The Phillips Law Offices: Sex Crimes Defense Attorney
Placer County Criminal
Defense Attorneys
Sex Offenses
At The Phillips Law Offices the goal is to prove innocence whenever possible,
to seek treatment when appropriate, and to maintain fairness and balance in
the system. Practicing in all of Placer, Sacramento, El Dorado, Butte and
Nevada Counties. We represent individuals accused with:
Penal Code 243.4 Sexual Battery
Penal Code 261.5 Statutory Rape
Penal Code 288 Lewd Acts with a Child
Penal Code 290 Failure to Register as a Sex Offender
Penal Code 311 Child Pornography
Penal Code 314 Indecent Exposure
Penal Code 647(a) Lewd Conduct in Public
Penal Code 647(b) Prostitution Solicitation
Penal Code 261 Rape
Penal Code 262 Drug induced rape
Penal Code 289 Sex Penetration
All Sex Computer crimes
Sexual Violent Predator civil commitments
The Phillips Law Offices provide criminal defense services in Nevada, Placer,
Sacramento, Butte and El Dorado counties on serious felony and misdemeanor
sex charges. We have extensive experience successfully defending the most
serious of sex charges. Many of our cases are referred by other attorneys as we
pride ourselves in accepting and successfully defending tough cases other
attorneys won't take.
The justice system is handing down overwhelming harsh sentences for sex
offenses at every level, including even misdemeanor sex offenses. If an
individual is convicted, prison may only be the beginning. Sex offender
registration lasts a lifetime and is required for not only felony convictions but
misdemeanors as well. Moreover, if a person is labeled a “sexually dangerous
predator” after they serve a prison sentence- then they can be indefinitely
committed to a mental institution in California. And now, new laws require
lifetime GPS monitoring and strict residence requirements where a person
can even live.
At the same time, false allegations are on the rise. ( See "child suggestibility")
The reasons for this are complicated; but we are aware of many of the
dynamics involved in aggressively representing an individual charged with
a sex offense.
At The Phillips Law Offices the goal is to prove innocence whenever possible,
to seek treatment when appropriate, and to maintain fairness and balance in
the system.
To accomplish these goals, the firm uses a variety of legal tools, including
psychiatric evaluation and testimony. Our sex crimes defense attorneys work
closely with forensic psychiatrists and psychologists to understand and
communicate the intent and the capacity of the person charged with a sex
crime, and to fully explore all mitigating circumstances.
Types of Cases We Handle:
Child Molestation
Studies have repeatedly shown that over half of molestation-abuse
accusations are false, yet this crime is one of the simplest for a prosecution
and has the highest conviction rate of any felony charge. The accusation
alone, even if unsubstantiated can ruin lives.
The accusation of an alleged molest often times start in a divorce/custody
battle or some other family dispute. Sometimes anonymous, a false
accusation of abuse can lead to the removal of your children by CPS,
termination of parental rights, to criminal charges and ultimately to a prison
sentence. Understanding how these allegations can arise and how the
criminal justice system deals with them, is your best defense.
Child Physical Abuse
A little knowledge is dangerous... and more and more the freedom given to
Child Protective Service workers (CPS) in defining corporal punishment is
what most often leads to false allegations of physical child abuse. Biased staff
combined with often unchecked power; and a judicial system that relies on
information from people in the employ of the government will lead to
criminal charges being filed. CPS may mean well, but in a time of almost
weekly news where overworked staff fail to fully investigate the actual facts
of a case- leads to an attitude of 'shoot first and aim later'.
False Memory Syndrome
The psychological area dealing with sexual assault is full of 'junk science' and
misapplication of good science. Repressed Memory is the latest fad among
therapists. Their unorthodox methodology is used to revive memories of
childhood incest in order to explain away adult problems. Individuals who
make allegations of sexual abuse against one of their parents as a result of
'recovered memory therapy' may be the victims of a dangerous fad. There is
little support for such procedures in the professional literature as so called
memories may have been created through suggestive and invasive
techniques, especially if there is no corroborating evidence of abuse.
Internet Stings
How is it possible to sit at your own computer exercising your 1st amendment
rights and be the subject of a police Internet sting operation? Actually, it is
quite easy once you understand the law.
