Individuals accused of sex crimes have the same rights as any other criminal defendant, including the right to an attorney; the right to a jury trial; the right to cross-examine witnesses; the right against self-incrimination; and the right to produce evidence. Clients charged with sex crimes are typically those most in need of these Constitutional safeguards, as emotion and character evidence is often used to taint and sway the minds of the public, the court and the jury. At the Law Offices of Fay Arfa we represent clients charged with sex crimes and sex offenses in communities throughout Southern California. If you have been contacted by the police, arrested or charged with a sex offense in Southern California, or if you have any questions about sex offender laws and registration in California please contact the Law Offices Of Fay Arfa today for a consultation.
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The following is a brief overview of possible sex crimes one can be charged with in California.
Megan's Law - California Law On Sex Offender Registration
Effective September 24, 2004, Penal Code section 290.46 required the Department of Justice to create this Web site on or before July 1, 2005.. Sex Offender Registration.
Initial Registration. Penal Code section 290 requires mandatory registration as a sex offender for persons convicted of the sex offenses listed in that section. §290(a)(2)(A)-(E). Even if the offense is not listed in section 290, the person may be ordered by a court to register as a sex offender if the criminal offense committed was sexually motivated. Section 290 applies automatically to the enumerated offenses, and imposes on each person convicted a lifelong obligation to register.
Penalties for Violation of Registration Law. Ciminal penalties apply to persons who fail to register as a sex offender. A person convicted of a registrable felony sex offense who willfully violates the registration law is guilty of a felony. A person convicted of a registrable misdemeanor sex offense who violates the registration law is guilty of a misdemeanor on the first violation, and subsequent convictions for violating the registration law are felonies. Penal Code § 290, subd. (g).
Dismissal of Offense after Completion of Probation. Sex offenders who successfully complete probation may apply to have the offense dismissed under Penal Code section 1203.4, but dismissal does not relieve the person from the duty to register as a sex offender. Penal Code § 290.1.
Relief from the Lifetime Duty to Register. Persons whose registrable sex offenses are nondisclosable to the public may obtain relief from the duty to register upon obtaining a certificate of rehabilitation. Penal Code §§ 290.5 and 290.4, subd. (a)(1). All others must obtain a governor's pardon to obtain relief from the duty to register as a sex offender. A person is eligible to apply for a certificate of rehabilitation seven to ten years (depending on the registrable sex offense) after release from custody or on parole or probation, whichever is sooner. Certain registrable sex offenders are not eligible to obtain a certificate of rehabilitation. Penal Code §§ 4852.01 & 4852.03.
Long prison sentences and life-long sex registration requirements are just some of the consequences of being convicted of a sex crime in California.
Call Attorney Fay Arfa immediately if you or a loved one are accused of any sex offense.