Vista Defense Attorney: Child Molesting Laws In CA

August 25th, 2014

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What most people refer to as child molesting is actually charged as lewd acts with a child under the age 14 according to California law. You can also be charged if the child is 15 or under and you are more than ten years older than him or her. These lewd acts need not be explicitly sexual, must be for the purpose of sexually gratifying at least one of the people involved with the activity. If you are accused of performing a lewd act with a child, immediately ask to speak with a Vista child molestation defense lawyer as soon as possible. Remember, what you say can be used against you and even things you say to defend yourself may still be turned around to harm your defense later on.

Note: For the sake of clarity, this article will be using versions of the phrase “child molest” rather than lewd acts with a child under age 14 or 15 and under if the victim was ten years younger than the defendant, as most people are more familiar with the terms “child molesting” and “child molestation,” but it is important to recognize that this is the formal charge used by the police and courts.

If you have been accused of child molesting, contact a Vista sex crimes defense attorney as soon as possible -even if charges have not been formally filed yet. Your lawyer can help protect you against false accusations that may ruin your reputation as well as improper and illegal search and seizure methods when the police do get involved. Additionally, if formal charges are filed, your attorney can help keep the publicity around the case so your privacy and reputation can be protected from the damaging title of “child molester.”

There are a lot of aspects of child molestation that most people do not understand, which is yet another reason it is so important to speak with a Vista child molestation lawyer. For example, the touching need not be in a sexual area or on bare skin. In fact, there need not be any touching between the participants at all. If you are accused of getting a child to touch their own body -even through clothing, you can still be charged with child molesting. The most important aspects of the crime are that the act was committed with “the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of yourself or of the child” and that the child was 14 or under at the time.  Lastly, sexual arousal or pleasure need not to have occurred as long as the person accused of child molesting intended the act to cause sexual arousal or gratification.

For example, if a person was accused of getting a twelve year old to massage their feet, it could be considered child molestation if the adult involved  had a sexual interest in the activity. On the other hand, if a doctor rubbed a child’s bare buttocks for the purpose of applying a topical cream to a rash, it would not be child molestation.

Unlike statutory rape charges, it does not matter if you believed the child was over 18 at the time. In fact, if you attempt to defend yourself by saying this, it will likely be used as evidence against you later on. Additionally, even if the child consented to or even suggested the idea, you can still be convicted of child molestation. This is why it is imperative you do not speak to the police until you contact your Vista defense attorney. Child molest cases are complex and require experience and tact. Peter M. Liss has over 30 years of experience defending people from sex crimes such as these.

This crime is a felony, punishable by up to eight years imprisonment, and it counts as a strike under California’s three strikes law. Additionally, once you are convicted, you will be required to register as a sex offender for the rest of your life. Do not take chances with your defense when handling a case this serious. Call (760) 643-4050 to schedule a free initial consultation with a top Vista child molestation defense lawyer.

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Soliciting Sex With A Minor In Vista, California

August 22nd, 2014

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In California, it is not only illegal to engage in a sex act with a minor, but even to attempt to meet with one for the purpose of sex. In fact, the other person need not even be a minor for you to be charged with this crime. Because the laws concerning sexual acts with a juvenile are so complex, it is critical you speak with a Vista child molestation defense lawyer as soon as possible if you have been accused of any crime related to having sexual relations with someone under 18.

First, it’s important to recognize that you need not even touch a minor to be charged with a sex crime. Arranging to meet with a minor when your actions are “motivated by an unnatural or abnormal sexual interest in children,” for the purpose of “exposing your genitals or rectal area, having the child expose his or her genitals or rectal area, or engaging in lewd or lascivious behavior” is a crime. Additionally, the person you made the arrangements with doesn’t even need to be under 18. If you believe the person to be a minor, you can still be charged and found guilty of soliciting sex with a minor. With so many aspects of the law relating to your intentions and beliefs, it’s easy to see why you should insist on speaking with a child molest defense attorney in Vista before you discuss the crime with the police. Remember, anything you say to the police can be used against you.

Most cases involving the solicitation of sex with a minor occur online, so it is important your Vista sex crimes lawyer also have experience handling computer crimes defense as well so he or she can protect you against illegal search and seizure of your property, including electronic devices. Your attorney should also understand the ins and outs of entrapment laws since many people charged with this crime are victims of police sting operations.

