Internet Pornography – CA Obscenity Law Defense Attorney

Internet pornography is governed by both California state law and by federal law too. Generally, the purposes of the internet pornography laws are similar to pre-existing pornography laws that govern such things as books, magazines, and pornographic videos. Many of the laws either fall under the category of obscenity laws or laws that were created to prevent the exploitation of children.

Obscene material, whether it is on the internet or in magazines is considered illegal and a person can be prosecuted for selling such material. There is no First Amendment right to obscene speech. According to current Supreme Court law on obscenity, material is considered obscene when “to the average person, applying contemporary community standards, the dominant theme of the material, taken as a whole, appeals to the prurient interest.” This confusing language is quite ambiguous and the Supreme Court often finds itself debating about the meaning of this standard. A conviction for obscenity crimes can result in both civil and criminal forfeiture.

The question of obscenity is one for the jury. Therefore, it is best to use an experienced and qualified criminal defense attorney who can develop a rapport with the jury. Often times in American history, overzealous prosecutors with political intentions have prosecuted obscenity cases. These cases are often controversial and high profile. It is important to use an attorney who is used to the spotlight and not a person who may not be able to handle the pressure that such cases bring to bear upon the defendant and the defense team as well.

Federal and state law prohibit images that depict a minor either engaging in or simulating sexual conduct. This prohibition extends to anyone who mails, transports, distributes, reproduces, advertises, promotes, solicits, or presents such material. The state and federal definitions do vary, so it is important to get a qualified criminal lawyer who knows the differences. Furthermore, the penalties and fines between California law and federal law vary too.

The California Penal Code states that, every person who knowingly possesses or controls any matter, representation of information, data, or image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disc, data storage media, CD-ROM, or computer-generated equipment or any other computer-generated image that contains or incorporates in any manner, any film or filmstrip, the production of which involves the use of a person under the age of 18 years, knowing that the matter depicts a person under the age of 18 years personally engaging in or simulating sexual conduct, is guilty of a public offense and shall be punished by imprisonment in the county jail for up to one year, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both the fine and imprisonment.”

Federal law requires anyone who produces any book, magazine, periodical, film, videotape, digital image, digitally- or computer manipulated image of an actual human being, picture, or other matter which contains one or more visual depictions made after November 1, 1990 of actual sexually explicit conduct that will be interstate or foreign commerce, shall create and maintain individually identifiable records pertaining to every performer portrayed in such a visual depiction. This requires that a person producing such material to get proper identification from the performer as well as to ascertain any information that may be necessary to determine the performer’s age. A producer is considered someone who creates the original material or someone who puts the material in a catalogue or on a website as a thumb nail. The definition of producer is broad and therefore, almost anyone who puts images of persons engaged in actual sexually explicit conduct on the internet will be required to maintain such detailed records. For purposes of this law, “actual sexually explicit conduct” means actual but not simulated conduct. This differs from the standard that is applied to performers under the age of 18.

Internet pornography law is very much influenced if not the same as laws that govern pornography in the US and throughout the states. It is important to find legal counsel who has an understanding of the often complex issues involved in pornography cases.

Los Angeles Drug Charge

Los Angeles Drug Charge

A Los Angeles drug conviction carries extremely harsh punishment that often includes fines, asset forfeiture, registration as a narcotics offender and jail or prison time, so it’s essential that you act decisively by assembling a strong defense team.

If you’ve been arrested on a Los Angeles drug charge, you’re certainly not alone. Fortunately, it’s possible to mount an aggressive defense to a Los Angeles drug charge with the help of a skilled defense lawyer. Our Los Angeles drug defense attorneys are well-versed in every aspect of fighting drug charges, and will thoroughly review the evidence in your drug case and develop a cutting-edge strategy to fight the charges.

Though drug laws are similar throughout California, there are different nuances within counties, court houses, and judges that may be used in your favor. Our team approach ensures that every drug case is managed by an entire team of local and knowledgeable Los Angeles attorneys. We will take care of everything.

Whether your Los Angeles drug charge is possession, sales or any other charge involving methamphetamine, powder cocaine, crack or base cocaine, heroin, marijuana, or PCP, it’s possible to mount a strong defense with the help of the right defense lawyer.

Some Los Angeles drug cases should be taken to trial, while others may be favorably resolved with a skillfully negotiated plea bargain that may result in alternative sentencing. Some forms of alternative sentencing that may be available to help you avoid incarceration in a Los Angeles drug case include deferred entry of judgment (DEJ), Proposition 36, and drug court.

