Sex Crimes

San Diego, named after Saint Didacus, is the ninth largest city in the United States, and the second largest city in California. Located along the Pacific Ocean, San Diego has a population of 1,279,329. San Diego is the largest city on the southern border and is the region’s western anchor. The city was rated the fifth best place to live in 2006 by Money Magazine, and ranks as the fifth wealthiest city in the United States by Forbes. San Diego’s economy is largely composed of agriculture, biotechnology/biosciences, computer sciences, electronics manufacturing, defense-related manufacturing, financial and business services, ship-repair, ship-construction, software development, telecommunications, wireless research, and tourism.

In criminal law, rape is defined as an assault by a person involving sexual intercourse with the person of another without valid consent. Outside of the law, the term is often used interchangeably with sexual assault, a closely related (but in most jurisdictions technically distinct) form of assault typically including rape and other forms of non-consensual sexual activity. The rate of reporting, prosecution, and convictions for rape varies considerably in different jurisdictions. The U.S. Bureau of Justice Statistics (1999) estimated that 91% of U.S. rape victims are female and 9% are male, with 99% of the offenders being male.

At Wallin & Klarich, our knowledgeable and aggressive San Diego criminal defense attorneys have been defending the rights of those accused of rape offenses for over 30 years. If you or a loved one is accused of a rape offense, the time to act is now. Call Wallin & Klarich at 888-280-6839, or visit www.wklaw.com for more information about how we can help you with your case. We will be there when you call.

In U.S. v. Juvenile Male, the Ninth Circuit Court of Appeals held that it is unconstitutional to require juveniles who had been convicted of a sex crime to be registered offenders.

In a surge of national concern over the commission of sex offenses, particularly those against children, Congress in 2006 enacted the Sex Offender Registration and Notification Act (”SORNA”) and applied its registration and reporting requirements not only to adults but also to juveniles who commit certain serious sex offenses at the age of fourteen years or older. The U.S. Attorney General, exercising authority delegated by Congress, determined that SORNA would apply retroactively to all sex offenders convicted of qualifying offenses before its enactment, including juvenile delinquents. 28 C.F.R. § 72.3 (2007).

SORNA establishes a comprehensive national system for the registration of sex offenders and requires anyone convicted of specified crimes, including aggravated sexual abuse, to register with the national sex offender registry. 42 U.S.C. § 16911(4)(A)(i). SORNA defines convictions to include juvenile delinquency adjudications of aggravated sexual abuse if the offender is fourteen years of age or older at the time of the offense. 42 U.S.C. § 16911(8).

The retroactive application of SORNA’s provision requiring registration and reporting by former juvenile offenders imposes immense burdens, not only through burdensome in-person registration and reporting requirements, but, more important, through the publication and dissemination of highly prejudicial juvenile adjudication records of individuals who have committed no offenses since their adolescence — records that would otherwise remain sealed. For this reason, the Ninth Circuit Court of Appeals concluded that the requirement served more as a punishment than as a comprehensive system to track sex offenders.

The Ninth Circuit Court of Appeals further reasoned that the requirement serves to convert a rehabilitative judicial proceeding, sheltered from the public eye, into a punitive one, exposed for all to see, and with long-lasting substantially adverse and harsh effects. In holding the requirement unconstitutional, the court stated that in some instances, the retroactive implementation of SORNA’s provisions will most certainly wreak havoc upon the lives of those whose conduct as juveniles offended the fundamental values of our society but who, we hope, have been rehabilitated.

Registration as a sex offender is a heavy burden to carry. If you or a loved one has been accused or convicted of a sex offense, it is important that you speak to an experienced criminal defense attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of sex crimes. We will defend your rights and fight to get you the best possible result in your case. Call us today at (888) 280-6839 or visit us on our website at www.wklaw.com. We will be there when you call.

