Category : Sexual Offenses

Wrongfully Charged Victims

Wrongly Accused in Sex / Murder Case

 

Many innocent persons are wrongly charged victims as a result of police suspecting them of a crime based upon a wrong tip or bad evidence. Their lives are affected when their homes, businesses and personal property are searched, their names are put in the newspaper and their reputations are tarnished with being accused of a crime. Even after they are acquitted or charges are dropped, their lives can continue to be disrupted under the cloud of suspicion initially raised against them.

Matthew Hurayt  Case

Take for instance the Matthew Hurayt  Case. In 2006, Matthew Hurayt and his roommate John McDonough were arrested because a tipster told police that Hurayt had raped and killed De Jesus and buried her body under his new garage. Police searched Hurayt ’s house, dug up his yard and under his garage looking for De Jesus’ remains, which were not found. After spending a weekend in jail for suspicion of aggravated murder of De Jesus, who vanished mysteriously in 2004, Hurayt, a convicted sex offender, and his roommate were ordered released by a Judge on September 25, 2006, who rejected the assistant county prosecutor’s request to increase the bond on an unrelated assault case.

Hurayt subsequently filed a claim for compensation for $20,000 in damages to his property with the city’s Moral Claims Commission, but the claim was rejected.  In 2006, he was convicted on an assault case and released in 2010.  For the past three years, he has been harassed by people who broke his windows, set fire to his garage and harassed him with telephone calls thinking he was still connected to Gena De Jesus’ case.

Gena De Jesus along with victims Amanda Berry and Michele Knight were found alive on Monday May 6, 2013, after a 911 call led police to a house in Cleveland, Ohio where the three young women had been held in captivity for approximately 10 years. In a press conference, De Jesus’ mother called upon the community not to retaliate against the family of the three suspects arrested in the girls’ kidnapping case, referring to the Castro brothers.

Ohio Criminal Defense Attorney Can Help Wrongfully Accused

If you have been wrongfully accused of a crime, an Ohio criminal defense attorney can help you fight the charges and clear your good name and reputation to get the charges acquitted or the case dismissed. Your Ohio criminal defense attorney can also determine if your records can be sealed and help you with the process so that your life is not further disrupted, making it more difficult to find a place to live or a job.  In the circumstance above, Hurayt was convicted of another case and had to register as a sex offender regardless of the false accusations surrounding the De Jesus case.  Our legal system has a basic footing in which “the law presumes that persons charged with a crime are innocent until they are proven by competent evidence to be guilty.”  This quote is found in the comments on Supreme Court case Coffin v. United States, 156 U.S. 432 (1895).

 

 

 

 

Consequences of Hazing

Seriousness of College/High School Hazing Crimes

According to a survey conducted by Alfred University, approximately 80% of all college athletes have been hazed survey. Most hazing on high school, college and pro levels is not reported. However, since 1980, the media has brought to the public’s attention through police reports or the courts more hazing among athletes being abused. Several athletes have suffered serious injuries and death.

Northern Illinois University Fraternity Members Face hazing Charges After Student Dies

A more recent incident involving hazing occurred last year when members of a Northern Illinois University fraternity turned themselves in after the death of a freshman, David Bogenberger, 19. According to the coroner, Bogenberger was found dead on November 2, 2012, as a result of cardiac arrhythmia, with alcohol intoxication and a blood –alcohol content five times that of the legal driving limit, after a night of drinking. The night before Bogenberger’s death, he had participated in a non-sanctioned event called “parents’ night,” which involved fraternity pledges moving from room to room, answering questions from other fraternity members and being provided with alcohol. A spokesperson for the University said the fraternity and 31 members have been accused of violating the school code of conduct and zero tolerance for hazing. The fraternity could be asked to forfeit its standing as a student organization and the students could face expulsion and other penalties.

Illinois Hazing Laws

Under Illinois law, hazing is illegal. According to Lt. Jason Leverton of the Dekalb, Illinois police department, 22 arrest warrants were issued for members of the Pi Kappa Alpha fraternity. Five of the fraternity members were charged with felony hazing and 17 more face misdemeanor charges.   The 17 students facing misdemeanor charges could spend up to one year in jail and receive $10,000 in fines if convicted. The other 5 members charged with felony hazing could spend from one to three years in jail and face $25,000 fines if convicted.  There are 44 other states that have laws banning hazing. The hazing death of Florida A & M drum major Robert Champion in 2011 has also brought the seriousness of college and sports hazing to the forefront.

