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Similar Sex Crimes with Common Theme

This is happening more and more in sex crime cases in Los Angeles. The prosecutors will file what typically would be a weak case against somebody, but then they'll bring in a bunch of other instances that are not charged that occurred before or after the charges pending in criminal court.

They'll try to get those in against a defendant, and then you have a lot of defendants who are upset saying, wait a minute, I was never charged with those, or those were the wrong cases.

They'll even bring in prior convictions against you, and people don't like that, but there's an Evidence Code Section 1101 and several other Code sections that come right after that talk about when prosecutors can bring in other sex acts.

If the person accused of a particular crime has committed similar crimes with the same common plan or scheme, that would certainly be relevant to show this is not an accident. This is not a mistake.

This is what this guy/woman does, and they intend to commit an illegal sex act versus whatever the defense is in the case where the person is saying, I thought they consented to it or whatever they're trying to say.

They're bringing in these other evil acts to refute that, and what comes next if the judge decides, I see what you're trying to do, prosecutors – I'm going to let you do this. The following evaluation by the judge under Evidence Code Section 1101 and Code Section 352 is they're going to do a want now to say if we let this in, is it fair to this defendant?

Is it prejudicial to this defendant? It's always prejudicial to the defendant. The question is, how prejudicial and how close are the other cases? So, the judge has to do this weigh-in on these sex crime matters in Los Angeles and decide whether or not they're going to let in these other cases – whether the other cases are cases that haven't been filed.

They're just going to call a witness and say, this is what the guy did to me, and then the defense attorney will say, wait a minute, were any charges ever filed? No. They don't care. They're still going to bring it in, and they can even bring in other convictions that the person has that relate to these arguments that it's a standard plan and scheme.

California Evidence Code Section 1101

There's a whole bunch to provide identity, to prove motive. There's a complete list under Evidence Code Section 1101 to bring these other cases against the person. So, if you're charged with a sex crime, and they're trying to bring in a bunch of different topics.

I have people come in – I've been doing this twenty-five years – we talk about it, we see what's going to be attempted to be gotten in, and then I try to file a motion to block it from coming in. Some might come in; some might not come in.

Ultimately, it will be up to the judge to do this 352 wants to see how prejudicial versus probative the evidence is. In other words, how relative is it versus how bad it's going to make the other person look?

What they can't bring in is evidence of the evil character of the other person, and of course, this is precisely what this is. It's showing that the person has a bad feeling and they're doing bad things, so they're going to ram it under this Evidence Code Section 1101. Under California Evidence Code 1108, in sex crimes cases, prosecutors are allowed to introduce evidence in court that a defendant committed other sexual-related crimes in the past.

What are the Chances of Jail If Charged with a Sex Crime?

This is a big question on people's minds because they're very concerned that if they do go to jail or prison related to a sex offense and the other inmates find out what they're charged with, they could be in danger.  

Certainly, nobody wants to go to jail regardless of that safety concern.  So, when evaluating whether jail or prison is likely, we start by looking at the charge.  If the charge is a misdemeanor, you are likely not to go to jail.  If, on the other hand, you're charged with a felony or even a strike offense, your probability of going to jail increases tenfold.  

For those people who are charged with violent felonies related to sex crimes, the prosecutors and judges are going to want to send them to jail or even prison for a lengthy period.  Other factors that will be considered in making this determination are:

  • the person's prior criminal record, 
  • the number of victims, and
  • the victim's age.

These are all critical factors if somebody sits in a position of trust. If they allegedly perpetrate a sex crime against the victim, then that will be a significant factor in whether that person is facing jail or prison time.

One of the most significant cases where I see that people are facing many years in prison is when they go into the home of the alleged victim and commit a sex offense.  This triggers a potential burglary with the person present during an attempt to commit certain serious felony sex crimes, and that person could be facing life in prison.

So, the more severe the conduct, the worse the person's criminal record, and the more likely that individual will face many problems.  So, what you want to do to put yourself in the best position to stay out of jail is, first and foremost, to get an attorney who has experience so that the attorney can do whatever is necessary to defend you properly, which could include the following:

  • negotiating the best position for you,
  • taking the case to trial,
  • filing a motion to try to take away some of the prosecution's evidence.

These are all potential things an excellent criminal defense attorney can do to help put you in the best possible position. I have you come in, and we sit down and review your entire case and start to see if any investigation can be done now.  We know what type of mitigating things we can do – whether or not any experts might be helpful to us in dealing with the case.

So, if you have one of these cases, we can start making strategic decisions on exactly how we're going to defend you in your sex-related offense in Los Angeles County. A free initial consultation is your best step for more information against sex crime charges.

Get the information and legal answers you seek by calling (213) 542-0979 today. Our California sex crime defense lawyers handle any type of sexual-related charges, including those below

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