While arranging to meet with a minor for a lewd or lascivious purpose is sometimes charged as a misdemeanor, punishable by up to one year in jail, it is still a sex crime that can result in your being required to register as a sex offender for the rest of your life. If you actually arrived at the meeting place, then the crime will be charged as a felony and you will face an additional two to four years in prison. Arrival at the meeting place will also get you charged with attempted child molestation if you thought the minor was under 14 or if you thought they were 15 or under and you are at least 10 years older.  If you solicited a minor prostitute for sex, you will face an additional $25,000 fine.

With such serious consequences at play, it is easy to see why you should always contact a Vista child molester defense attorney immediately. With over 30 years of experience, Peter M. Liss has a proven track record of helping people fight these types of charges and he can help you too. Please call (760) 643-4050 to schedule a free initial consultation.

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Fighting Charges of Possession or Distribution of Child Pornography

August 18th, 2014

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If you are convicted of possession or distribution of child pornography, you will not only face a lengthy prison term, but you will also be forced to register as a sex offender for the rest of your life. Even the accusation of such crimes can ruin your reputation and may ruin your relationships with neighbors, friends, family members and business associates. This is why it is so important to speak with a top San Diego child pornography defense attorney as soon as possible.

Possession or distribution of child porn can be prosecuted in either state or federal court. Distribution can mean emailing or sharing with other individuals child pornography. There is no requirement you sell the material for you to be guilty of distribution.

Police and prosecutors often try to convince those accused of owning or distributing child pornography that they will be found guilty and their best option is to negotiate a plea bargain. While plea bargains are sometimes beneficial, other cases can be successfully fought. Never discuss such an agreement without having your San Diego child porn defense lawyer present. Even if you are going to seek a plea bargain, your attorney can help make sure you receive the best possible offer for your specific situation.

Remember, the prosecution must prove you guilty beyond a reasonable doubt, which is why they will collect all the evidence they can to make their case against you as strong as possible. A San Diego criminal attorney with experience defending those accused of child pornography possession and distribution can ensure that any searches of your property, including digital files on your cell phone or computer, are performed within the scope of the law. If your rights are violated during a search, your lawyer may be able to have that evidence withheld from the trial.

Additionally, if the case goes to trial, your San Diego defense lawyer can remind the jury that your IP address alone is not enough to convict you of a computer crime as it is all too common for people to share IP addresses. Beyond that, even if the illegal material was found on your computer, it does not necessarily mean you were the one who downloaded it or that you even knew it was there. Guest users and viruses can download files without the owner of the device’s knowledge.

Computer-related crimes are extremely complex and you should only fight these charges with a knowledgeable  computer crimes defense attorney in San Diego with a proven track record of fighting these charges. If you have been accused of any crime related to child pornography, San Diego attorney Peter M. Liss can help defend you. Please call (760) 643-4050 or (858) 486-3024 to schedule a free initial consultation.

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A Federal Court Rules California’s Death Penalty Is Unconstitutional

August 15th, 2014

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Last month, a federal judge in Los Angeles declared California’s death penalty is unconstitutional. Despite what you may hear from advocates against the death penalty though, Vista defense attorney Peter M. Liss  believes this ruling won’t actually change the legal system in the state very much for a variety of reasons.

It is important to recognize that U.S. District Judge Cormac Carney did not rule that the death penalty itself is against the law. What he declared unconstitutional is the way California handles the sentence -notably how long inmates must wait in prison before they are executed. Calling the system  “dysfunctional” and beyond repair, Carney explained that a death sentence in the state ultimately means “life in prison, with the remote possibility of death.”

As most Vista criminal lawyers are aware, the state hasn’t actually executed anyone since 2006. Even before that, only 13 people were executed since 1978, despite the fact that 900 people have received the death penalty.

Carney went on to explain even those 13 people who were executed waited so long for the sentence that the punishment was ultimately meaningless. As a result, he ruled that the death penalty violates the 8th Amendment of the U.S. Constitution.

So what does this decision mean for those who commit a crime punishable by the death penalty and those who already received the sentence? Vista criminal defense attorney Peter M. Liss argues that it won’t change much for a few reasons.

First, the case will almost certainly be appealed and will likely be settled in the Supreme Court before any final decision is made. Even if the state temporarily bans death penalty sentences while the case is being appealed, the 748 people already on Death Row will remain there.

Since the system itself was what Judge Carney declared unconstitutional, not the sentence, it is possible that the U.S. Supreme Court will agree. In this case, California may choose to not eliminate the sentence, but instead change the way the death penalty is handled -speeding up the appeals process for those who receive the sentence so the punishment can be enacted more quickly. Ultimately, this would just mean more Death Row inmates would be executed although the same number of people would presumably receive the death penalty.