It was recently reported that a San Diego woman, 36-year-old Adreinne Feistel, plead guilty to the statutory rape of a 12-year-old boy. The boy was a former student of hers when he was 10-years-old. Police say a sexual relationship began in 2006, when the boy was 12 and ended in 2009. Feistel was originally charged with multiple counts of committing lewd acts upon a child, in which she could have served 30 years in prison if found guilty in her jury trial. Instead, she changed her plea to guilty of a statutory rape charge. She is now facing a potential sentence of three years in prison.

Under California Penal Code 261.5, statutory rape occurs when any person engages in sexual intercourse with a person under the age of 18 (commonly referred to as unlawful sex with a minor). Depending on the circumstances, statutory rape in San Diego can be charged as either a misdemeanor or a felony. If the accused is no more than three years older than the alleged victim, the statutory rape charge will be filed as a misdemeanor. If the accused is over three years older than the alleged victim or over 21-years-old and the alleged victim is under the age of 16, the statutory rape charge can be either a misdemeanor or felony. Punishment can range from probation to four years in state prison.

Sex crimes involving minors are taken very seriously by the state so it is important to contact an experienced San Diego sex crimes defense attorney right away if you or a loved one is facing a sex offense. At Wallin and Klarich, our San Diego sex crimes defense attorneys have the expertise to handle your case. Our attorneys have over 30 years experience in handling serious sex crimes charges. Call Wallin and Klarich today at 1-877-230-1529 or visit www.wklaw.com for more information. We will be there when you call.

It was recently reported that Robin Alarcon, a 35-year-old high school soccer coach at Del Norte High School in 4S Ranch, was taken into custody by San Diego police officers on charges of luring a minor for a sexual offense and sending harmful material to a minor with intent to seduce. Alarcon is accused of sending “very inappropriate” text messages to a female student. When the female student reported the alleged misconduct to the school, school officials immediately notified the San Diego Police Department and Alarcon was arrested.

Section 288.2 makes it illegal to knowingly send harmful materials with the intention of sexual arousal. Allegations of sexual misconduct are serious in the state of California. If convicted of luring a minor for a sexual offense and sending harmful material to a minor with intent to seduce, Alarcon could face serious fines and imprisonment.

If you or someone you love has been accused of a sex crime, call the experienced sex crimes attorneys in San Diego at Wallin & Klarich immediately. Our attorneys have over 30 years of experience handling the tough issues related to sex crimes. The sex crimes attorneys at Wallin & Klarich have the skills and expertise to provide you with the best possible defense. Our attorneys represent the California Teachers Association and have an excellent track record when it comes to resolving cases favorable for our clients. Call Wallin and Klarich today at 1-877-230-1529 or visit www.wklaw.com for more information. We will be there when you call.

It was recently reported that a South Bay elementary school teacher was acquitted on ten counts of committing a lewd act on a child and one count of providing marijuana to a minor. The school teacher was accused of engaging in a sexual relationship with her then 12-year-old godson, who was also one of her students. It was alleged that the relationship began in 2004 and lasted four years. If convicted, the teacher could face 19 years in prison.

The statute for California Penal Code section 288 states that any person who willfully and lewdly commits any lewd or lascivious act upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony and shall be punished by imprisonment in state prison for three, six, or eight years.

Sex crimes are extremely serious. A conviction can lead to prison time and being required to register as a sex offender, which can affect your job status, where you live, and your standing within your community. At Wallin and Klarich, our San Diego child molestation defense attorneys understand the serious and sensitive nature of a sex crime charge. Our child molestation attorneys have the experience and expertise to provide you or a loved one with a strong and aggressive defense for your case. We will help you understand the legal process and work to protect your rights. Please call us at (877) 230-1529 or visit our website at www.wklaw.com. We will be there when you call.

San Diego Social Workers that work for San Diego Child Protective Services investigate allegations that someone has neglected, abused, or molested a child. When CPS concludes that the allegation is either “substantiated” or “inconclusive,” CPS will refer the individual to San Diego Health and Human Services. HHS then proceeds to place the individual’s name on California’s Child Abuse Central Index, also known as CACI.