A Los Angeles drug charge can negatively impact every part of your life, but fortunately you can aggressively fight your case with the help of a skilled attorney. If you’ve already been convicted of a drug charge, find out how we can get your criminal record expunged, so you that you may move on with your life without a blemish on your records. To learn more about strong defenses to felony drug charges, please contact an experienced Los Angeles defense attorney from The Kavinoky Law Firm today at 1.800.662.8337 for a free consultation.

Our Los Angeles Offices:
Encino
Los Angeles

 

 

 

We proudly cover these areas of Greater Los Angeles:
Acton, Agoura, Agoura Hills , Alhambra, Antelope Valley, Arcadia, Artesia, Avalon, Azusa, Baldwin Park, Bell, Bell Gardens, Bellflower, Bradbury, Brentwood, Burbank, Calabasas, Camarillo, Carson, Claremont, Commerce, Canoga Park, Century City, Chatsworth, Commerce, Compton, Covina, Cudahy, Culver City, Diamond Bar, Downey, East Los Angeles, El Monte, El Segundo, Encino, Gardena, Glendale, Glendora, Granada Hills, Hawaiian Gardens, Hawthorne, Hermosa Beach, Hidden Hills, Hollywood, Huntington Park, Industry, Irwindale, La Canada-Flintridge, Lake Balboa, Lakewood, La Mirada, Lancaster, La Puente, La Verne, Lawndale, Lomita, Los Angeles , Lynwood, Malibu, Manhattan Beach, Maywood, Monrovia, Montebello, Monterey Park, Newhall, North Hollywood, Northridge, Norwalk, Oxnard, Palmdale, Palos Verdes Estates, Paramount, Pasadena, Pico Rivera, Pomona, Quartz Hill, Rancho Palos Verdes, Redondo Beach , Reseda, Rolling Hills, Rolling Hills Estates, Rosemead, San Dimas, San Fernando, San Gabriel, San Marino, San Pedro, Santa Fe Springs, Santa Monica, Sherman Oaks, Sierra Madre, Signal Hill, Simi Valley, South El Monte, South Gate, South Pasadena, Studio City, Sylmar, Temple City, Thousand Oaks, Three Points, Torrance, Valencia, Van Nuys, Ventura, Vernon, Walnut, West Covina, West Hollywood, Westwood, West Los Angeles, Westlake Village, Whittier, Woodland Hills.

San Diego County Drug Charge

San Diego County Drug Charge

A San Diego County drug conviction carries extremely harsh punishment that often includes fines, asset forfeiture, registration as a narcotics offender and jail or prison time, so it’s essential that you act decisively by assembling a strong defense team.

If you’ve been arrested on a San Diego County drug charge, you’re certainly not alone. Fortunately, it’s possible to mount an aggressive defense to a San Diego County drug charge with the help of a skilled criminal defense lawyer. Our San Diego County drug defense attorneys are well-versed in every aspect of fighting drug charges, and will thoroughly review the evidence in your drug case and develop a cutting-edge strategy to fight the charges.

Though drug laws are similar throughout California, there are different nuances within counties, court houses, and judges that may be used in your favor. Our team approach ensures that every drug case is managed by an entire team of local and knowledgeable San Diego County attorneys. We will take care of everything.

Whether your San Diego County drug charge is possession, sales or any other charge involving methamphetamine, powder cocaine, crack or base cocaine, heroin, marijuana, or PCP, it’s possible to mount a strong defense with the help of the right defense lawyer.

Some San Diego County drug cases should be taken to trial, while others may be favorably resolved with a skillfully negotiated plea bargain that may result in alternative sentencing. Some forms of alternative sentencing that may be available to help you avoid incarceration in a San Diego County drug case include deferred entry of judgment (DEJ), Proposition 36, and drug court.

A San Diego County drug charge can negatively impact every part of your life, but fortunately you can aggressively fight your case with the help of a skilled attorney. If you’ve already been convicted of a drug charge, find out how we can get your criminal record expunged, so you that you may move on with your life without a blemish on your records. To learn more about strong defenses to felony drug charges, please contact an experienced San Diego County defense attorney from The Kavinoky Law Firm today at 1.800.662.8337 for a free consultation.