If the death penalty is ultimately declared unconstitutional (or if the state opts to end it), the sentence will no longer be given out and those who have already been sentenced to execution will have their sentence converted to life in prison. Given that so few people have been executed in the last 25 years and that no one has been executed in almost a decade, this still won’t be a drastic change to those whose sentence is commuted.

If you are charged with a crime punishable by  sentence of death, the most important thing you can do is call a top Vista criminal defense lawyer as soon as possible. Peter M. Liss offers a 24/7 answering service so you can speak with someone any time of day. If you are accused of a crime, call (760) 643-4050 to schedule a free initial consultation.

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Obtaining Bail After A Domestic Violence Arrest

August 8th, 2014

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If you are arrested for domestic violence, you may choose to post bail in order to earn your release from jail. This article explains how that process works, the cost of bail related to your crimes and similar details you might want to ask your Vista domestic violence attorney.

First, it’s important to realize that because domestic violence is taken very seriously in San Diego County, bail for domestic violence is higher than bail for committing battery against a random stranger on the street. Next, it is also worth noting that domestic violence charges can be filed against either partner in a relationship and that the couple does not need to be married, or even together at the time. Domestic violence charges can be brought up against lovers, exes, spouses, co-parents of a child, and other persons involved in an intimate relationship. If you aren’t sure whether your connection to someone else qualifies as a “domestic” relationship, your Vista domestic violence defense lawyer can help evaluate the situation.

Most of the time when police are called in for domestic violence, they end up arresting someone -sometimes they even arrest both parties. If there is sufficient evidence that domestic violence occurred, the prosecutor will generally press charges even if the other person does not wish to do so. That’s why it is so important to speak with a domestic violence attorney in Vista as soon as you are arrested.

After you have been arrested, you may choose to pay bail or wait for the arraignment to see if the judge will release you on your own recognizance. If you choose to stay in jail instead of posting bail, typically you wait three court days until your arraignment. Weekends and holidays do not count as court days so an arrest at the start of a long weekend can mean waiting five days in jail before you see a judge. If you are not released, you can also take this opportunity to have your lawyer argue for the bail to be reduced.  

If traumatic condition occurred to the victim, then the arrest is for felony domestic violence and the bail is $50,000.  An additional $50,000 bail will be added if the victim suffered great bodily injury.   Many times, however, prosecutors choose to charge a felony arrest for domestic violence as a misdemeanor. Additionally, if you violated an existing stay away order, you may have an additional $10,000, $20,000 or $40,000 in bail.

If you have been charged with any type of spousal abuse and have any questions, please call Vista domestic violence lawyer Peter M. Liss at (760) 643-4050.

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The Officer’s Testimony During Your DUI Trial

August 4th, 2014

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When you go to trial for a DUI, the prosecution will present the evidence against you just like they would for any other type of crime. There are three main types of evidence used in these cases -officer testimony, field test results and the results of your chemical test. The officer testimony is one of the most important parts of a drinking and driving trial and having a Vista DUI lawyer who can ask the right questions is crucial in fighting these charges.

While witness testimony is important in many cases, driving under the influence charges rely on the testimony of a police officer, who is considered an expert witness. Most officers have been on the stand dozens, if not hundreds, of times before and they are not shaken or nervous about speaking in court. They also tend to have experience spotting, arresting and providing testimony against drunk drivers. For these reasons, what they say is generally more believed and accepted by the jury and judge than an average person who is asked to be a witness after they saw a crime occur.

It is the job of your Vista DUI attorney to remind the court that while the police officer may be an expert in this field, he or she is still human, and thus, subject to biases, forgetfulness and errors. One of the most important aspects of the officer’s testimony is his or her reason for stopping your vehicle. If you were not breaking the law and were driving reasonably, the officer might not have had a legitimate reason to stop you. If he or she pulled you over for no reason, your rights were violated and your DUI lawyer may be able to have the charges dropped. Dashboard driving cameras installed in many police cars can help provide additional evidence to backup or contradict the officer’s testimony.

While juries and judges are inclined to believe a police officer’s observations regarding whether or not someone is intoxicated over the observations of a random person, a DUI attorney in Vista might be able to help convince the court that these assumptions aren’t always valid. In fact, a study conducted by scientists from Rutgers University’s Alcohol Behavior Research Laboratory determined that police, social drinkers and bartenders were all equally good at evaluating whether someone was inebriated; with all three groups correctly identifying the subject’s condition only 25% of the time.

