Top 10 myths about sex offenders

The social stigma that attaches when someone has only been charged with a sex crime makes it almost impossible to receive a fair trial. The skilled criminal attorneys at The Kavinoky Law Firm specialize in California sex crime defense and know the most effective ways to dispel the myths that pervade our society, to ensure that their clients receive fair consideration from skeptical judges and jurors.

The following are the top 10 myths that our society readily believes regarding sex offenders.

1. All child molesters are pedophiles.
Fact: Child molesters do so for a variety of reasons, often unrelated to sexual desires. Their victims may be incidental and their primary sexual orientation may even be towards adults. They may molest a child to meet an unmet emotional need.

2. All pedophiles are child molesters.
Fact: Pedophiles have a strong sexual desire towards children but many are content fantasizing in private. Many rely on pornographic materials to fulfill their fantasies in the safety and comfort of their own home, never actually molesting a child.

3. Child pornography collectors molest children.
Fact: Some child molesters use child pornography – not all child porn collectors molest children. Research reveals that many child molesters aren’t stimulated by child porn and (if they collect pornographic materials at all) actually collect adult porn. There is no evidence to suggest that sex offenders use pornography with any more frequency than non-offenders.

4. All convicted child molesters re-offend.
Fact: A convicted child molester may have molested a child because of poor self-esteem, due to a perceived inability to be close with an adult partner or to escape feelings of powerlessness and loneliness. Many molest due to a specific circumstance and not based on an ongoing need.

5. The more serious the initial offense, the more likely the person will re-offend.
Fact: This is perhaps one of the most commonly exploited myths – and easy to dismiss with research and reports. Recidivism (relapse) rates for sex offenders are lower than for the general criminal population and rape (one of the most severe sex crimes) has an extremely low relapse rate.

6. All convicted rapists re-offend.
Fact: This, too, is a largely publicized, political fear-tactic that has no bearing on reality. Convicted rapists have one of the lowest recidivism rates among criminals, and the only group that is lower is convicted murderers.

7. Most sexual assaults are committed by strangers.
Fact: Regardless of whether the victim is an adult or a child, the fact is that most sexual assaults are committed by an individual known to the victim or to the victim’s family. 9 out of 10 rape or sexual assault acts involve a single offender who had a prior relationship with the victim as an acquaintance, intimate partner or family member.

8. Indecent exposers are rapists waiting to happen.
Fact: This is a huge leap. Indecent exposers (also known as flashers) reportedly engage in such behavior to feel validated. Many believe that they are performing a harmless act and that flashing is a victimless crime.

9. Punishment is the best deterrent.
Fact: Certain types of rehabilitation have a much better deterrent effect on recidivism than punishment. The fact is that longer prison sentences have a higher recidivism rate than shorter sentences – those more than 2 years increased the rate and those less than 6 months had no effect on the rate. Research supports that cognitive-behavioral therapy is the best treatment for adult offenders (focusing on the social influences, values and habits that contribute to these crimes, teaching techniques to cope) and that systematic therapy is the best treatment for adolescent offenders (focusing on the needs of family and other social systems that influence these offenders, including peers and school).

10. Treatment for sex offenders doesn’t work.
Offenders who successfully complete treatment programs re-offend less often and less seriously than those who receive no therapy – period. Research continually reveals that sex offenders can be successfully treated.

To learn more, contact the outstanding sex crime defense lawyers at The Kavinoky Firm for a free consultation.

Certificate of Rehabilitation and a Governor’s Pardon

An individual seeking to expunge a California sex crime conviction from his or her criminal record has three options: An expungement, a Certificate of Rehabilitation And Pardon and/or a Governor’s Pardon. If the conviction was for a misdemeanor or a felony where probation was granted, where a state prison sentence was not imposed and where the sex offense didn’t require registration as a sex offender, the individual would seek expungement. If a felony resulted and state prison was imposed, or if the conviction were a misdemeanor or a felony that required sex offender registration, the individual would apply for a Certificate of Rehabilitation or would directly apply for a Governor’s Pardon, depending on the specific sex offense committed. In order to ensure that the proper forms are filed, that the proper procedure is followed, and that the most compelling arguments are articulately conveyed, only a qualified criminal defense lawyer should be the choice to complete this process.

A Certificate of Rehabilitation is applicable to sex offenses (whether sentenced as misdemeanors or felonies), if specified in Penal Code 290 and a state prison sentence wasn’t imposed. Even under those circumstances, there are five offenses that are ineligible for certificate relief, and these include sodomy with a person under 14 years of age who is 10 years younger than the accused or that was accomplished by force or threats, oral copulation under those same circumstances, lewd or lascivious acts, continuously sexually abusing a child, and forcible acts of penetration. If convicted of one of these crimes or of two or more felonies, an individual must directly apply for a Governor’s Pardon.

