There are times when a person is wrongly accused and is convicted of sex crimes such as indecent exposure or sexual battery. Convicts of sex crimes are also required to undergo sex offender registration. This puts a negative note on an innocent person’s reputation. That is why it’s necessary to contact a sex crime defense attorney who can help you defend yourself.

Sex crimes

These are offenses wherein a person engages in sexual activities that include violence, without consent from the other party, or with someone who cannot legally give consent. Some of the acts considered as sex crimes are:

• Prostitution. The act of giving out sexual favors for money. Prostituting others for your gain may also fall under this category. (Note: Prostitution as a form of sex work is currently being debated around the world. Some jurisdictions upon writing still consider prostitution as a crime.)

• Child molestation and pornography. Refers to indecent interactions with a child or possession of physical or digital materials depicting children engaging in sexual activities.

• Sexual assault. It’s the act of engaging in sexual activities without the consent of the other party.

• Public indecency. Includes nudity, exposure of private parts, and engaging in sexual acts publicly.

Sex offender registry

In California, the law requires all convicted of sex crimes to register as sex offenders. This should be done every year within five days of your birthdate. You should also register within five days after moving to a new place. In addition, certain provisions of Jessica’s law apply to California. Some of these provisions are:

• GPS monitoring of sex offenders for life
• Increased penalties and fees imposed by the court
• Extension of parole
• Expansion of the scope of some sex crimes.

Aside from the unfortunate consequences to your reputation, some restrictions may be imposed on sex offenders on a case-to-case basis like the prohibition of living near schools or parks. The people also have the right to know if offenders are living within their neighborhood.

Senate Bill 384

The recently passed Senate Bill 384 now supersedes the California law where sexual offenders must register yearly. The bill introduces a three-tiered system and the severity of the crime determines what tier you belong to and what is the minimum number of years you should register. Below are the tiers and some of the crimes it covers. Do take note that the crimes listed below are non-exhaustive.

• Tier one. This tier requires people convicted of sex crimes to register as sex offenders for a minimum of ten years. Crimes such as indecent exposure (PC 314), child pornography (as misdemeanor; PC 311.1), sexual battery (as misdemeanor; PC 243.4), sodomy (as a misdemeanor and in some felony cases; PC 286), etc. are included in this tier.
• Tier two. This requires sexual offenders in this tier to be registered as such for a minimum of twenty years. Some of the crimes included in this tier are engaging in incestuous acts (PC 285), committing lewd acts with a minor aged below 14 (PC 288), sodomy when the victim is incapable of giving consent, or a minor aged below 14 (PC 286), etc.
• Tier three. The highest tier where sexual offenders must register for life. Crimes included in this tier are murder or attempted murder during a forced sexual act (PC 187), kidnapping or attempted kidnapping during a forced sexual act (PC 207 and PC 209), rape (PC 261), forced sodomy (PC 286), etc.

You must personally report and register your address with the law enforcement agency within five days after your sentence, release from custody, or discharge from the hospital (whichever is the earliest of the three). Once registered, you are required to register yearly within five days of your birth date. The California Department of Justice (DOJ) will continuously track your compliance in reporting and registering.

Certain circumstances will require you to register within a specific timeframe aside from your birth date.

• Moving residences. You must report personally to the police within five days of moving to your new address or address. If moving outside California, the state you are moving into may require you to register according to their laws. If you are from outside California but go to the state for work or education purposes, you must report to the law enforcement agency that has jurisdiction over your workplace or school.

• Sexual violent predators. Defined as someone who was convicted due to a violent sexual offense and is diagnosed with a mental disorder. People who are deemed as such must report and update their status with their local law enforcement agency every 90 days.

• Changing names. You are required to report your new name within five days of the change.