Having a Vista drunk driving attorney with expertise in these types of charges is critical when you attempt to fight a DUI. If you have been arrested for driving under the influence in Vista, please call Peter M. Liss at (760) 643-4050.

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Common Questions About Domestic Violence

August 1st, 2014

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Domestic violence is one of those common phrases that few people really understand from a legal perspective. If you have been accused of or arrested for this crime, please call a Vista domestic violence attorney Peter M. Liss as soon as possible to schedule a free consultation. In the meanwhile, these common questions about domestic violence charges could clear some things up for you.

What Is Domestic Violence?

When two people are, or were, involved in a romantic or sexual relationship and one person physically harms the other, domestic violence has occurred.

If I Am Not Married to Someone, Can They Still Accuse Me of Domestic Violence?

Yes, while this offense is most commonly associated with married couples, lovers, exes, people who have had a child together and more can be accused of domestic violence. In some cases, these charges may also be applied when someone abuses a cohabiting elder or family member.

Does Domestic Violence Only  Occur When a Man Hits a Woman?

No, domestic violence can occur between two women, two men or when a woman hits a man. If the two people have an intimate relationship together, these charges can be applied.

I Was Arrested For Domestic Violence, But The Victim Doesn’t Want to Press Charges. Will I Be Released?

No. Unfortunately, the prosecutors will still often press charges in these cases even if the victim does not want the case to move forward. That is why you should always speak with you Vista domestic violence lawyer as soon as you have been arrested for this crime -even if you know your partner won’t press charges.

If There Were No Physical Marks on the Victim, Can I Still Be Charged With Domestic Violence?

Yes. These charges can be brought up for pushing, hair pulling and even emotional abuse combined with threats of physical violence. Actions that leave the victim severely injured can result in more serious charges though.

Can You Actually Fight Domestic Violence Charges?

Yes, you can fight and win. When you work with Vista domestic violence attorney Peter M. Liss, he can help you develop the strongest possible defense, whether it involves arguing that you were acting in self-defense, that the prosecution does not have enough evidence, that you have been wrongly accused and more. It is important to contact a criminal lawyer right away.  Often an experienced lawyer can present evidence to the prosecutor and get the charges reduced or even dropped.

If you have been accused of this serious crime, please call (760) 643-4050 OR (858) 486-3024 to schedule a free consultation with Vista domestic violence defense lawyer Peter Liss.

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What to Do If Your Child Is Arrested

July 28th, 2014

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You probably know that you should immediately contact a lawyer if you have been arrested, but many parents don’t realize that the same advice applies to their children. If your son or daughter is arrested, you should immediately seek a San Diego juvenile lawyer with a proven defense record.

While juvenile courts operate differently than their adult counterparts, a juvenile’s rights are largely the same -including their right to remain silent. When your child is arrested, he or she should insist on remaining silent and speaking to a lawyer -you should speak with a San Diego juvenile defense attorney to discuss the best way to get your child released from custody and what to do next. Juvenile criminal charges do not allow bail for incarcerated minors.  If your child was arrested and being held at Juvenile  Hall, it is important to have a lawyer prepared to argue for release from detention at the first court hearing.

Once you have dealt with the immediate issues involved with getting your child released and obtaining legal representation, there are a number of other things you can do to help your child’s case. When you speak to your son or daughter, tell him or her not to speak to the police until their lawyer is present. Tracking down report cards, reference letters and documentation related to positive achievements by your child can help strengthen your child’s case by showing that he or she is a good student and responsible citizen. Always present these to your San Diego juvenile lawyer for evaluation before giving them to the judge.  Also, make sure to let your child’s attorney know if he or she has a learning disability or mental illness that may affect his or her behavior.

Remember, juvenile courts in San Diego are different than those used for adults who are charged with crimes. It is critical to work with a top San Diego juvenile attorney with experience in this specialized legal system. Peter M. Liss has over 30 years of experience defending juvenile and adult offenders and he can help your child as well. Please call (760) 643-4050 or (858) 486-3024 to schedule a free initial consultation.

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Drunk Driving and the 40 Year Old Virgin

July 25th, 2014

The 40-Year-Old Virgin, starring Steve Carell, Seth Rogen and Paul Rudd, is a cult favorite. While there are a lot of fantastic scenes in the movie, the one that really stands out in the mind of most Vista DUI defense attorneys is the one where a drunk girl gives Andy the (terrifying) ride of his life -as seen above. While watching the scene makes it obvious that Nicky is driving drunk, the real question is how many charges could she face and what defenses would be available to her? Also, could Andy be charged for blowing into her ignition interlock device? Let’s look at these questions one at a time.

