend the case – whether it's going to be a defense that involves:
- fighting the case,
- taking the case to a jury trial,
- doing a preliminary hearing, or
- filing the necessary motions to make sure you get the best result.
In assessing this, we will look at the strength of the evidence against you. How we do that is we get the jury instructions for the crime that you're charged with, and we compare that against what evidence the prosecutors are going to be able to bring to bear against you. Then we'll have an idea of whether they will succeed.
Many people get confused when I start talking about jury trials from the beginning, but to assess whether you want to fight a child molestation case, you will want to know whether or not you can win the fight.
Preparing a Mitigation Package
If it's determined that you can't win because the prosecutors have the evidence to convict you, you won't fight the case. We're going to take a different path with mitigation that's designed to:
- show the prosecutor your version of events,
- what you have on the line,
- your life,
- your career,
- your family,
- your future.
All of these things are important, and that's done through character letters and your attorney putting together a mitigation package for the prosecutors to assess.
Once we do that, and I've met with the prosecutors and the supervisor and have an idea of (1) what you face; and (2) what they're willing to offer, then we can sit down and have a good conversation about the best way to handle your particular case.
Assessing the Crucial Factors
These cases are severe. They involve children. The prosecutors will be assessing several different factors, including:
- the age of the child,
- your age,
- the age differential between the two of you,
- the facts and circumstances surrounding the case,
- whether or not you are a danger to the community.
If they give you a resolution that keeps you out of custody, will they place you in a position to commit more crimes?
This is evaluated by looking at your criminal record, by doing what's called a static 99 report, where they look to see if you would be a recidivist and know whether you would get involved with something like this again.
Also, a 288.1 report can be done, which looks at whether you are a danger to the community; gives a treatment plan for you related to helping you not become involved in this type of activity again.
So, if you need the best, pick up the phone. Let me help you travel the path I've traveled many times before. Ask for a meeting with Ron Hedding. I stand at the ready.
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