Sex Crimes

San Jose Sex Crimes:

In San Jose, the Santa Clara District Attorney is responsible for prosecuting sex crimes and will do so with all the power and might of its office. Sex crimes are notoriously easy to allege. Vigorous and aggressive criminal defense representation is essential to preserve your innocence. There are many sex crimes in the California Penal Code, including:

• Rape
• Statutory rape
• Spousal rape
• Soliciting lewd conduct
• Engaging in lewd conduct
• Lewd acts with a child under 14
• Soliciting prostitution
• Engaging in prostitution
• Indecent exposure
• Possession of child pornography
• Failure to register as a sex offender

Conviction of a sex crime will usually result in a lifetime requirement to register as a sex offender. Sex offender status severely impacts where you can live, work and even take a walk. Sex offenders have strict boundaries and may not go near schools, daycare centers or wherever children meet or play. If you have been arrested with a sex crime, immediately obtain qualified legal representation from an experienced San Jose sex crime criminal defense attorney. Call our office for a free consultation.

San Jose Sex Crimes - From Arrest to Trial:

If you are charged with a sex crime or other California offense, you are likely to be required to attend numerous court dates, hearings and appointments. You will find yourself in unfamiliar territory. If you are fortunate enough to have an experienced San Jose criminal defense attorney to represent you, in many cases he will be able to go to court for you and make motions on your behalf. Your life will be subject to fewer interruptions and less stress. What you must realize is that once you are arrested, the case takes on a life of its own:

• Arraignment – this is usually the first court hearing after your arrest. This is where you will be formally charged with your offense(s).  Additionally, bail will be set or you may be released on your own recognizance (or someone else's custody). If you do not qualify for either you will be remanded back to jail.
• Preliminary Hearing – this where the state presents its evidence as to why you should go to trial, and where your attorney speaks on your behalf as to why you should not go to trial.
• Grand Jury – basically a private hearing where citizens review the evidence against you and frequently approve the prosecutor's motion to take your case to trial. If there is a an extremely weak case it can get dismissed. Grand jury hearings frequently favor the prosecution's efforts to proceed with the case.
• Indictment – the formal charges against you are made in the indictment.
• Trial – if a plea bargain is not reached prior to this time, or if the case is not dismissed, the trial will proceed.
• Appeal – if you are found guilty you have the right to appeal your case.

These are complicated and specific legal processes. You will need proper and qualified legal representation to skillfully handle your case. Obviously you are advised to not represent yourself. Consequences may include jail, prison, fines, probation, supervision and other restrictions. Obtain the services of an experienced sex crimes attorney in San Jose.  Call our offices now for a free consultation.

San Jose Spousal Rape:

One of the most common, yet often unreported rapes is spousal rape – engaging in forcible sex with one's wife or husband. This is a felony in California and the penalties are similar to non-spousal rape. Marital rape laws are specified in California Penal Code 262 (interestingly, California did not adopt a spousal rape law until 1979). According to California Penal Code 261, rape contains the following elements, although the statutory definition is more complex:

• nonconsensual intercourse,
• against a person's will,
• by means of force, violence, duress, menace, or
• fear of bodily injury, and/or where the victim is
• unable to resist

Obviously, rape is an egregious offense that violates the free will of another. Our society protects the rights of the individual against unpermitted sexual contact and conduct. However, it is relatively simple for a wife or a husband to accuse the other of rape. Usually, of course, a female is far more likely to accuse a male of rape than it is for a male to accuse a female. One of the problems with spousal rape accusations is that the wife can engage in consensual sex with her husband and still make claims that the sex was nonconsensual. A rape test will reveal his semen, blood and tissue cells on and in her. The accuser can quite easily set up the accused for any number of reasons, including the desire for a monetary settlement or a divorce. The ultimate question is, was the sex consensual or not?

If you have been accused of spousal rape, it is imperative that you obtain the legal counsel of a qualified and experienced San Jose rape attorney. The faster you obtain counsel, the more likely you are to make correct decisions and choices pertaining to your case. Otherwise, you will not know what actions to take, or you may unknowingly incriminate yourself. Your freedom and future may be on the line. Do not hesitate. You may call our office now and schedule a free legal consultation. This is a valuable opportunity for you and may be the most important decision of your life.

Federal Laws Protecting Children:

Federal statutes are enacted to protect children from sexual abuse and exploitation. These laws, many of which are categorized in Title 18, United States Code, prohibit specific illicit activities such as child pornography:

• Material constituting or containing child pornography
• Transportation of minors
• Obscene visual representations of the sexual abuse of children
• Sexual exploitation of children
• Selling or buying of children

If you are convicted of a federal sex crime violation, you face federal incarceration, large fines, mandatory sexual offender registration for life and other court ordered restrictions - your life as you now know it will be over. Legal representation by an experienced San Jose federal sex crimes defense attorney is essential. A San Jose criminal defense lawyer is familiar with the United States Attorney's Office as well as the Office of the Santa Clara District Attorney. Often, federal, state and local prosecutors combine resources and talent in an effort to obtain a conviction. You should not attempt to face this alone. A lawyer from the public defender's office is almost always extremely overloaded with cases and does not have adequate time to spend on your particular case. Call us now for a free consultation.

Extra - San Jose Rape Statistics:

According to the San Jose Police Dept., there were 253 rapes in 2010, or 24.7 rapes per 100,000, based on a population of about 1 million.

Rape statistic data from 2005 – 2010:

Year:                     Rapes:          Rapes per 100,000

2010                     253                24.7

2009                     258                25.6

2008                     220                22.2

2007                     217                22.3

2006                     217                22.8

2005                     263                27.8          

For each reported rape there are unknown numbers of non-reported rapes. If you are charged with rape, spousal abuse or a sex crime, you are encouraged to immediately obtain skilled legal representation from a qualified San Jose criminal defense lawyer to mount your legal defense. Call us now for a free consultation. You do not want to face this alone. It can be a terrifying process and you need the help of a professional to guide, support and represent you. Let your lawyer take care of the case for you. You have a lot on your mind now and you do not need more stress. Call us now to see how we can help.

San Jose, Santa Clara, California Resources:

• United States Attorney, Northern District of California, 150 Almaden Blvd., Suite 900, San Jose, CA 95113
• Department of Alcohol and Drug Services: (408) 792-5651

• Assessment Center: (408) 468-1870
• Adult Probation Office: ((408) 435-2100

• The Superior Court of California, County of Santa Clara,  www.scscourt.org/
• Santa Clara Downtown Superior Court (DTS), 191 N. First St., San Jose CA 95113, (408) 882-2120
• Criminal Cases: Hall of Justice, 190-200 West Hedding Street, San Jose, CA 95110, (408) 808-6600
• The Superior Court of California, County of Santa Clara, Main Hall of Justice Phone Number: (408) 808-6600
• The Superior Court of California, County of Santa Clara, Mailing Address: 191 N. First Street, San Jose, CA 95113
• California Courts, Judicial Branch Home, www.courts.ca.gov/home.htm
• U.S. District Court, Northern District of California, www.cand.uscourts.gov/home
• Office of the District Attorney, Santa Clara County, 70 West Hedding Street, West Wing, San Jose, CA 95110,
• Office of the District Attorney, Santa Clara County, (408) 299-7400, www.santaclara-da.org/portal/site/da/
• Office of the District Attorney, Santa Clara County, email,   ombudsman@da.sccgov.org