Articles Posted in Sex Crimes

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DV-in-Califonia-overview-300x293If we were to time-travel back several decades, we’d see a time in America when domestic violence was “winked at” by our culture. Couples fight, we’d reason to ourselves, and sometimes they hit each other. Incidents of violence in the home were difficult to prove, and law enforcement got involved only reluctantly. Patterns of ongoing abuse would go largely unchecked behind closed doors, largely because most cases were never reported.

Fast-forward to today, and it’s a much different story, especially in states like California, which has led the way in enacting stricter laws and penalties against domestic violence. California today has one of the most expansive and strictest sets of laws intended to protect the victims and prevent patterns of domestic abuse. That said, the laws have become so focused on protecting the victims that unfortunately, sometimes honest misunderstandings get classified as crimes, and innocent people get caught in the crossfire. Simply being accused of domestic violence can cause a person to be arrested, forced from their home and blocked from seeing their children at least until the accusations are sorted out. Even a misdemeanor conviction comes with mandatory jail time, loss of gun rights and other penalties. The victims do, in fact, receive much-needed protection, but for the accused, it’s never been more critical to have an experienced attorney to ensure a fair defense.

If you have recently been arrested for, or charged with, suspected domestic violence, it’s more important than ever to know what you’re up against. The following overview should help provide context regarding the most common charges and what constitutes domestic violence in this state.

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DV-laws-around-the-worldDepending on where we get our information, research has shown that anywhere between 35 percent and 70 percent of women worldwide have been victimized by domestic or sexual violence at some point in their lives. Most laws passed against domestic violence are intended to prevent and punish these acts, but here in the U.S., where we have some of the strongest laws against DV, 20 people still become victims of domestic violence every minute.

Even so, if we look at the research done by human rights activists, we find that America is truly at or near the head of the pack as far as legal protections for women. While many still become victims, they at least have some legal recourse. Let’s examine this issue beyond our shores and look at how domestic violence is handled in other countries around the world.

Countries with No Domestic Violence Laws

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bouncing-back-after-DV-arrest-300x200When you have been arrested on charges of domestic violence—regardless of guilt or innocence—it can seem like time has stood still. Between the possible fracturing of your family and the lurking uncertainty of a trial, you may feel as though life itself has come to a screeching halt.

But whatever the outcome of your charges, at some point this situation will be in the past. Life will move forward, and you’ll have the opportunity to put this setback in the rearview mirror. How you choose to move forward can make all the difference between whether you recover along with your family, or whether (heaven forbid) you wind up back in this situation. To that end, we’ve curated some helpful advice from several professionals coming from a diversity of perspectives on coming back from a personal failure, difficult situation or fracturing life event. Their insights may help you find a map to becoming your best self in the days ahead.

Dr. Roopleen on Bouncing Back After Failure

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Damien (not his real name) sat sullenly in the office of the licensed counselor. Recently arrested for the third time on domestic violence charges against his girlfriend, he was disgusted at his own behavior—and surprisingly puzzled and baffled at his uncontrolled impulses and where they had landed him. Frustrated, he asked the counselor one of the most common questions asked by DV defendants: “How did I get here?”bully-and-DV-los-angeles-300x150

The counselor asked a question that threw Damien off guard: “Were you ever bullied as a child?”

Damien began to weep.

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For many people who find themselves facing domestic violence charges, the problem doesn’t usually begin with the act of violence itself. For most, that catalyst is anger. The violence occurs as an end result of the person’s inability to control the angry emotions welling up inside.anger-300x215

If you’re convicted of a domestic violence charge in California, and sentenced to probation instead of jail, chances are you’ll also be required to attend a “batterer’s class” or some sort of anger management counseling as part of your sentence. But are anger management programs truly effective, and can they help reduce the chances of a repeat offense?

As with most issues, the answer to this question isn’t a clear “yes, it works” or “no, it doesn’t.” The effectiveness of any anger management course depends as much on the cooperation of the participant as it does the nature of the course itself. Modern psychology has recommended a variety of approaches to anger management; some have proven more fruitful than others, and experts now feel some traditional approaches have actually backfired.

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You’ve been charged with a domestic violence crime. You’re worried about your future, your relationships and your freedom. Will you have to go to jail? Will your significant other take you back? How can you avoid overly-harsh punishment or refute what you believe are baseless accusations against you?global-domestic-violence-stats-300x300

While analyzing all these worries, it’s easy to feel isolated. The cultural taboo against domestic violence–especially alleged attacks on children–is profound in the United States. And understandably so. Even if you committed a “bad” act in a moment of passion or weakness, you (hopefully!) don’t wish for a more violent world. But obtaining compassion from friends and family–or even basic understanding–in the wake of DV charges can be hard.