Participating in a hazing event can have serious consequences, especially if someone dies as a result of the hazing. Persons who have been charged with felony or misdemeanor hazing require the assistance of a good Illinois criminal defense attorney to help them fight the charges. While hazing is sometimes hard to prove and juries have a hard time understanding it, such charges should be taken seriously, as they can ruin a student athlete’s life jeopardizing scholarship and other funding and their chance to play college or professional sports.

 

Sacramento Domestic Violence

Sacramento Domestic Violence

A 36 year old Sacramento man was arrested for allegedly killing his 9 year old son with a hatchet while his son was sleeping on a couch.  Police were called to the scene of a North Sacramento home on Tuesday, February 26, 2013, where they found the victim dead. According to police, another resident of the home heard glass shatter and found the victim. The accused has served time in prison for domestic violence, and was involved in a bitter custody battle with the child’s mother. He is being held in jail and will be arraigned on Friday March 1, 2013.

 

California Domestic Violence Laws

Domestic violence incidents involve an assault, battery, sexual assault, stalking, kidnapping, false imprisonment or any physical injury or death committed by an individual against a spouse or former spouse, family member or relative, person they are currently having a relationship with or have had a past relationship with, or someone living in the same house. You could face felony domestic violence charges, a misdemeanor battery charge or a murder charge if you kill the victim. Under California penal code Section 422, even making a threat to harm a victim is also considered a domestic violence crime.

Sentencing and Penalties

A conviction for a misdemeanor domestic violence offense means you could face a minimum 30 day jail sentence and/or community service as well as having to attend a mandatory 52 week batter’s class. You could receive one year in county jail or two to four years in state prison and/or a fine up to $6,000 for a felony domestic violence conviction. For a murder conviction, you could face 15 years to life in a California state prison or life without the possibility of parole or the death penalty.  Under California’s three strikes law, you could receive a mandatory 25 years to life prison sentence if you are convicted in California of three felony crimes.

Sacramento Domestic Violence Attorney

If you have been arrested for a domestic violence offense or murder in Sacramento, you will need the expertise of an experienced Sacramento domestic violence attorney to help you fight your charges. At Imhoff & Associates-Criminal Attorneys, we understand the seriousness of such charges and the impact a conviction can have on your life and your family.  A good domestic violence criminal defense attorney will investigate the evidence against you, interview witness and negotiate with the prosecutor to either get your charges reduced to a lesser crime, get your alternative sentencing or get your charges dismissed, depending on your case situation.

 

 

 

 

 

Pro-Christian Activist Lawyer Arrested for Juvenile Sexual Criminal Activity

 

Pro-Christian Activist Lawyer Arrested for Juvenile Sexual Criminal Activity

Lisa Biron, a New Hampshire lawyer, who was arrested by the FBI in November 2012 and charged with transportation with intent to engage in criminal sexual activity, possession of child pornography and five counts of sexual exploitation of children, has been found guilty by a jury on January 10, 2013. She faces a 25 year sentence.

What lead to her arrest was a tip that Manchester police received from a man who reported he saw pornography on Lisa Biron’s computer. After obtaining a search warrant for her home, police found pornographic materials on her computer, which included pedophilia. Prosecutors allege that Biron took a teenage girl from Manchester to Ontario, Canada, on May 25 and forced her to engage in sexual acts with men, while Biron made a video recording.  It turned out later that the girl was Ms. Biron’s 14 year old daughter. Biron also videotaped herself having sex with her daughter.

Two witnesses also claimed they had seen Biron in possession of illegal drugs including cocaine, ecstasy, and marijuana, as well as being involved in similar incidents with other juveniles who have been subjected to having sex.

Ms. Biron is part of an anti-gay Christian lawyers’ movement and pro-Christian activist. She is also on the board of directors at Mount Zion Christian School in Manchester.

Child Pornography and Related Penalties and Sentences

Under Section 649-B:3, computer child pornography is prohibited in New Hampshire.