Our San Diego Office:
San Diego

 

 

 

We proudly cover these areas of Greater San Diego County:
Carlsbad, Chula Vista, Coronado, Del Mar, El Cajon, Encinitas (Cardiff-by-the-Sea, Leucadia, Olivenhain), Escondido, Imperial Beach, La Mesa, Lemon Grove, National City, Oceanside (San Luis Rey), Poway, San Diego, San Marcos, Santee, Solana Beach, Vista, 4S Ranch, Agua Caliente Springs, Alpine, Barrett, Blossom Valley, Bonita, Bonsall, Borrego Springs, Bostonia, Boulevard, Camp Pendleton North, Camp Pendleton South, Campo, Canebrake, Casa de Oro-Mount Helix, Crest, Cuyamaca, Dehesa, Del Dios, De Luz, Descanso, Dulzura, Eucalyptus Hills, Fairbanks Ranch, Fallbrook, Fernbrook, Flinn Springs, Granite Hills, Guatay, Harbison Canyon, Hidden Meadows, Jacumba, Jamul, Julian, La Presa, Lake Morena, Lake San Marcos, Lakeside, Lincoln Acres, Live Oak Springs, Manzanita, Mount Laguna, Pine Hills, Pine Valley, Potrero, Pueblo Siding, Rainbow, Ramona, Ranchita, Rancho San Diego, Rancho Santa Fe, Rincon, San Diego Country Estates, San Elijo Hills, Santa Ysabel, Shelter Valley, Spring Valley, Tecate, Tierra del Sol, Valley Center, Vallecitos, Warner Springs, Winter Gardens.
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San Francisco County Drug Charge

San Francisco County Drug Charge

A San Francisco County drug conviction carries extremely harsh punishment that often includes fines, asset forfeiture, registration as a narcotics offender and jail or prison time, so it’s essential that you act decisively by assembling a strong defense team.

If you’ve been arrested on a San Francisco County drug charge, you’re certainly not alone. Fortunately, it’s possible to mount an aggressive defense to a San Francisco County drug charge with the help of a skilled criminal defense lawyer. Our San Francisco County drug defense attorneys are well-versed in every aspect of fighting drug charges, and will thoroughly review the evidence in your drug case and develop a cutting-edge strategy to fight the charges.

Though drug laws are similar throughout California, there are different nuances within counties, court houses, and judges that may be used in your favor. Our team approach ensures that every drug case is managed by an entire team of local and knowledgeable San Francisco County attorneys. We will take care of everything.

Whether your San Francisco County drug charge is possession, sales or any other charge involving methamphetamine, powder cocaine, crack or base cocaine, heroin, marijuana, or PCP, it’s possible to mount a strong defense with the help of the right defense lawyer.

Some San Francisco County drug cases should be taken to trial, while others may be favorably resolved with a skillfully negotiated plea bargain that may result in alternative sentencing. Some forms of alternative sentencing that may be available to help you avoid incarceration in a San Francisco County drug case include deferred entry of judgment (DEJ), Proposition 36, and drug court.

A San Francisco County drug charge can negatively impact every part of your life, but fortunately you can aggressively fight your case with the help of a skilled attorney. If you’ve already been convicted of a drug charge, find out how we can get your criminal record expunged, so you that you may move on with your life without a blemish on your records. To learn more about strong defenses to felony drug charges, please contact an experienced San Francisco County defense attorney from The Kavinoky Law Firm today at 1.800.662.8337 for a free consultation.

Our San Francisco Office:
San Francisco

 

 

We proudly cover these areas of Greater San Francisco County:
Bayview District, Chinatown, Fort McDowell, Fort Winfield Scott, Ingleside, Marina District, Mission District, North Beach, Potrero District, Richmond District, San Francisco, Sunset District, Western Addition, Amanico Ergina Village, Banneker Homes, Bayside Village, Diamond Heights Village, Doelger City, Eldton, Forest Hill, Forest Knolls, Frederick Douglass Haynes Gardens, Friendship Village, Glenridge, Gold Mine Hill, Golden Gate Heights, Haight-Ashbury, Ingleside Heights, Ingleside Terrace, Jordan Park, Laguna Heights, Little Italy, Little Osaka, Loren Miller Homes, Malcolm X Square, Marcus Garvey Square, Martin Luther King Square, Merced Heights, Merced Manor, North Point Public Housing, Oceanview, Opera Plaza, Pacific Heights, Park Merced, Park View Commons, Presidio Terrace, Saint Francis Square, Saint Francis Wood, Seacliff, Sherwood Forest, Silver Terrace, Stonestown, Thomas Paine Square, Valencia Gardens, Victoria Mews, Village Square, Vista Del Monte, West Portal.