Megan’s Law

Information about registered sex offenders will be tracked by the DOJ and made available on their Megan’s Law website. It will display your name, photo, the crime you committed, and any identifying feature or information (height, eye color, aliases, scars, etc.). Other information such as address will appear depending on the nature of the sex crime and your criminal history. The following are some of the cases in which the address are displayed:

• Murdering while committing or attempting rape or other forced sexual act (PC 187)
• Committing rape by fear or by force (PC 261)
• Committing specified acts of oral copulation (PC 287)
• Committing specified acts of sodomy (PC 286)
• If the person is deemed as a sexually violent predator

Removal from the sex offender database

Depending on the severity of the crime, there are multiple ways for you to be cleared from your status as a sexual offender. Here are some of those methods:

• Rehabilitation Certificate. You may apply for this after seven years after your release from custody or probation provided that your case has been expunged, you have not committed any crimes that caused you to go under probation or be incarcerated, and you have been a resident of California for at least five years.
• Expungement. Completing your probation and exhibiting good behavior can remove your conviction from your criminal record. However, annual registration as a sex offender is still a must. Expungement does not apply to certain sex crimes.
• Governor’s pardon. Given to those who have observed good behavior for a certain amount of years after custody or probation.
• Petition for Tier one and Tier two offenders. Tier one offenders may submit a petition after ten years and tier two offenders may submit theirs after twenty years.

However, do note that if you are proven to be non-compliant to the law and failed in registering as a sex offender, your chances of having your petition or application for any of the above methods will be affected. In addition, a warrant of arrest may be issued against you.

Ready to prove your innocence? The Law Offices of Marc Grossman are ready to fight for you. Contact our California sex crime defense lawyer for a free confidential consultation.

The criminal statute of limitations is a period set by California state law regarding the time-limit for the prosecution to sue and the time-period when suspects can be charged with a crime. Generally, the statute of limitations is longer for violent crimes. Criminal laws typically consider expected penalties and sentencing to determine time limitation for crimes not specifically listed in the criminal statutes of limitation:

• Six years for felonies punishable by at least eight years in prison;
• Three  years for felonies and crimes that result in imprisonment; and
• One year for misdemeanors.

Certain crimes will have no limitation for when a case can be filed. If you need help determining the applicable statute of limitations for a criminal case, contact a local criminal defense attorney as soon as possible.

Purpose of Time Limits

Once the period of limitation is passed, lawsuits can no longer be filed for that crime. This is an element of criminal law that’s meant to keep the criminal justice system fair and protect the defendants from the consequences of delayed hearings and prosecution. For example, if you were accused of a crime that happened years ago, you may have lost receipts, paperwork, or other documents that will help your defense and prove your innocence.

While prosecutors still have to prove to court beyond a reasonable doubt that you committed the crime you were being charged for, it would be prejudicial against the defendant to have limited defense or no way of countering the claims of a prosecutor in a criminal case due to evidence being lost with time.

California Statute of Limitations

The statute of limitations for various criminal offenses according toCalifornia Penal Code 799(PC 799)  are listed in the table below. The limitations period for wobbler offenses (crimes which can be charged as either a felony or a misdemeanor) depends on which type the prosecution charges the criminal offense as. Check your state laws or speak with a criminal defense lawyer to learn about the limitations applicable for crimes not listed here.

Statute of Limitations	Crimes & Offenses
10 years	Felony sex offenses against a child
	Failure to register as a sex offender
6 years	Felony charges punishable by imprisonment for 8 years or more
5 years	Elder abuse
	Crimes against dependent adults
	Domestic-violence and bodily injury to spouse or cohabitant
4 years	Felony fraud
	Embezzlement or theft against elderly or dependent adults
	Misconduct by public officials
3 years	Felony offenses
2 years	Sexual crimes against a patient by a physician or therapist
1 year	Misdemeanors
No Statute of Limitations	Aggravated sexual assault of a child
	Crimes punishable by death or life sentences
	Embezzlement of Public Money
	First-degree murder, homicide, and manslaughter
	Rape involving force or violence

Starting and Tolling the Clock

The statutory period doesn’t begin until the crime occurs or is discovered. California’s discovery rule for determining the start of the statutory period is especially helpful if the victim may be too scared to report the offense (as in cases of sex-abuse or sex-crime), or was unable to immediately recognize the offense (as in child sexual abuse cases).

The statute may also be tolled or paused under certain circumstances. For example, if the perpetrator goes into hiding or out of the state’s jurisdiction, the statute tolls until they reenter the state. This prevents intentional hiding or fleeing of criminals to wait out the clock and avoid legal action against crimes they could have been charged with.

Besides, certain limitations may be tolled or eliminated since the circumstances around the crime qualify as exceptions to the rule on statutory limitations.

