To
get a free consultation regarding a sex offense, please call our offices
for a free consultation at (626) 975-2080.
Being
falsely accused of a felony sex crime carries harsh consequences if
convicted. Penalties include a lengthy state prison commitment up to
life in state prison. In addition, these offenses require a life time
of registration as a sex offender.
Know Your
Rights
California
Penal Code section 288 governs the most frequently charged section governing
child molestation. Each count of California Penal Code section 288 carries
punishment up to state prison for three, six or eight years for lewd
or lascivious acts with a minor who is under the age of 14 years of
age.
Therefore
a client who is accused of seducing a minor before participating in
the alleged sex acts could actually be charged with one count of 288
for kissing, one count of 288 for fondling each part of the private
area and felony counts for each sex act.
If the allegation
against a family member, it is often alleged that this has occurred
over a period of time. It is not uncommon that prosecutors file 15 to
20 felony counts for conduct arising out of only a few alleged incidents.
Bail is generally set at $50,000. per felony count according to the
standard bail schedule. A defendant facing multiple counts could easily
be required to post bail in the amount of $1,000,000.00 or more.
Whenever,
a client is accused of participating in three or more acts of child
molestation with the same child over a period of time not less than
three months, that client is now exposed to greater punishment. Pursuant
to California Penal Code section 288.5, he now faces a state prison
commitment for a low term of 6 years, mid term of 12 years and a high
term of 16 years for each felony count. It is not uncommon for a prosecutor
to file multiple counts as well. Thus it quite possible that one convicted
of a dozen or more felony sex counts under this provision could easily
face over 100 years in state prison even though it involves only one
victim.
In January
2004, one El Monte man who was represented by an unknown lawyer was
sentenced to over 800 years in state prison by the Pomona Superior Court
for child molestation of his step daughter and other charges.
Offenses that require
mandatory registration as a sex offender
Under California
Penal Code section 290, life time registration as a sex offender is
required for the following: child molestation, rape, sodomy, lewd or
lascivious acts, oral copulation, sexual battery, indecent exposure,
annoying or molesting child under 18. Those convicted are required to
register with the chief of police of the city he or she is residing
on an annual basis. Any person convicted of a felony or juvenile adjudication
who willfully fails to register is guilty of a felony and shall serve
punishment by imprisonment in the state prison for 16 months, or two
or three years. However, because the underlying prior felony sex offense
is often a “strike’ this punishment is often enhanced to
either double the base term or 25 years to life if the person has two
or more prior strikes.
Many
sex offenses are strikes
Under the
three strikes law passed in California, many felony sex offenses are
listed as strikes and carry severe consequences.
Child
suggestibility
Police have
been trained to engage in manipulative interviewing techniques to get
statements they want. When interviewing minors, it has been shown that
repetitive and suggestive interviewing techniques will allow the police
to get a statement they want to hear. Unfortunately poor interviewing
techniques will not get reliable and trustworthy statements. Studies
have been shown that children can be influenced to say things that did
not occur. This can be done just in the manner a child is questioned.
Forensic
medical doctors
We have some
of the most reputable forensic medical consultants that review our medical
records to help determine whether the medical records are consistent
with the accusers claims. They have graduated from some of the top medical
schools in the nation and qualify as experts in the California Superior
Courts. By looking at the medical records, we can determine whether
there is any corroboration to the claims made against the client.
Motive
to falsely accuse the client
We have found
out through sound investigation, that many accusers have a motive to
lie.
Court
Victories
DISMISSED
Child Molestation
Client a 50 year old man from El Monte, California was falsely accused
of molesting his step daughter. He was facing 16 years in sate prison
as well as registering as a sex offender for life. Our experienced sex
crimes attorneys convinced the investigating police detective and the
filing deputy district attorney that the accuser has a ‘history
of fabricating stories.’ We submitted some very compelling evidence
that destroyed the accusers credibility. We got the case thrown out.
DISMISSED
Child Molestation
Client a 40 year old man from Downey, California was falsely accused
of molesting his step daughter. He was facing 24 years in state prison
as well as registering as a sex offender for life. We immediately intervened
and prepared an aggressive defense. Our experienced sex crimes attorneys
were able to get the case thrown out.
DISMISSED
Child Molestation
Client a high school teacher in the Long Beach Unified School District
was falsely accused of molesting several high school students. Prosecutors
filed 17 felony counts of child molestation. The case went to jury trial
and all 17 felony counts of child molestation were dismissed at jury
trial.
DISMISSED
Child Molestation
Client was accused of child molestation and was facing 11 felony counts.
All 11 felony child molestation charges were dismissed at jury trial.
DISMISSED
Rape, Sodomy & Oral Copulation
Client a college student was falsely accused of raping, sodomizing and
oral copulating a woman he went out with. He was facing 35 years in
state prison. Prior to trial, we won a series motion in limine rulings
including getting the clients coerced confession thrown out. We were
able to show that the accuser had an ulterior motive with a history
of violence and lies. The case went to jury trial. On the third day
of jury trial, all sex charges were dismissed. Client served zero days
in jail.
DISMISSED
Rape, Sodomy & Oral Copulation
Client was charged with rape, sodomy, and oral copulation. He was facing
24 years in state prison. We found out that the alleged victim had a
criminal history of two residential burglaries and two counts of attempted
rape. We subpoenaed his medical records and found that the alleged victim
suffered from “sexual delusions,” and had delusions of participating
in sexual orgies. The alleged victim also reportedly had sexual fetishes
about dressing up in womens clothing and for crawling under desks to
stare up a woman’s dress. After presenting this damning evidence
against the prosecutions star witness, all charged were dismissed and
the client was given his freedom after having wrongfully served 11 days
in custody.
DISMISSED
Sexual Battery
Client was accused of getting drunk in at an Orange County night club.
He reportedly grabbed the cheeks of a womans buttocks then followed
her out the club where he reportedly grabbed both of her breasts and
squeezed them. Client was looking at registering as a sex offender.
We were able to get the sexual battery charge dismissed.
DISMISSED
Sexual Battery
Client was driving his vehicle when he observed a woman on the street.
The woman reportedly gave him the bird. The client was accused of getting
out of his car, confronting the woman, biting her on the cheek, kissing
her on the lips, then grabbed her breasts. Client was looking at registering
as a sex offender. We were able to get that charge dismissed.
NO
JAIL
2nd offense Solicitation of Prostitution
Client was accused of committing his second offense for soliciting prostitution.
The penalty carried a mandatory minimum of 45 days in jail. The Law
Offices of Kita & Iriarte worked out a disposition to avoid any
jail time.
NO
JAIL
Child Molestation
Cleint was a 78 year old man who was accused of molesting his grand
child. The District Attorney wanted state prison on the case. He was
facing 16 years in state prison. We were able to convince the judge
to sentence the client to one year of house arrest.
What
Can I Do?
The first
thing to do is to consult with an experienced sex crimes attorney. We
has successfully represented hundreds of clients accused of committing
various sex crimes. Not only have we won a significant amount of high
profile sex cases, but we have also been successful in persuading courts
to consider jail alternatives for those who need help.
We
offer a free consultation that is confidential and protected by the
attorney client privilege.