Retroactive Sentencing Guidelines in Crack Cocaine Cases

Retroactive Sentencing Guidelines in Crack Cocaine Cases

Thousands of people convicted of crack cocaine offenses may be eligible for retroactive sentence reductions because of revised guidelines by the U.S. Sentencing Commission. An estimated 19,000 defendants will be impacted by these retroactive changes, which took effect March 3.

However, a sentence reduction isn’t automatic – it must be ordered by a federal judge. To find out whether retroactive changes in crack cocaine sentencing guidelines apply to your case, contact an experienced lawyer from The Kavinoky Law Firm.

Not all crack cocaine defendants will be eligible for a lower sentence. A federal sentencing judge will decide whether the offender is eligible for a lower sentence and how much the sentence will be reduced.

A federal judge determining whether to reduce a crack cocaine offender’s sentence will weigh numerous factors, including whether a reduced sentence will endanger the public.

The impact of these revised guidelines is expected to occur incrementally over the next 30 years, because many crack cocaine offenders will still be required under federal law to serve mandatory five-, ten-, or 20-year sentences even under the revised guidelines.

These latest revisions to the crack cocaine sentencing guidelines are part of an ongoing effort to equalize the punishment for powder and crack cocaine offenses. In its 2002 report to Congress titled “Cocaine and Federal Sentencing Policy,” the U.S. Sentencing Commission found that the original sentencing guidelines for crack cocaine exaggerated the relative harmfulness of the drug, were too broad and disproportionately targeted lower-level offenders, were disproportionate to the seriousness of the offense, and unfairly impacted minorities.

Between 1995 and 2007, approximately 56,000 defendants were sentenced under the harsher crack cocaine guidelines despite efforts to narrow the disparity between sentences for powder and crack cocaine.

If you or someone you care about was sentenced for a crack cocaine offense during that time period, it may be possible to have the sentence reduced. To learn more about retroactive sentencing guidelines in crack cocaine cases, contact a knowledgeable California lawyer from The Kavinoky Law Firm today for a free consultation.

 Criminal Evidentiary Issues That a Los Angeles Criminal Defense Attorney Faces

In the American judicial system, evidence is the essence of how the defense and prosecution attempt to argue their case in criminal court. Both sides also seek to discredit and suppress the evidence submitted by the other, giving rise to several potential evidentiary issues that form an entire field of criminal law. A Los Angeles criminal defense attorney that is an expert in evidence law at the federal, state, and local level will be significantly better at building the strongest case for the client and weakening the opposing counsel’s case at the same time.

Because evidence is such a central issue to criminal law, the field of issues that can be discussed is nearly insurmountable. It takes law students multiple semesters to learn the basics of evidence law. However, there are a few key issues that people concerned for their own criminal defense should understand. The first is that one of the best ways for a criminal defense attorney in Los Angeles to help the client’s case is by filing a successful motion to suppress evidence. If evidence is collected incorrectly or its collection was made possible by an illegal or unconstitutional act, and this can be proven, the judge can be convinced to suppress the evidence. That means it won’t enter into the case and the criminal jury will never see or hear it. Of course, many lawyers will try to get evidence suppressed even when the arguments for doing so are weak, and this is a viable strategy for the defense and sometimes for the prosecution. But as far as understanding what is important to remember and explain to your lawyer, the reasons why evidence should be inadmissible are more relevant.

Any police action that wasn’t based on due process or probable cause and any evidence collected during that action or any action that follows should be inadmissible. This relates to any number of things. For example, if a police officer pulls a person over and that driver can prove, such as with a police car’s onboard video camera, that there was absolutely no good reason why the officer should have been suspicious, that demonstrates the absence of probably cause. If the officer then sees drugs on the back seat of the car, searches the car based on that fact and discovers any other punishable crimes, all of that evidence should be inadmissible. This is an example of a lack of probable cause, as well as of the police officer failing to satisfy due process and unknowingly committing an illegal search and seizure.

There are a number of ways that due process, probable cause, and search and seizure laws can be violated. This is why, for the sake of taking advantage of common evidentiary issues in criminal trials, it is so important for the client to go over absolutely every detail of the events leading up to the arrest with counsel. Likewise, it is important to be sure that the Los Angeles criminal defense attorney goes to every length to investigate all the details from the police officers’ end to check for mistakes that could result in evidence being inadmissible.