“I. No person shall knowingly:
(a) Compile, enter into, or transmit by means of computer;
(b) Make, print, publish, or reproduce by other computerized means;
(c) Cause or allow to be entered into or transmitted by means of computer; or
(d) Buy, sell, receive, exchange, or disseminate by means of computer, any notice, statement, or advertisement, or any minor’s name, telephone number, place of residence, physical characteristics, or other descriptive or identifying information,
for purposes of facilitating, encouraging, offering, or soliciting sexual conduct of or with any child, or the visual depiction of such conduct.”

Any person who violates this section can be charged with a Class B felony.

Under Section 649-A:3 possession of child sexual abuse images is illegal.

“ I. No person shall knowingly:
(a) Buy, procure, possess, or control any visual representation of a child engaging in sexually explicit conduct; or
(b) Bring or cause to be brought into this state any visual representation of a child engaging in sexually explicit conduct.”

Any person who violates this section can be charged with a Class A felony offense.

Prosecutors in New Hampshire take child pornography and sex crimes involving minors quite serious. The laws are strict. If you are convicted for child pornography or other sexual offenses involving minors in New Hampshire, you are subject to prison time, fines and having to register as a sex offender. It may be difficult for you to find a job or housing once you have served your sentence.

Hiring a New Hampshire Criminal Defense Lawyer

If you are charged with a child sex abuse, child pornography or other sex crimes in New Hampshire, it is extremely important to hire a New Hampshire criminal defense attorney immediately to represent you.  Your criminal defense attorney will carefully review all the evidence against you, hire expert witnesses to testify at trial and mount a vigorous defense on your behalf. Your attorney will negotiate with the prosecutor to try to get your charges reduced to a lesser crime so you don’t have to register as a sex offender, get you alternative sentencing or get the case closed for lack of sufficient evidence or because false allegations were brought against you if case details allow.

 

Head of IMF Charges Dismissed

Head of IMF Charges Dismissed

Charges filed against Dominique Strauss-Kahn, the former head of the International Monetary Fund (IMF) in May 2011 for allegedly sexually assaulting an immigrant hotel housekeeper,  Nafissatou Diallo, in his New York Sofitel hotel room, were dismissed in August of 2011.  Mr. Strauss-Kahn maintained his innocence throughout the ordeal pleading not guilty to all charges. Lack of evidence and credibility issues regarding the accuser’s past ended up undermining the prosecution’s case. The dismissal order was issued by Justice Michael J. Obus of State Supreme Court in Manhattan.

The victim’s lawyer claimed that Mr. Strauss-Kahn forced the victim to perform oral sex.  The victim’s attorney’s motion asking that the District Attorney’s office be disqualified was denied and also struck down on appeal.  The victim’s civil lawsuit suit against Mr. Strauss-Kahn was settled on December 10, 2012 for an unspecified amount of damages. Mr. Strauss-Kahn is expected to return to France after winding up his U.S. personal matters. Mr. Strauss-Kahn still is facing legal troubles in France where he was charged with a different sex crime in October 2011 in Lille.

Hiring a Criminal Defense Attorney

If you have been charged with a sexual assault charge, you could face a long prison sentence, fines, penalties and have to register as a sex offender. You should hire a criminal defense attorney immediately to represent you.

 

Jerry Sandusky Sentencing Update

 

Updated Penn State Scandal and Jerry Sandusky Sentencing

Former Penn State assistant football coach Jerry Sandusky was found guilty of 45 counts in June 2012 of raping or fondling boys he met through his youth charity, The Second Mile, which he founded. On Tuesday, October 9, 2012, a Judge sentenced him to 30 to 60 years in prison. The Judge stated that he expected 68 year old Sandusky to die in prison. Sandusky leaves behind tragedy for his victims as well as scandal at Penn State, which resulted in the downfall of Penn State’s legendary football coach Joe Paterno, who was fired from his coaching position.  Paterno died of lung cancer approximately three months later. Penn State President Graham Spanier was also fired.

There are still four lawsuits pending against Penn State and more expected. During a news conference held on November 1, 2012, Linda Kelly, Pennsylvania’s attorney general, confirmed that former Penn State President Graham Spanier has been charged with five charges: perjury, obstruction of justice, endangering the welfare of children, criminal conspiracy and failure to report suspected child abuse. Kelly also said that Gary Schultz, the former university vice president, and Tim Curley, the former athletic director would face the same five charges. Gary Schultz and Tim Curly are also awaiting their trials in January 2013 for lying to the grand jury that investigated them.