In the State of California all "attempt" crimes carry as a sentence one half of
the underlying crime. Lewd acts with a minor under the age of fourteen years
(Penal Code § 288(a)) carries eight years in prison; therefore, attempted lewd
acts with a minor under the age of fourteen carries four years in the state
prison. Although, these 'stings' are becoming more common by law
enforcement and computers are being routinely seized, a careful and detailed
review of the facts is always required.
Rape
The criminal allegation that is easy to claim and increasingly difficult for the
defendant to disprove. In addition to 'rape shield' laws that severely restrict a
defendant's ability to cross examine his accuser, California also has Evidence
Code § 1108 that further crippled a defendant's ability to remain innocent in
the eyes of the jury until proven guilty. The code section allows the
prosecution to introduce mere allegations, of defendant's character, made by
other women allegedly assaulted on previous occasions to prove that a rape
occurred in the currently charged offense. However, no corroborative
evidence is required to introduce these alleged prior incidents! There does
there have to exist a criminal charge or even a prior police report. The
uncorroborated word of a single individual is sufficient. Nonetheless, The key
to a successful rape defense is a complete investigation into all the facts of the
case and working closely with forensic experts.
Spousal Abuse
Unfortunately, there is oftentimes a gender bias in the enforcement of the
law. The penal code sections do not distinguish between the accused being a
man or a women. However, the vast majority of the people entrusted to
enforce these laws favor a woman's testimony, not only because of cultural
bias, but because of the out-dated psychological training that the police,
judges and prosecutors receive from one school of health care professionals.
In the vast majority of cases, the man is arrested and the women left in the
house. It is much less common that officers have each of the individuals make
a citizen's arrest of the other, and then transport them both to jail. Even in
this situation, however, when the officer files a report stating he arrested both
male and female parties, research and experience shows that the prosecutor
usually proceeds with charges against the man and releases the woman.
Please feel free to contact me personally and confidentially at The
Phillips Law Offices by e-mail or call toll-free: 1-800-978-0186 for a
strictly confidential consultation.
For more information visit:
sexcrimes-attorney.com
Defense Attorneys
Sex Offenses
At The Phillips Law Offices the goal is to prove innocence whenever possible,
to seek treatment when appropriate, and to maintain fairness and balance in
the system. Practicing in all of Placer, Sacramento, El Dorado, Butte and
Nevada Counties. We represent individuals accused with:
Penal Code 243.4 Sexual Battery
Penal Code 261.5 Statutory Rape
Penal Code 288 Lewd Acts with a Child
Penal Code 290 Failure to Register as a Sex Offender
Penal Code 311 Child Pornography
Penal Code 314 Indecent Exposure
Penal Code 647(a) Lewd Conduct in Public
Penal Code 647(b) Prostitution Solicitation
Penal Code 261 Rape
Penal Code 262 Drug induced rape
Penal Code 289 Sex Penetration
All Sex Computer crimes
Sexual Violent Predator civil commitments
The Phillips Law Offices provide criminal defense services in Nevada, Placer,
Sacramento, Butte and El Dorado counties on serious felony and misdemeanor
sex charges. We have extensive experience successfully defending the most
serious of sex charges. Many of our cases are referred by other attorneys as we
pride ourselves in accepting and successfully defending tough cases other
attorneys won't take.
The justice system is handing down overwhelming harsh sentences for sex
offenses at every level, including even misdemeanor sex offenses. If an
individual is convicted, prison may only be the beginning. Sex offender
registration lasts a lifetime and is required for not only felony convictions but
misdemeanors as well. Moreover, if a person is labeled a “sexually dangerous
predator” after they serve a prison sentence- then they can be indefinitely
committed to a mental institution in California. And now, new laws require
lifetime GPS monitoring and strict residence requirements where a person
can even live.
At the same time, false allegations are on the rise. ( See "child suggestibility")
The reasons for this are complicated; but we are aware of many of the
dynamics involved in aggressively representing an individual charged with
a sex offense.
At The Phillips Law Offices the goal is to prove innocence whenever possible,
to seek treatment when appropriate, and to maintain fairness and balance in
the system.
