Sex Offense Articles

Articles Related to Being Arrested for a Sex Offense

• What is Rape?
• What is Statutory Rape?
• What is Meeting a Child for Lewd Purposes (Penal Code § 288.4)?
• What is Indecent Exposure (Penal Code § 314)
• What are the Defenses to Possession of Child Pornography (Penal Code § 311)?
• Insufficient Affidavit for Warrant Does Not Mean Search is Always Invalid
• How is Bail Set?
• Co-Owner of Computer Can Validly Consent to Search of Computer that Incriminated Other Owner of Child Pornography Charges
• Beware: Living With a Prostitute Can Be Illegal and Land You in Prison
• Appeals Court Affirms LAPD Officer’s Conviction for Solicitation of Prostitution (Penal Code § 647(b))
• What Is Annoying or Molesting a Child Under 18 (PC § 647.6)?
• What Is Molestation of Child under 18 (Penal Code § 647.6)?
• What Is Loitering to Commit Prostitution, Penal Code 653.22?
  

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Articles Related to Being in Court on a Sex Offense Charge

• What Should I Wear and Bring to Court?
  
• Why Hire Private Counsel? Why Shouldn't I Just Use the Public Defender?
  
• What is an Arraignment?
• Is a Statute of Limitations Flexible? A Recent Sexual Abuse Case Says it is
• Is it Proper for the Prosecutor to Charge Me With More than What Police Arrested Me for?
• Which County Will Prosecute Me if I Committed a Crime in Two Different Counties?
• What is the Difference Between a Misdemeanor and a Felony?
  
• What is Misdemeanor Pre-Trial Hearing?
• What is a Felony Preliminary Hearing Setting Conference?
  
• What is a Preliminary Hearing?
• What is A STATIC-99 Report?
• Did the Prosecution Violate Your Sixth Amendment Right to a Speedy Trial?
• An Admission is Inadmissible if After an Illegal Search as the Fruit of a Poisonous Tree
  
• Fifth Amendment Rights Violated When DA Points to Silence as Evidence of Guilt
• Sixth Amendment Not Violated in Rape Case When Expert Introduces Hearsay that Supports Conviction
• Man Who Impersonates Female’s Boyfriend While Having Sex is Improperly Convicted of Rape
• Unruly Defendant Removed from Courtroom is Not Entitled to Have Audio or Video Feed to Hear or See Continued Testimony in Trial
• Sex Crime- Defendant Has Right at Trial to Present Evidence of Alleged Victim’s Prior False Sexual Assault Claims
• Court May Exclude Molestation Victim’s Sexual History if Not Similar to Molestation Being Prosecuted
• Confrontation Clause of Sixth Amendment Not Violated When DNA Evidence is Admitted
• When a Pitchess Motion is Granted, the Judge Must Review the Police Officer’s Confidential Personnel Records Rather Than Delegate such Review to Another Person
• Can a Person Be Convicted of Contacting a Minor for Purposes of Committing Sexual Penetration (Penal Code § 288.3 (a)) if the Minor is 2,000 miles Away?
• What is a Pretext Call in a Sex Offense Case?
• Is it Legal for the Prosecution to Comment upon My Sexual Orientation?
• Defendant’s Admission of Committing Sexual Abuse of Stepdaughter, Stated to Psychotherapist, is Not Protected from Disclosure by Psychotherapist-Patient Privilege.
• If Child Witness Refuses to Testify, 6th Amendment Violated?
• Sexually Violent Predator (SVP) Trial Verdict Reversed
  

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Articles Related to Sentencing for a Sex Offense