An investigation commissioned by Penn State and headed by former FBI Director Louis Freeh found that Paterno and other top officials at Penn State had covered up the allegations against Sandusky for more than a decade to avoid negative publicity for the school. Since the scandal broke, Penn State has received a record $60 million penalty by the NCAA, the team has been barred from post season play for four years, the number of scholarships it can award has been reduced and Paterno has been stripped of his standing as the coach with the most college football wins, as a result of what might be called the biggest scandal in college sports history.

Sandusky denies committing any acts against children and claims he is the victim.  Plans for appeal are underway as Sandusky claims, among other things, that his defense team was denied sufficient time to prepare for trial after his November 2011 arrest. Lawyers representing the victims expressed their satisfaction with Sandusky’s sentence.

Pennsylvania Penalties

Prosecutors in Pennsylvania take child sexual abuse cases very seriously. Facing sexual abuse charges under Pennsylvania Statutes Sections 3121-3130 means you could be charged  with felony rape, involuntary deviate sexual intercourse, sexual assault, institutional sexual assault, aggravated indecent assault, or misdemeanor charges for indecent assault, indecent exposure, sexual intercourse with an animal or conduct relating to sex offenders.

You could face a minimum of 10 years to a maximum of 40 years and fines up to $100,000 for offenses that involve rape and multiple deviate sexual intercourse with minors and also be required to register as a sex offender for life. This could affect your chances of getting a job or finding a place to live. As in the Sandusky case, even if you did not commit a sex abuse crime, you could also be charged for failing to report such crime to law enforcement or face perjury charges for not disclosing information under oath.

Criminal Defense Attorney Assistance

If you are charged with child sex abuse crimes in Pennsylvania, it is imperative that you hire a Pennsylvania criminal defense attorney immediately to represent you. At Imhoff & Associates-Criminal Attorneys , we understand the seriousness of such charges, and we will build a strong and vigorous defense on your behalf. Your Imhoff criminal defense attorney will interview witnesses, review arrest reports and other evidence against you, as well as hire expert witnesses to testify at trial. The Imhoff criminal defense attorney will work hard to get the best outcome of your case.

 

 

 

 

Internet Sex Crime

 

 

 

 

 

 

26 Men arrested in connection with Internet Sex Crimes

A Lake County Florida sheriff’s Cyber Crimes detective announced the arrest of 26 men in connection with traveling for sexual activity with a child. Working together with an Internet task force of other law enforcements agencies, the operation known as  “Operation: Take Two,” which occurred during the time period July 23 through July 29 in a vacant home in the Tavares, Florida area resulted in the arrests of the 26 men. Detectives posted as children or guardians of children in online chat rooms. When they were solicited for unlawful sexual activity, they arranged for the alleged suspects to meet. Suspects were then taken into custody. The men arrested in connection with the crime range in ages from 19 to 69. The detectives also seized four vehicles in connection with the arrests.

Prefile Case

A prefile case investigation involving an Internet Sex crime should be taken seriously. It can ruin your life whether you hold a high profile government or corporate position, are a person of notoriety or are just an ordinary citizen.  A prefile case is when a person is under suspicion and investigation by law enforcement or a prosecuting agency prior to formal charges being filed against them for a matter such as an Internet sex offense. If you are being questioned or intimidated by law enforcement officers regarding the investigation of an alleged Internet sex crime, even if you did not commit the crime, the investigation means you may be considered a suspect or a lead in a crime. It is recommended that you seek the advice of a criminal defense attorney immediately.
Penalties    

Internet sex crimes include the following:

•    Possession and/or distribution of child pornography
•    Solicitation of a minor in a chat room
•    Use of a web cam offense
•    Attempted sexual contact with a minor child
•    Child endangerment
•    Stalking
•    Other related offenses

While Internet sex crimes can involve minors or adults, prosecutors take cases involving child pornography or solicitation of minors much more seriously. For instance, you could be charged with a third degree felony in Florida for downloading child pornography, or a first degree felony for producing or promoting child pornography and face a prison sentence between 5 to 13 years. A felony conviction for solicitation of a minor in a chat room could get you a minimum 21 month to a maximum 5 year prison sentence, a fine up to $5,000 and 5 years of sex offender probation. A conviction for lewd conduct for exposing yourself on the Internet with no physical contact with the victim, you could be charged with a second degree felony if you are over the age of 18 and a third degree felony if you are under the age of 18 years. Convictions for Internet sex crimes also may require you to register as sex offender for life and make it harder for you to find a job or a place to live.

