Has the New Prosecutor's Policies Helped People Charged with Sex Crimes?
The simple answer to this is, no. He has not done anything. I haven't seen one thing that would help anybody who is charged with a sex crime.
In fact, prosecutors who deal with these crimes are probably busier than ever and prosecuting them all the time and they are showing no mercy.
So, don't be fooled about what you're hearing on the news. There's nothing that I've seen that indicates that anybody charged with a sex crime is going to get any break by the Los Angeles District Attorney's office.
There's a lot to be concerned about when it comes to sex crimes, such as registering as a sex offender, going to prison, being in danger when you're taken into custody.
Because the police a lot of times will reveal the fact that you have committed a sex offense, your reputation is besmirched.
It makes it very difficult to get a job in the future. There's a whole host of problems that come along with a sex crime.
But don't look to the new Los Angeles DA for any help. You're going to have to look to yourself. You're going to have to look to lawyers like me.
Our California sex crime defense attorneys will review more closely below.
News Laws for Sex Offender Registration
The sex offender registry rules have changed under California Senate Bill 384, which took effect on January 1, 2021. It created a new three-tiered approach to sex offender registration.
Under the old law, a defendant who was convicted of specific sexual-related crimes was required to register as sex offender for life pursuant to California Penal Code 290 PC.
It was widely agreed by activists and police this system was inefficient and did not serve the initial purposes of the sex offender registry because police spent a significant amount of time monitoring low-risk offenders.
New Three-Tiered Sex Registration System
The state of California passed Senate Bill 384 on a bi-partisan basis which created a three-tiered approach based on the offense and other relevant factors.
- Tier one requires registration for at least ten years a defendant convicted of low level sex crimes, such as a misdemeanor offense.
- Tier two requires registration for at least twenty years for those who were convicted of mid-level sex crimes, such as lewd conduct with a minor.
- Tier three requires lifetime sex offender registration defendants who were convicted of the most serious sex offenses, such as rape.
SB 384 further provides a mechanism for defendants in tiers one and two where they can petition the court for removal from the sex offender registry after a certain amount of time and if specific requirements are met. Let's review some examples below.
Tier One Sex Registration
- Penal Code 243.4 PC – misdemeanor sexual battery,
- Penal Code 311.11 PC - misdemeanor possession of child pornography,
- Penal Code 647.6 PC – first offense of annoying or molesting a child,
Tier Two Sex Registration
- Penal Code 288 PC – lewd acts with minor under 14,
- Penal Code 288.3 PC – contact minor to commit a felony,
- Penal Code 286 PC – sodomy with a minor under 14,
Tier Three Registration
- Penal Code 261 PC – most forms of rape,
- Penal Code 288.5 PC – continuous sexual assault of a child,
- Penal Code 288.7 PC – sexual assault on a child under 10,
- Penal Code 236.1 PC – sex trafficking of children,
Tier three sex registration further applies to defendants who are sentenced to life in prison, deemed a habitual sex offender under Penal Code 667.71 PC, and those whose Static-99 scores places them at well above average risk for being a danger to society.
Reduction or Removal from Sex Offender Registry
Senate Bill 384 also gives convicted defendants an opportunity to reduce their registration time or even get removed from the sex offender registry.
Under new Penal Code 290.5 PC, any person required to register as a tier one or a tier two offense can petition the court starting in July 2020 to be removed from the registry.
In order to be eligible, they must have first completed at least the minimum mandated period of registration.
Law enforcement is required to provide a report to the prosecutor within 60 days about their recommendation on the petition, who in turn also has 60 days to object to the petition if they believe public safety would be secured by continued registration.
If the court decides to deny the petition, they must set a period in for when the petitioner could re-apply for termination from the registry, which has to be at least one year after the failed attempt, but not more than 5 years.
First Strategy Meeting
What I have you do is come in and we sit down and go over your case. The first I want to do is understand your case and understand you.
Because a lot of times the police do a one-sided investigation in these sex crime cases, so the whole story is not put out there.
So, I need to hear from you, the whole story, what's going on and how this transpired and what we're going to do to fix this problem for you.
Once all of the details are laid out for me, the next thing we're going to do is decide whether or not we're going to fight the case or decide whether or not we're going to try to negotiate the case.
Once we have that decision made, that will help us figure out what moves to make, what we're going to do, what type of a plan we're going to execute.
Criminal Defense for California Sex Offenses
What you're going to have to do is create your own break. You're going to have to hire an attorney like me who's been doing this nearly three decades.
So, if you're looking for the best for your sex crime case and you want to start being pro-active, defending yourself, even if it's at the investigation phase, pick up the phone.
Make the call. Take the first step towards handling your case and getting yourself out of the criminal justice system.
Ask for a meeting with Ron Hedding. We'll talk about:
- defenses to sex crime cases;
- your strategy;
- whether it makes sense to go to trial;
- whether it makes sense to negotiate the case and what we can do to negotiate the case.
Make the call now. Ask for a meeting with Ron Hedding. I stand at the ready to help you. Hedding Law Firm is based in Los Angeles County and we offer a free case evaluation.