• A “No Contest” Plea to New Criminal Charges Can Constitute a Probation Violation
• What is Summary Probation?
• Conviction Overturned for Lewd Acts upon a Child
• Pandering Conviction Upheld When “Victim” is Already a Prostitute
• Prison Sentence? It May Be Served in County Jail Under a New California Law
• Orange County’s Standard Sex Offender Probation Conditions, Imposed in Hundreds of Cases Since 2003, are Unconstitutional
• California Federal Court Errs in Imposing Residency Restriction on Man Who Has Illegal Sex Overseas
• Judge May Prohibit Medical Marijuana Use as a Term of Probation
• What is Private Jail?
• Consecutive Sentences, Not Concurrent Sentences, Upheld in Forcible Sex Case
• Plea Bargaining by the Judge is Illegal – Not an Indicated Sentence
• What is Split Sentencing?
• Sentencing Alternatives for Military Veterans Under Penal Code § 1170.9
• Conviction Reversed for District Attorney Withholding Evidence
• Assembly Bill 327 (AB 327) – The Fix for Unfairness in California’s Three Strikes Law
• Enhanced Sentence Upheld on Appeal for Sex Crime Defendant Who Already was a Penal Code § 290 Registrant
• Thirty Years to Life Sentence for Juvenile Sex Crime Defendant Not Cruel and Unusual Punishment
• Standard Probation Conditions Authorizing Police to Conduct Warrantless Searches, With or Without Probable Cause, Upheld on Appeal When Police Find Felon on Probation With Shotgun
• Defendant Does Not Have to Pay Restitution When Probation Terminated and Cases Dismissed
• What Punishment Do I Face for Public Urination?
• What Punishment Do I Face for a Charge of Prostitution?
• What Punishment Do I Face for Making Annoying Phone Calls or Texts (Penal Code § 653m(a) or (b))?
• What is Diversion, Delayed Entry of Plea and Deferred Entry of Judgement?
• Expungement of an Infraction?
• Under New Three Strikes Law, Man is Ineligible for Resentencing for His Spousal Rape Conviction
• Expungement is Available for Attempted Sex Offense Under Penal Code § 288 When Defendant Successfully Completes Probation
• Probation Condition Vacated for Sex Offender that He May Not Date Anyone With Custody of a Minor Without Prior Approval of the Probation Officer
• Restitution Award of $3.4 Million Vacated Against Possessor of Child Pornography
• Judge May Properly Restrict Sex Offender’s Internet Use Because Defendant Failed to Object to this at Trial
• Rape Conviction Overturned Because Judge Mistakenly Allowed Kidnapping Victim to Testify About Uncharged Act
• Is Expungement Worth It?
• How Do I Have My Arrest Record Sealed and Destroyed?
• Can I Withdraw My Plea Based on Ineffective Assistance of Counsel?
• Ten Years Not Seven, the Required Waiting Period for One Requesting a Certificate of Rehabilitation for Charge of Annoying a Child (Penal Code § 647.6(a)(1))
• Court Upholds Law Requiring Sexually Violent Predator to Report Whereabouts at Local Police Station Every 90 Days
• What Convictions Require Registration as a Sex Offender under Penal Code § 290?
• What is a Sexually Violent Predator (SVP)?
• Can One Be Convicted of Two Counts of Rape for a Single Act, i.e. Rape of an Intoxicated Person and Rape an Unconscious Person?
• Police Fail to Notify 290 Registrant of Duty to Re-Register
• Beware of the Civil Consequences of a DUI or Sex Case
• Teen Avoids Strike under One Strike Law in Sex Crime
• Convictions for Pimping & Pandering With Character Evidence
• Can a Judge Require Polygraph Tests for Sex Offenders?
• Does Life Without Parole Possibility Violate 8th Amendment?
• Restitution Proper in Sex Offense Case for Mental Suffering
• Is Negligently Late-Filed Petition to Commit an SVP Barred?
• May a Judge Commit One As an SVP Before His Sentence Ends?
• Can a Judge Condition Probation on a Fifth Amendment Waiver?
  

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Articles Related to Registering as a Sex Offender

• How Do I Have My Name Removed from the Megan’s Law Internet Listing?
• State May Require Person, upon Release from Prison, to Register as a Sex Offender even if Original Sentence Did Not Require
• Conviction Related to Sexting Properly Required Sex Offender Registration
• Lifetime Requirement to Register as Sex Offender Not Eliminated When Felony Conviction Reduced to Misdemeanor
• Why the Megan’s Law Website Information Should Be for Police Use Only
• Appellate Court Denies Equal Protection Challenge of Lifetime Sex Offender Registration Requirement for Possession of Child Pornography
• Judge Makes Mistake in Sex Offender Registration After Sentencing for Felony Child Endangerment
• Court Decides California Sex Offender Law is Unconstitutional by Barring Those Convicted of Misconduct With Persons under 14 from Relief from PC 290 Registration
• When Convicted Sex Offender Violates Terms of His Initial Release from Prison, Court May Impose Lifetime of Supervised Release
• Irvine’s Ordinance Barring Sex offenders from Entering Parks Without Permission is Unconstitutional and Violates California Law
• Are Lie Detector Tests a Valid Probation Condition for a Sex Offender?
• Certificate of Rehabilitation in CA for Michigan Sex Crime?
  

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