Hiring a Florida Criminal Defense Attorney

If you are under investigation or suspicion for an Internet Sex crime or facing charges for such an offense, you should contact a Florida criminal defense attorney at once to represent you. Imhoff & Associates –Criminal Attorneys understand the severity and implications of being suspected in a prefile Internet sex offense matter. Your Imhoff criminal defense lawyer will investigate the evidence against you by speaking with investigators/prosecutors handing the matter to determine whether they have sufficient evidence to charge you and try to get the prefile investigation closed, saving you the stress and embarrassment of an arrest.  If you have already been charged with an Internet sex crime, the attorney will negotiate with the prosecutor to get your charges reduced to a lesser crime, get your probation, community service or get the case closed

Internet Sex Crime – Pre-file

 

Internet Sex Offenses in Florida

An online prostitution investigation was conducted by the Polk County Sheriff’s Department undercover detectives from August 24, 2012 through August 30, 2012, resulting in 89 suspects being arrested, including the principal of Kathleen High School, Cecil Edward McClellan. According to police, McClellan agreed to pay undercover detective money in exchange for sex. He was subsequently arrested when he arrived at the hotel wearing a Kathleen High School football shirt. Another suspected arrested in the case was 39 year old Glen Kershaw from  Orlando, Florida who was charged with traveling to meet a minor for sex, attempted sexual battery on a minor under 12, use of computer to entice a guardian, and unlawful use of two-way communication.

The remaining suspects were charged with crimes ranging from solicitation of prostitution, offering to commit prostitution, deriving proceeds from prostitution, aiding and abetting prostitution traveling to meet a minor for sex, drug charges and battery on a law enforcement officer.

Sheriff Grady Judd was quoted as saying “Prostitution is illegal and those who commit or who derive proceeds from this crime in Polk County can expect to go to jail. The negative social costs of prostitution hurt families, children and communities. Whether it is on the street, or online, it is illegal and we will continue to investigate and arrest those involved in prostitution.”

 

What is a Prefile Internet Sex Case?

A prefile case occurs when someone is under investigation for an Internet sex crime, but has not been arrested or charged yet. Even if you are not guilty of committing the crime, you still could be considered a lead suspect or person of interest.  It is important to seek legal advice from a Florida criminal defense attorney during the investigation to help avoid prosecutors from charging you with an Internet sex offense.  The attorney will talk to the prosecutor to find out what evidence they have against you and help clear up any misunderstandings or false accusations and also make sure that police are not planning on engaging in any kind of entrapment tactics against you.

 

Charges and Penalties

Facing charges for an Internet sex crime in Florida is serious, especially when a minor is involved.  Internet sex crimes may include the following types of crimes:

• Possession or distribution of Internet child pornography
• Online solicitation of a minor for sex whether consensual or not
• Luring of a minor in a chat room
• Conducting an online escort/prostitution service
• Sending or receiving nude photos by teenagers using a cell phone

 

Penalties:

Third degree felony for downloading child pornography or a first degree felony for producing or promoting child pornography.

Solicitation of a minor in a chat room -a  minimum 21 month to a maximum 5 year prison sentence, a fine up to $5,000 and 5 years of sex offender probation if convicted.

Second degree felony if over the age of 18 or a third degree felony if under the age of 18 for lewd conduct for exposing yourself on the Internet with no physical contact with the victim.

Prison sentences between 5 and 13 years and fines up to $5,000, sex offender probation and registration as a sex offender for life.  A conviction could also mean that it may be difficult for you to find a job or place to live.

 

Hiring a Florida Criminal Defense Attorney

If you are being investigated or considered a suspect in a pre-file Internet sex case, or you have been charged with an Internet sex offense in Florida, you should hire a Florida criminal defense attorney immediately. Imhoff & Associates –Criminal Attorneys understand how serious being accused of an Internet sex crime can be, and we will use all resources available to try and get the prefile investigation closed. If charges have already been filed against you, we will raise strong affirmative defenses such as entrapment, mistaken identity or that you had no intention of engaging in sex in order to get the charges reduced, get your probation, community service or get your case dismissed.