Eligibility for a certificate (in addition to the requirements set forth above), includes being a California resident for at least five years before requesting the relief, and, for an additional five years (or seven years if convicted of distributing obscene matter for commercial purposes (knowing that the matter depicts a minor involved in sexual activity), of distributing such material directly to a minor, of advertising obscene materials (knowing that the matter depicts a minor, of sexually exploiting a child, and for certain lewd or lascivious acts involving indecent exposure), leading an honest life, free from any further convictions. If convicted of a crime requiring Penal Code 290 registration, the individual seeking relief must first have his or her conviction dismissed in line with expungement procedures before applying for a certificate.

A Certificate of Rehabilitation declares that an individual has been rehabilitated. If granted, the certificate relieves an individual of the requirement to register as a sex offender if the crime for which he or she was convicted is not specifically excluded from this relief. Once approved, the certificate is forwarded to the Governor and acts as an application for a pardon, which may be granted without further investigation.

A Governor’s Pardon relieves an individual of the lifetime obligation to register as a sex offender, but doesn’t automatically restore a license, permit or certificate that was revoked at the time of the conviction. It should be noted that an individual convicted of one of the above listed – sex offenses that are ineligible for certificate relief will only be granted a pardon under extraordinary circumstances, which is why it is so important to have an experienced attorney complete the application process to increase one’s chances of success. A pardon is reserved for those individuals who prove that they have lead meaningful, productive lives for at least ten years (less, under extreme circumstances) since their convictions. An individual who has incurred two felony convictions may directly apply for this relief, but must have the recommendation of a majority of the Supreme Court Justices to do so. Although a Certificate of Rehabilitation will be considered when the Governor contemplates granting a pardon, it will not be the only factor measured.

For more information about how to apply for a certificate or a pardon, contact the exceptional criminal defense attorneys at The Kavinoky Law Firm today for a free consultation and unequaled legal representation.

It’s a crime in California to leave the scene after being involved in or causing an accident. Any driver who does so can be charged with misdemeanor or felony hit-and-run. The severity of the charges depends on whether the accident involved property damage, bodily injury, or death. Regardless of the charges, it’s imperative to have an expert defense attorney protecting the driver’s rights. The skilled defense lawyers of The Kavinoky Law Firm are experienced in every aspect of defending California hit-and-run cases, and will work hard to minimize or even eliminate the consequences for a driver charged with leaving the scene of an accident.

Leaving the scene of an accident that involves only property damage is a less serious offense in California than hit-and-run involving bodily injury or death, but the driver still faces serious repercussions. A driver convicted of hit-and-run with property damage – even if the driver didn’t cause the accident – faces punishment up to a $1,000 fine and six months in jail. In some cases, the driver also must forfeit the vehicle.

If the driver is alleged to have been under the influence of alcohol or drugs at the time of the hit-and-run crash, there may be a DUI / DWI charge in addition to any allegations of leaving the scene of an accident. A motorist convicted of drunk driving and hit-and-run faces extreme consequences that can include prison time. These are extremely serious charges that require an expert defense attorney.

Fortunately, a driver who is accused of leaving the scene of an accident in California has many options available that may help to soften or even eliminate the consequences of a hit-and-run charge. The first option is to aggressively fight the charges. There are many viable defenses to a California hit-and-run charge. Remember, the prosecutor has the burden of proving the driver’s guilt beyond a reasonable doubt. The defense could offer no evidence at all of the driver’s innocence, and if the prosecutor hasn’t proven the case beyond a reasonable doubt, the driver cannot be convicted.

In some cases, it may be possible to reach what is known as a civil compromise, in which the accused driver agrees to pay for all property damage and medical expenses, if any. If the other party agrees to a civil compromise and the accused driver reimburses all expenses, no criminal charges will be filed in connection with the alleged hit-and-run accident.

Certain cases require creative resolutions on the part of both the defense and the prosecution. The driver may be eligible for alternative sentencing such as community service or other options that can reduce or even eliminate a potential jail sentence. Other options may include CalTrans work or electronic monitoring. Although some sentencing alternatives may seem less than desirable, anything that helps the accused hit-and-run driver avoid time in jail is well worth considering.

Another option in a California hit-and-run case is a plea bargain. With the help of an experienced defense lawyer, the driver may be able to plead guilty to a lesser charge with reduced repercussions. However, a plea bargain should be just what the name implies – a good deal for both the driver and the prosecutor. The prosecution is more likely to offer a favorable plea bargain when it’s case isn’t particularly strong.

Regardless of the circumstances surrounding a California hit-and-run arrest, the experienced defense lawyers of The Kavinoky Law Firm will be able to reduce or even eliminate the consequences. Contact a skilled defense attorney today for a free consultation.

