Amending California’s Lifetime Sex Offender Registry: Assembly Bill 702 (AB702)

Amending California’s Lifetime Sex Offender Registry: Assembly Bill 702 (AB702) In February, Chairman of the California Assembly Public Safety Committee, Assemblymember Tom Ammiano (Democrat, 17th District – San Francisco County), introduced Assembly Bill 702. AB 702 would have amended California’s Sex Offender Registration Act (SORA), which is currently a lifetime requirement for anyone required to register as a sex offender pursuant to Penal Code sections 290 and 290.006. This bill…

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Can an Illegal Immigrant Practice Law in California?

Can an Illegal Immigrant Practice Law in California? Sergio Garcia came to the United States when he was just 17 months old. He became a California resident permanently when he was 17 years old. He has been on a waiting list for almost 19 years to obtain a green card, which he was originally approved for because his father had one. Garcia was told the process to get his green…

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Breaking Bad Outage Sparks Controversy over Misuse of 911 – California Penal Code Section 148.3

Breaking Bad Outage Sparks Controversy over Misuse of 911 – California Penal Code Section 148.3 When you catch a meth kingpin in the act, it might be a good time to call 911. But when that meth-making drug mogul is really just Walter White in an episode of the popular television series "Breaking Bad," it is not necessary to call the emergency number. And when you can’t watch the latest…

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DNA Testing Evidence Allowed if Identity is a Critical Issue – PC Section 1405

DNA Testing Evidence Allowed if Identity is a Critical Issue – PC Section 1405 Recently, the California Court of Appeals ruled that DNA testing evidence left at the crime scene by a defendant may be performed if the perpetrator’s identity is a critical issue and there is a “reasonable probability” the verdict would be more favorable had the DNA testing been performed. Jointer v. Superior Court and DNA Testing Evidence…

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I Am Being Accused of Lewd Acts in Public – PC 647(a)

I Am Being Accused of Lewd Acts in Public – PC 647(a) Penal Code 647(a) aims to punish an individual who: “Solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view.” This means that it is illegal to commit “deviant” conduct in public, or to ask another person to do…

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I Was Arrested For Sexual Assault In Newport Beach (PC 243.4)

If you are convicted for sexual assault in Newport Beach under California Penal Code section 243.4, the court will require you to register as a sex offender under California Penal Code section 290. Registering as a sex offender would change your life profoundly. To avoid this life-changing consequence, it is crucial that you hire an experienced Newport Beach Wallin & Klarich Sexual Assault Defense Attorney to represent you in your…

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I Am Falsely Accused of Sexual Assault in San Bernardino – PC 243.4

Under California Penal Code section 243.4, it is illegal to touch an intimate part of another person against his or her will for the purpose of sexual arousal, sexual gratification or sexual abuse. If you are being falsely accused of sexual assault in San Bernardino, there are a number of defenses available that could result in a dismissal of your charge. Here are some successful defenses that your San Bernardino…

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Punishment For Gross Vehicular Manslaughter in Orange County (PC 191.5)

Punishment For Gross Vehicular Manslaughter in Orange County (PC 191.5) Under California Penal Code section 191.5, gross vehicular manslaughter  is the unlawful killing of a human being resulting from driving while intoxicated without premeditation or malice aforethought. This crime is always charged as a felony and the punishment is severe. If you or a loved one is facing allegations of gross vehicular manslaughter in Orange County it is imperative that…

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Can I Record a Conversation With Another Person Without Their Consent in California? (PC 632)

Can I Record a Conversation With Another Person Without Their Consent in California? (PC 632) The answer is NO in most circumstances. Under Penal Code Section 632, enacted under the California Invasion of Privacy Act, makes it illegal for an individual to monitor or record a "confidential communication" whether the communication is carried on among the parties in the presence of one another or by means of a telegraph, telephone,…

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Wallin & Klarich Can Help Get Your Name Removed From The Megan’s Law Website (CPC 290.46)

Wallin & Klarich Can Help Get Your Name Removed From The Megan’s Law Website (CPC 290.46) California Penal Code Section 290.46, known as Megan’s Law, requires the California Department of Justice to maintain an internet website that posts information about California registered sex offenders. This website allows the public to easily access information about you if you are a registered sex offender including your name, home address, the sex crime…

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