State of Violent Crimes in America

Although data shows that violent crimes are declining in America, this is really nothing new–the real story is that the rate of decline has slowed.  In many regions, the numbers of violent events are lower, but by a smaller margin than previous years — and the ultimate violent crime is skyrocketing in some locales.  Get the real facts below.

If you know you are a suspect or have been charged with a violent criminal offense, you do need a criminal defense lawyer as soon as possible.   Learn about Imhoff & Associates here and more about related DUI/DWI information.

No Charges to be Held Against Imhoff and Associates Client Wrongfully Accused of Child Molestation

With the help of the Imhoff and Associates Criminal Defense law firm, the potential sex crime case against Luis Galicia, a San Diego resident wrongfully convicted of child molestation, has been officially closed with no charges re-filed.  The Prefile case successful outcome presents a tremendous victory for Galicia and his family.

San Diego, CA, March 05, 2012 – Prosecutors in San Diego announced on February 22, 2012 that no charges would be pressed against Imhoff & Associates client Luis Galicia, who had been wrongfully convicted of child molestation (San Diego County case #SCN242198).  Defense lawyer Shannon Dorvall of the Imhoff & Associates law firm successfully reversed the conviction, presenting a tremendous victory for the law firm. With the announcement, the Galicia Family can now put the nearly four-year ordeal behind them.

On November 23, 2011 Shannon Dorvall secured Galicia’s release from Corcoran State Prison in California and had the sex crime case conviction overturned by the San Diego County Superior Court.  Following a jury trial, which was handled by a different law firm, Galicia was convicted of the sexual molestation of his sister (San Diego County case #SCN242198).  Child molestation is a serious sex crime and Galicia was sentenced to serve two “15 to life” sentences and a lifetime registration as a sex offender.

Following the conviction of the sexual molestation case, Imhoff & Associates was approached by the Galicia family for help in filing an appeal. The criminal defense law firm filed an appeal in the Court of Appeal for the Fourth Appellate District (D056214) seeking to have the Galicia’s sex crime case overturned.  During the course of waiting for the court to rule and at the criminal law firm’s guidance, the family had the sister examined by two other doctors, who disagreed with the state’s doctor’s testimony and asserted that the sister’s hymen was intact, therefore she had never had sex.

The San Diego County District Attorney’s Office agreed to review the case and requested assistance from the Children’s Hospital, who reviewed the trial photos and examined the sister. The hospital corroborated the family’s newly acquired evidence, lending further credence to Galicia’s defense.

Criminal attorney Shannon Dorvall filed a writ of habeas corpus with the Court of Appeal for the Fourth Appellate District (D060586) who then ordered a hearing.  At the hearing, the District Attorney confirmed the invalidity of the evidence presented at the original trial.  The court granted Dorvall’s motion, the sexual molestation conviction was overturned and the court ordered Galicia released from prison.

Ms. Dorvall commented, “We are grateful that this nightmare is over.  It is unfortunate my client was ever charged in the first place, and it was a terrible injustice that he had to spend four long years in prison for a crime he did not commit.  We have said all along that the facts showed my client was innocent, that the facts could not be ignored.  The facts were presented and the truth has prevailed.  We are grateful for the support of so many family and friends who never doubted my client.  Now, it is time to begin to heal and time to regain his life.  I hope this sends a loud and clear message to prosecutors everywhere that the injustice of a wrongful prosecution should never happen again.”

Imhoff and Associates joins Galicia’s family in celebrating this triumph, and believes that no other family should have to suffer such an ordeal. To learn more about Imhoff & Associates Criminal Defense Law Firm, visit http://www.criminalattorney.com or call 1-888-726-0574.

Univision San Diego’s coverage of the case can be viewed at http://www.univisionsandiego.com/noticia/2012/02/22/341228-luis-galicia-es-hombre-libre.html.

About Imhoff & Associates
Imhoff & Associates is one of the largest criminal defense firms in the country, with outstanding attorneys located in various states across the nation. The firm is dedicated to providing excellent quality legal representation, and is open late nights and on weekends. Visit http://www.criminalattorney.com or call 1-888-726-0574 for more information.

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