To accomplish these goals, the firm uses a variety of legal tools, including
psychiatric evaluation and testimony. Our sex crimes defense attorneys work
closely with forensic psychiatrists and psychologists to understand and
communicate the intent and the capacity of the person charged with a sex
crime, and to fully explore all mitigating circumstances.
Types of Cases We Handle:
Child Molestation
Studies have repeatedly shown that over half of molestation-abuse
accusations are false, yet this crime is one of the simplest for a prosecution
and has the highest conviction rate of any felony charge. The accusation
alone, even if unsubstantiated can ruin lives.
The accusation of an alleged molest often times start in a divorce/custody
battle or some other family dispute. Sometimes anonymous, a false
accusation of abuse can lead to the removal of your children by CPS,
termination of parental rights, to criminal charges and ultimately to a prison
sentence. Understanding how these allegations can arise and how the
criminal justice system deals with them, is your best defense.
Child Physical Abuse
A little knowledge is dangerous... and more and more the freedom given to
Child Protective Service workers (CPS) in defining corporal punishment is
what most often leads to false allegations of physical child abuse. Biased staff
combined with often unchecked power; and a judicial system that relies on
information from people in the employ of the government will lead to
criminal charges being filed. CPS may mean well, but in a time of almost
weekly news where overworked staff fail to fully investigate the actual facts
of a case- leads to an attitude of 'shoot first and aim later'.
False Memory Syndrome
The psychological area dealing with sexual assault is full of 'junk science' and
misapplication of good science. Repressed Memory is the latest fad among
therapists. Their unorthodox methodology is used to revive memories of
childhood incest in order to explain away adult problems. Individuals who
make allegations of sexual abuse against one of their parents as a result of
'recovered memory therapy' may be the victims of a dangerous fad. There is
little support for such procedures in the professional literature as so called
memories may have been created through suggestive and invasive
techniques, especially if there is no corroborating evidence of abuse.
Internet Stings
How is it possible to sit at your own computer exercising your 1st amendment
rights and be the subject of a police Internet sting operation? Actually, it is
quite easy once you understand the law.
In the State of California all "attempt" crimes carry as a sentence one half of
the underlying crime. Lewd acts with a minor under the age of fourteen years
(Penal Code § 288(a)) carries eight years in prison; therefore, attempted lewd
acts with a minor under the age of fourteen carries four years in the state
prison. Although, these 'stings' are becoming more common by law
enforcement and computers are being routinely seized, a careful and detailed
review of the facts is always required.
Rape
The criminal allegation that is easy to claim and increasingly difficult for the
defendant to disprove. In addition to 'rape shield' laws that severely restrict a
defendant's ability to cross examine his accuser, California also has Evidence
Code § 1108 that further crippled a defendant's ability to remain innocent in
the eyes of the jury until proven guilty. The code section allows the
prosecution to introduce mere allegations, of defendant's character, made by
other women allegedly assaulted on previous occasions to prove that a rape
occurred in the currently charged offense. However, no corroborative
evidence is required to introduce these alleged prior incidents! There does
there have to exist a criminal charge or even a prior police report. The
uncorroborated word of a single individual is sufficient. Nonetheless, The key
to a successful rape defense is a complete investigation into all the facts of the
case and working closely with forensic experts.
Spousal Abuse
Unfortunately, there is oftentimes a gender bias in the enforcement of the
law. The penal code sections do not distinguish between the accused being a
man or a women. However, the vast majority of the people entrusted to
enforce these laws favor a woman's testimony, not only because of cultural
bias, but because of the out-dated psychological training that the police,
judges and prosecutors receive from one school of health care professionals.
In the vast majority of cases, the man is arrested and the women left in the
house. It is much less common that officers have each of the individuals make
a citizen's arrest of the other, and then transport them both to jail. Even in
this situation, however, when the officer files a report stating he arrested both
male and female parties, research and experience shows that the prosecutor
usually proceeds with charges against the man and releases the woman.
Please feel free to contact me personally and confidentially at The
Phillips Law Offices by e-mail or call toll-free: 1-800-978-0186 for a
strictly confidential consultation.
For more information visit:
sexcrimes-attorney.com
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