When this happens, HHS will send a letter to the individual to let them know that they have a right to dispute the allegations and try to keep their name off the CACI. You can dispute the allegations in a hearing called a Grievance Hearing. This hearing is conducted outside of the courtroom, in the HHS offices. You only are given thirty days to demand a “grievance hearing”. You do not want your name added to the Child Abuse Central Index. This can lead to adverse consequences to you in the future.

However, in San Diego it is possible to get your name removed from the Child Abuse Index if you are wise enough to retain Wallin and Klarich when you first receive notice. Our experienced attorneys in San Diego have been able to convince HHS to take their clients’ names off the list. In some cases this has occurred without the need for a full blown grievance hearing. In order to accomplish this, our attorneys work with their clients to come up with a winning strategy. It takes time and effort, but it is possible. If you care about not being deemed to have been a “child abuser” and added to the Child Abuse Index, you need to act quickly when you receive your notice. If you wait more than thirty days it can mean you cannot challenge this finding in the future.

Our San Diego child abuse index attorneys will work hard to provide you with the best possible legal defense. The attorneys at Wallin & Klarich can be reached by phone at 1-877-230-1529 or through our website at www.wklaw.com. We will be there when you call.

If you are being investigated for child molestation in San Diego, there are a few things you should know. First of all, San Diego law enforcement officers sometimes work closely with the District Attorneys office and Child Protective Services (CPS) when investigating these cases. This means that law enforcement may have more information than you realize.

San Diego detectives will frequently want to interview the alleged victim quickly after receiving a report of a suspected molestation. The detective will try to convince the alleged victim to call you on the phone and try to get you to apologize for committing the crime or otherwise admit to committing the crime. This is referred to as a pretext call or a covert phone call. When this call is made, law enforcement will have often provided audio taping equipment so the conversation is tape recorded for later use in a possible criminal prosecution. What you say during this phone call can and will often be used against you in a court of law.

If you receive a phone call from a possible “alleged victim” of course you should immediately deny any allegations of wrongdoing during said phone call. If you “change the subject” or fail to deny any allegation made by an alleged victim it can be viewed as an “adoptive admission” which could be critical prosecution evidence to support a possible conviction.

The best possible advise is never talk to persons via the telephone or email about any allegations of possible wrongdoing. You just never know when that conversation can come back to negatively impact you.

If you are charged with the crime of child molestation in San Diego County, you must speak with a criminal defense law firm with experience defending sexual abuse cases. There are numerous specialized legal issues that relate to a prosecution for sexual abuse. Due to the fact that Wallin and Klarich has been representing persons accused of child molestation for over thirty years, we know what it takes to properly defend you.

Retaining an experienced San Diego child molestation defense attorney can make the difference between you going to prison for many years or being exonerated. The attorneys at Wallin & Klarich can be reached by phone at 1-877-230-1529 or through our website at www.wklaw.com. We will be there when you call.

San Diego Channel 10 News recently reported that a former teacher at Foothill Christian High School, Evan Stecklair, has been sentenced for text messages he sent to a 16 year old student. The sentencing came down after Stecklair pled guilty to sending the text messages, one which included a naked picture of his genitalia. He was sentenced to 180 days in a work furlough program and will be required to register as a sex offender for the rest of his life.

Text messages can potentially lead to criminal charges. In the state of California, laws now exist pertaining to electronic messages commonly known as “sexting.” The law states that it is illegal to send or receive text messages or photos, or communicate by phone or email with a minor regarding anything considered sexually explicit. A person can be charged with the following crimes: communicating with a minor with the intent of committing a lewd act or sending harmful matter with the intent of seduction. Both of these crimes are considered felonies and if convicted, a person could be facing prison time as well as being required to register as a sex offender for life.

If you or a loved one is facing a sexting crime charge, it is important to contact an experienced San Diego sex crimes defense attorney. At Wallin and Klarich we have been defending clients for over 30 years against sex crime charges. Our experienced San Diego sex crimes defense attorneys will work with you to aggressively defend your case. Contact our attorneys today by calling 1-877-230-1529 or visit www.wklaw.com for more information.