First, which laws has Nicky broken during this quick drive? Her first crime is asking Andy to blow into her IID for her. Then she starts driving while under the influence and given how intoxicated she acts, it is possible that she is actually above the .15 BAC limit for increased sentencing. Since she already has an IID, this also means she has at least one prior DUI on her record. Once she starts going, she is driving recklessly at excessive speeds. She then hits what appears to be five different cars and since she doesn’t stop, these would all be hit and run accidents. Finally, the ride is brought to an end when she slams into another car, claiming it “came from nowhere.”

Obviously, there are a lot of rules broken in that scene and any Vista DUI lawyer who chose to defend her would have his hands full. Nicky could face enhanced DUI charges for a second offense with excessive BAC, reckless driving charges, up to five hit and run charges, a misdemeanor for making Andy blow into the IID for her, and her negligent driving caused a serious crash, which could turn the DUI charge into a felony if she caused any injuries or deaths. That means she could face a serious DUI felony charge with enhancement along with up to seven misdemeanor charges.

Since it would probably be pretty difficult to argue that Nicky is completely innocent of all charges, it would be up to her Vista DUI attorney to push for some of the charges to be dropped or to obtain lighter sentencing on her behalf. For example, it would be possible to argue that because she took two shots just before she got in the car that her BAC wasn’t as high while she was driving as it was when she was tested after the car accident. This rising alcohol defense may work to eliminate the excessive BAC enhancement on the DUI charge. Her defense lawyer could also try negotiating for a plea bargain that would result in minimal sentencing for all of these crimes in exchange for her pleading guilty. And since she obviously has received a DUI in the past and still has not been able to stop drinking, entering Nicky into a serious, long-term, alcohol-treatment program might make securing a plea bargain a little easier since it would show that she is committed to changing her ways.

As for Andy, he too committed a crime by blowing into Nicky’s ignition interlock device. This misdemeanor offense is punishable by up to six months in jail and a fine of up to $5,000. The thing is, a person must knowingly break this law in order to be convicted of it. While the police might arrest him if he said that he blew on it before the car started, few prosecutors would press charges without any evidence to show that he knowingly violated the law by blowing on the IID. If charges were filed, it is very unlikely that a Vista DUI attorney could not show the court the prosecution lacks evidence to prove these accusations. So, ultimately, Andy would almost certainly be able to beat these charges.

If you find yourself facing any DUI-related charges, even if it is for unknowingly blowing on someone’s ignition interlock device, it is critical you contact a Vista DUI defense lawyer as soon as possible. Please call (760) 643-4050 or (858) 486-3024 to schedule a free initial consultation with Peter M. Liss, a top drunk driving defense attorney in Vista

Minors In Possession of Alcohol Charges In CA

July 20th, 2014

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In California, being under the legal drinking age doesn’t just prohibit you from consuming alcohol, it also prevents you from being in possession of it in any public place. If you are a minor who has been charged with this crime, or the parent of one, you can fight the charges, but it is critical you speak with a top San Diego juvenile defense attorney as soon as possible.

There are many defenses your San Diego juvenile lawyer can use to help you fight these charges. For example, the minor wasn’t actually in possession of the alcohol, the minor wasn’t in a public place when the police arrested him or her, the police discovered the alcohol during an illegal search and seizure, or the minor was delivering the alcohol for a parent or boss. Many of these defenses cannot be relied on if the minor tells the police information to the contrary, which is why teens, like adults, should never speak with the police without having an attorney present.

If a minor is convicted of being in possession of alcohol, he or she may be sentenced to pay fines, perform community service and to lose his or her driving privileges for a year. With the help of an experienced criminal lawyer,  it is common to have minor in possession charges dropped to a non-alcohol related infraction.  The great advantage to this is the minor doesn’t lose his driver’s license or have a criminal record.

The misdemeanor will also appear on the juvenile’s record, which could affect his or her ability to get into a good college or obtain employment after school. When the minor turns 18, a San Diego juvenile attorney can help him or her to expunge his or her criminal record, but this is not something that happens automatically and it is always better to fight against the charges in the first place than to wait until a minor can have his or her record expunged.

If you are a minor who has been charged with possession of alcohol or the parent of a teen facing these charges, San Diego juvenile crimes defense lawyer Peter M. Liss can help. Please call (760) 643-4050 or (858) 486-3024 to schedule a free initial consultation.

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