• Rape cases involving minors that require DNA evidence may toll or eliminate the statutory period.
• Childhood sexual abuse or sex-crimes against a minor will have a statute of limitations until the victim turns 28.

Getting a Defense Attorney is Vital

There are a lot of exceptions and considerations that make determining the statute of limitations for criminal cases difficult and confusing. Discussing your circumstances and the charges against you with experienced criminal defense attorneys will help you to more accurately determine the statute of limitations and how you can incorporate it into your defense. If you’re facing criminal charges, call us at the Law Offices of Marc Grossman, LLP, and request a free consultation today!

Are you being accused of a crime? Whatever the allegations against you, be they driving under the influence (DUI)/driving while intoxicated (DWI) or assault and battery, you have to undergo the criminal process to determine what the final verdict would be. Drunk driving may be a far cry from robbery and embezzlement or even manslaughter and homicide, but it still boils down to you being charged with a crime.

When faced with criminal charges, whether felonies or misdemeanors, the first step to take is to hire a lawyer who specializes in criminal cases instead of civil ones. If this is your first time being charged with a criminal offense, you probably won’t have a defense attorney among your existing contacts. In this case, you can ask your current lawyer to refer you to a good criminal lawyer.

Many criminal lawyers choose to work in smaller law firms if not independently, and they typically practice in a limited geographic area. Criminal defense attorneys also tend not to have regular clients to work with, with one-time legal representation understandably being the ideal scenario.

Some private criminal defense lawyers come from being public defenders, while others previously worked as prosecutors. Both backgrounds can offer an advantage. It’s best to do your due diligence and see what your prospects’ records have to say about them.

What to Look for in a Defense Lawyer

There’s more to the credentials of a criminal law attorney than knowledge of criminal defense law. There’s also more to the performance of a trial attorney than courtroom prowess. What makes a lawyer the right pick for you?

1. Experienced

The best lawyers to choose from are those who have worked a criminal case similar to yours or who have represented defendants facing the same felony charges. Criminal law covers a wide and varied area. The criminal defense strategy used in a murder case would greatly differ from that used in a fraud case, although both involve criminal offenses. Fortunately, most criminal trial lawyers would meet with a potential client for a free consultation. While it is mainly for case evaluation, you can also use the time to inquire about their experience. Be leery of vague answers. Most certainly, you can find another trial lawyer who can respond more clearly.

2. Local

Your criminal attorney should not only be familiar with the criminal laws that apply to your case, but also with the court system in the criminal court where it will be heard. This is important because procedures and rules are often specific and may vary from court to court. For this reason, you really want your criminal defense lawyer to be local with local connections and local influence. You want your criminal defense attorney to be cognizant of the different district attorneys’ prosecuting styles and be able to anticipate how a prosecutor will attack a case. This way, he or she can have accurate expectations from a plea bargain and the district attorney’s willingness to negotiate and strike a deal. Such legal counsel will also know the local officers of the area, resulting in insight as to their credibility. This would guide your lawyer in attacking their testimony and finding the prosecution’s weak points.

3. Trustworthy

A defense law firm may have an impeccable reputation, but if its lawyers don’t inspire your trust and confidence, it’s not the right fit. You need to be comfortable with the people with whom you’re navigating the criminal justice system and trusting to defend your constitutional rights. Perhaps you feel that they won’t let you be an equal partner in making decisions and defending the charges against you? Could it be that they failed to make you understand the legal system? Instinct comes into play as well. Pick a lawyer who will truly fight for you and your legal rights.

Need to Mount the Best Defense? Find the Right Defense Counsel Today!

It’s important to engage an excellent criminal defense law firm to avoid a conviction and its accompanying punishment, especially if the alleged offender is actually innocent. The gravity of the penalties may involve fines, jail time, and a criminal record. For this reason, it’s important to hire an attorney with extensive experience. 

Are you or a loved one facing criminal charges? Keep the above considerations in mind as you scour the local lawyers association for appropriate legal counsel. A criminal defense firm can help with cases involving drug crimes, violent crimes, sex crimes, white-collar crimes, etc. 

For increased chances at the most favorable, best possible outcome, it’s important to approach the right law practice. If you need a lawyer who will tirelessly work to defend you, call the Law Offices of Marc Grossman to schedule a free consultation.