You might find it useful to look outside of your situation and take a 20,000 foot view. How do other countries and cultures grapple with the challenges of domestic violence? What do they do (or fail to do) to protect and be sensitive to victims? What safeguards do they have in place (or not) to ensure fair treatment of the accused?

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contrite-after-domestic-violence-arrest-300x233You hit your significant other. Now you’re facing possible jail time and a restraining order. But while those are serious consequences, the worst, for you, is that you’ve lost the love and respect of someone you really cared about. Is there any way to get that back? To restore normalcy to your life and relationship?

Protect Your Freedom AND Engage in Sober Reflection

It’s one thing to vigorously defend yourself against legal charges related to the domestic violence event. You deserve fairness, and the consequences of a criminal conviction can profoundly affect your financial future, your job prospects and even your freedom. And even though you did (by your own admission) commit a violent act, you need to protect yourself against overly aggressive prosecutors. You’re looking for fairness and a chance to reboot and start again.

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As someone recently accused of domestic violence charges, you’re no doubt acutely aware of the challenges faced by victims. Whether you stand falsely accused of hitting a spouse or partner, or whether you took an action against someone you love that you profoundly regret, it’s important to empathize. After all, finding a resolution to your family crisis—and your criminal case—requires understanding the situation first.falsely-accused-DV-300x221

Unfortunately, those accused of domestic violence—as well as those victimized by violent acts—often look only to the courts to sort things out. Sometimes, sadly, punitive intervention is necessary. But wouldn’t it be better if everyone involved could have their needs met and society provided more (and better) resources to families in trouble?

After all, the end goals we’re all seeking are the same:

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Social media has become an integral part of our lives and our culture. While it has its benefits—it’s fun to stay connected to family and friends—there’s also a downside. Facts get distorted, ugly rumors spread quickly and some unfortunate person’s life can get turned inside out in a matter of hours.losangeles-domestic-violence-charges

So what happens when you get charged with domestic violence? How do you respond if your accuser takes the story public? Your answer may depend on the truth of the charges against you and what impact the social media statements will have on your personal and professional life.

NOTE: Before you respond in any way, speak with a qualified Los Angeles domestic violence defense attorney as soon as possible. Even seemingly minor mistakes with respect to how you handle the situation online can have profound implications for your ability to fight the charges.

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Not all Burbank sex crime cases sound like something out of Orange Is the New Black, the hit TV show about a yuppie woman forced to serve time behind bars for a crime she committed years ago. sex-crime-like-orange-is-new-black.jpg

But a recent case out of Phoenix sounds like it was ripped from an Orange Is the New Black B story.

Phoenix police booked 37-year-old Linda Laibe for photographing and videotaping women in public bathrooms throughout the Phoenix Valley. According to Trent Crump, a local police sergeant, Laibe did her photo and video shoots at restrooms “throughout the valley” in places like Walmart, Chase Field, University of Phoenix Stadium, and the Rainforest Café. The woman then put photos and videos up on the internet and sold them. She faces 38 counts of voyeurism, although authorities are still piecing together exactly how she did what she did and how many women were victimized.

Potential Lessons for Your Burbank Sex Crime Case?

One of the scary aspects of Laibe’s case – from a defendant’s point of view – is that she faces 38 separate counts of voyeurism. Even a single count can lead to major trouble, like jail time, restraining orders, probation, and the like. But in the Southern California legal system, the penalties from various counts can “stack on top of each other” and lead to huge sentences.

For instance, if convicted of a single count of Burbank lewd conduct, your penalty might be a month or two behind bars, depending on factors, such as the nature of the crime and your criminal history. But if you’re convicted of TEN of those charges stacked on top of one another… you could face well over a year behind bars.

Whether you got caught making a single bad mistake – or you systematically violated Burbank sex crime laws – you need to understand your defense options, so you can make rational, sensible decisions. Unfortunately, the law can be quite complicated and confusing. Unprepared defendants can easily say or do things that can complicate their cases and land them in even deeper legal hot water.

Fortunately, you can turn to a trusted Burbank sex crime defense lawyer with the Kraut Law Group for insightful, thorough help.

Just because you made a mistake – or even a series of mistakes – does not mean that you should suffer needlessly. Mr. Kraut is a former prosecutor. He spent 14-years putting defendants like Burbank sex crime offenders behind bars before switching over to represent criminal defendants. He provides regular commentary on Burbank criminal defense for many esteemed publications, like the New York Times, the Los Angeles Times and LA Weekly.

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