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 261Rape
Penal Code 262 Drug induced rape
Penal Code 289 Sex Penetration
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
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 261Rape
Penal Code 262 Drug induced rape
Penal Code 289 Sex Penetration
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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Phillips Law Offices...
You're Not Alone,We Stand Strong with Our Clients
In the Pursuit of Justice.
You're Not Alone,We Stand Strong with Our Clients
In the Pursuit of Justice.