Hit-and-Run-Causing Death

Drivers who leave the scene of an accident in California can face hit-and-run charges even if they are not at fault. The severity of the charges depends on many factors, such as whether the accident involved property damage, injury, or death. Regardless of the circumstances, hit-and-run is a very serious charge that requires expert legal representation. The skilled defense lawyers of The Kavinoky Law Firm are experienced in every aspect of California hit-and-run cases, and will work very hard to protect the accused driver’s rights and freedom.

California Hit and Run Law

Leaving the scene of a fatal accident is an extremely serious charge in California. A driver convicted of hit-and-run causing death faces from three months in county jail to up to four years in state prison. The driver also faces a fine of up to $10,000, a one-year driver’s license revocation, probation, and possible vehicle seizure.

In some cases, a driver involved in a fatal hit-and-run accident can face even more serious charges such as manslaughter or vehicular homicide. And if alcohol or drugs were involved, the driver may face an additional charge of DUI / DWI or driving under the influence of drugs.

However, a hit-and-run charge doesn’t equal an automatic conviction – far from it. There are many effective defenses to a charge of leaving the scene of an accident. It’s important to remember that the prosecutor is required to prove his or her case beyond a reasonable doubt in order to obtain a conviction. That means the prosecutor has the burden of convincing all 12 jurors of the driver’s guilt. The defense is under no burden to prove anything other than to prove the prosecution’s case is faulty.

Hit-and-run cases involving death are extremely complex and technical, and typically involve a great deal of physical evidence. In many cases, the assistance of an experienced accident reconstructionist can uncover evidence overlooked by police that can help the defendant’s case.

In some cases, the defense may be better off negotiating a plea bargain rather than taking a charge of leaving the scene of an accident to trial. Plea bargains sometimes offer a satisfactory resolution to a hit-and-run charge involving death. It may be possible for the driver to plead guilty in exchange for reduced charges and/or punishment. In some cases, alternative sentencing may be available that can reduce or even eliminate a jail sentence.

A California Defense Attorney is Vital

There are many viable criminal defense strategies to a California hit-and-run charge involving property damage, injury or death. The experienced Criminal Defense Lawyers of The Kavinoky Law Firm are skilled in every aspect of defending charges of leaving the scene of an accident, and will develop a proven defense strategy designed to safeguard the driver’s rights and minimize the consequences. Contact them today for a free consultation.

New California Driving Laws for 2009

As of January 1, 2009, a host of new driving laws went on the books in California, and being aware of these statutes will help you avoid trouble with the law in the New Year. As always, if you have any questions about any California Vehicle Code, feel free to contact an attorney from The Kavinoky Law Firm at 1.877.466.2833 for more information.

Perhaps the most talked-about new law is California’s ban on texting. As of January 1, it’s against the law to type, send, and read electronic messages while behind the wheel. Like California’s law requiring the use of hands-free cell phones while driving, the new text-messaging ban carries a $20 fine for a first offense and a $50 fine for a second offense, but the state’s “penalty assessment” means the fine will be significantly higher.

Even more importantly, violating either of these laws gives police probable cause to pull you over, which can lead to more serious charges. These types of relatively minor violations can result in an arrest for DUI or another serious offense.

Another new law impacts drivers who are on probation for a California DUI conviction. Under the new zero-tolerance law, drivers on probation for a prior DUI conviction who have any measurable amount of alcohol in their systems will have their driver’s licenses suspended.

California has also lowered the threshold for ignition interlock devices, or IIDs, in DUI cases. In the past, California law required that judges give “heightened consideration” to ordering DUI drivers with a blood alcohol content (BAC) of .20 percent or greater to use an ignition interlock device. The new law lowers the threshold for an IID, which prevents a car from starting if the driver cannot provide an alcohol-free breath sample, to .15 percent.

Beginning in July 2009, drivers who are caught driving after having their licenses suspended for a prior DUI conviction will also be required to use an ignition interlock device. This new law also transfers authority over the use of ignition interlock devices from the courts to the California Department of Motor Vehicles.

New California legislation also requires drivers convicted of DUI or alcohol-related reckless driving – also known as “wet-reckless” – to attend a nine-month alcohol-education program if they’ve been convicted of another DUI or wet-reckless offense within the past decade.

Other changes to the law include new criminal penalties for forging Clean Air stickers, harsher penalties for those who make frivolous 911 calls, and changes to the law that governs where GPS units can be mounted. In the past, mounting the unit on the windshield was against the law. Now drivers can mount the devices in a 7-inch square on the lower passenger side of the windshield or a 5-inch square on the lower corner of the driver’s side.

By keeping yourself informed about California’s ever-evolving vehicle and criminal codes, you can better prepare yourself to stay out of trouble in 2009. And should you ever need us, the experienced California defense lawyers of The Kavinoky Law Firm are here to help. You can contact us at 1.877.466.2833 for answers to all of your questions about California vehicle and criminal codes.