Arrested After an Online Sting? A California Court Just Reversed a Conviction Based on Mistake of Age Being accused of an online sex offense involving a minor can feel overwhelming and frightening—especially when law enforcement claims the case is “open and shut.” But a critical California appellate decision, People v. Ismaiel, proves that what you […]
Even in the Most Serious Sex Crime Cases, the Law Still Controls When someone is convicted of a serious sex crime — especially one involving a child — it’s natural to assume the courts will impose the harshest penalties available. But even in these emotionally charged cases, California law sets clear limits, and courts must […]
Understanding Consent Laws: A Legal Defense Guide to California Penal Code 261 When facing criminal charges in California, understanding the complexities of consent laws can mean the difference between a strong defense and a conviction. Penal Code 261 establishes strict guidelines around consent in sexual encounters, but interpreting and applying these laws requires deep legal […]
California's AB 218 and the Extended Window for Suing Schools In recent years, California Assembly Bill 218 (AB 218) has significantly altered the landscape for those accused of historic molestation and abuse cases. This new legislation, primarily focused on enabling survivors to seek justice long after the incidents occurred, presents unique challenges and implications for […]
Defending Against Rape Charges | PC 261 If you or someone you know is facing criminal charges in the state of California, it's important to understand the laws that govern the crimes. One such law is California Penal Code 261 (PC 261), which deals with sexual assault. Choosing Wallin & Klarich to represent your case […]
I Have To Register As A Sex Offender. What Is The Punishment If I Do Not Register? If you were convicted of a sex-related offense, your punishment will likely not end with a sentence of jail or prison time. In California, along with your prison terms and fines, the Sex Offender Registration Act requires you […]
Don’t let the District Attorneys unlawful tricks cause you or a loved one to be wrongfully convicted Criminal trials require fundamental fairness and that only exists when Prosecutors follow the rules requiring them to turn over evidence that is favorable to the defense. This is known as the Brady rule and is foundational to a […]
Reporting a Crime May Make You Immune to Prostitution Charges SB 233 Grants Immunity from Arrest A new law in 2020 gives immunity to persons who commit a crime but report a much more serious crime, and also removes the possession of a condom as evidence of specific crimes related to sex work. SB 233 […]
Your Constitutional Right to Confront Your Accuser in Court State legislatures and prosecution lobbyists frequently find ways to have laws enacted that erode valuable constitutional rights. Not least among these rights is the Sixth Amendment's right to confront your accusers in open court. Minor in Court In California, current law (Penal Code § 1347) allows […]
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