Hofsheier Overruled. What is the impact of persons who have been relieved of their duty to register under Penal Code section 290?
Penal Code section 290 requires mandatory lifetime sex offender registration for persons convicted of most sex offenses including oral copulation with a person under 18, digital penetration with a person under 18 and other “consensual” conduct with persons between the age of 16 and 18. However, sexual intercourse with a person under 18 (commonly known as statutory rape) does not require mandatory registration.
In 2006 the California Supreme Court held in People v Hofsheier (2006) 37 Cal.4th 1185, that it violated equal protection to require a person convicted of oral copulation with a person under the age of 18 to …
What to do if you are arrested, but were actually innocent. Sacramento Criminal Record Expungement Attorney on what to do if you are the victim of a False Arrest
Getting arrested is a tough thing to have happen to you. Moreover, getting arrested for something you didn’t do is really tough and can adversely affect your life long after it is all over. If you have been arrested for something you didn’t do, you need to get good legal counsel.
Innocent people do get arrested. You could be the victim of a bad identification or just in the wrong place at the wrong time. Even though you may be completely innocent you need an attorney and you need to follow these simple rules. First, do not give a statement …
California Supreme Court Addresses Jessica’s Law Proposition 83
Jessica’s Law California
The California Supreme Court ruled on two cases involving the 2000 foot residency restrictions imposed by Jessica’s law (Proposition 83.) The purpose of Jessica’s Law is to keep sex offenders away from children.
Both of these opinions were authored by Justice Baxter. However, in my view, the opinions are difficult to reconcile but seem to hinge on the Court’s distinction between privacy rights and punishment.
The first case is People v Mosley (2015 DJDAR 2432) The general holding was a finding that the residency restrictions of Jessica’s Law are non-punitive, not punishment and only a regulatory device. …
Criminal Record Expungement Attorney in Sacramento Aids Public Benefit
If you’re a convicted felon who’s aiming to return as a productive member of society, having your record expunged greatly increases your chances of finding work again. Additionally, it may make it easier to receive aid payments from the government.
The recent passage of Proposition 47 is already benefiting those in the prison system by classifying some drug and property crimes as misdemeanors instead of felonies. As a result, jails are able to release more inmates. However, Proposition 47 does not apply in all cases and some will be left behind and forced to serve their sentences.
For the prisoner …
New Privacy Laws in California
California is a state that is concerned with the privacy of its citizens. This year there were several new Privacy laws signed into law and going into effect January 1, 2015.
Use of Drones: Drones are being used at an ever-increasing rate by people for all kinds of purposes. Some are good and other not so much. The new Civil Code section 1708.8 precludes the use of any device, including drones, from recording private personal or familial activities. This means that your fence still means something.
The governor, however, vetoed a bill that would have prohibited law enforcement from …
California Gun Laws – New and Pending
California Gun Laws – New and Pending
Governor Brown signed into law a new type of restraining order known as a “gun Violence restraining order.” This restraining order allows a family member to seek a 21 day ex parte firearm restraining order when someone poses “an immediate and present danger.” This order can be extended to a yearlong period. The idea is to allow family members to have some way to get guns out of the hands of people who may be going through a tough spill and might be of a frame of mind that they would do something …