 Drug Treatment Can Replace Prison Time with a California Criminal Lawyer

As any California criminal lawyer will tell you, it is difficult to categorically say whether or not drug treatment can be used as an alternative sentence to prison time. Suspending a prison sentence in favor of rehabilitation, such as drug treatment for a drug offense or alcohol treatment for a DUI, is often within the judge/s sentencing discretion. This is especially the case when the crime charged is a misdemeanor, known sometimes as a “wobbler,”charged as a felony that could be reduced to a misdemeanor. However, several drug-related crimes are straight felonies in California, which complicates the judge’s ability to issue alternative sentences.

In California, proposition 36, called the Substance Abuse and Crime Prevention Act, sets out the ways that defendants convicted of non-violent drug offenses can qualify for a probationary sentence instead of prison time. Prop. 36, which were passed in 2000, are only available to those convicted of some non-violent drug possession crimes. So straight felony drug convictions such as possessing cocaine, heroin, or opiates, cultivation of marijuana, and sales or transportation related drug crimes are immediately not eligible. Similarly, California penal code stipulates that anyone with an incarceration in the last five years, anyone also found guilty of a non-drug related crime at the same time, any defendant who refuses treatment, or anyone who already has two separate drug convictions or participated in Prop. 36 twice already are ineligible for Proposition 36.

So barring these circumstances, you have the option of using drug treatment as an alternative to jail or prison time. But this still depends on what your California criminal lawyer can work out with the prosecution and the judge. Assuming you do qualify, most judges in California tend to prioritize treatment and rehabilitation over jail time and are very amenable to suspending an incarceration sentence if the defendant seems to be in the right state of mind and his or her lawyer makes a strong case that it was an isolated event.

If you are approved for Prop. 36 treatments, several restrictions are set and if you fail to meet any the agreed-upon requirements, your suspended sentence can be reinstated. You will have to return to court upon failing to complete, and the judge will decide how to deal with a new sentence.

Along the same lines, it is sometimes possible to have a felony conviction reduced to a misdemeanor, which carries several benefits for the defendant. It is important to discuss this and all other options with your California criminal lawyer before beginning any course of action, as sometimes one will preclude the others. However, regardless of which alternate paths you opt for, qualifying for a reduced sentence in lieu of jail time can be a life-saving opportunity.

How to Press Domestic Abuse Charges Using a Los Angeles Criminal Defense Lawyer

If you have been the victim domestic violence and want to press charges against your abuser but are afraid to do so, the first step you need to take is to reach out to a Los Angeles domestic violence attorney. Surprisingly, a Los Angeles criminal defense lawyer with domestic violence experience can often offer very sound advice as to your first steps depending on your circumstances. They will almost always include finding a way to make yourself safe from your abuser such as moving out.

You need to understand a few things about domestic violence. If you have been a victim, pressing charges may be emotionally and practically difficult, especially if the abuser is your spouse or the parent of your child. He or she may threaten you or attempt to prevent you from informing the police or testifying, which is illegal but can be quite coercive. And if the only evidence of the abuse is your word, the abuser’s defense lawyer will almost certainly attack your character in court, so you need to prepare to defend yourself despite your stressed emotional state. Once you have contacted a lawyer to begin preparing your legal charges, and moved out or done what you need to make yourself safe from the abuser, you should also call the police.

In dire circumstances, this should actually be your first step as the police should come and arrest the accused abuser and get him or her out of the house. They can also collect immediate evidence of the abuse at this point, or direct you to a police medical examiner to look for physical or emotional signs of abuse. This is important because this evidence will service as the primary foundation for your case and will make it more difficult for a Los Angeles criminal defense lawyer to weaken the case by assaulting your character. You will have to tell the police you want to press charges, and it can be difficult to persevere when put on the spot about having your partner tried for abuse. But in the end, nobody should live in fear of abuse, least of all children, so you will find you are doing the right thing to seek legal help and press domestic abuse charges.

Boating Under the Influence (BUI)

Boating Under the Influence (BUI)

Boating under the influence (BUI) in California is a serious offense, one that can be as serious as Driving Under the Influence (DUI). Boating under the influence (BUI) is precisely what it sounds like. It is operating a watercraft when you are under the influence of alcohol and/or drugs. In a boating under the influence (BUI) case, watercrafts are considered anything that carries or transports people on water, including water skis. But things that are propelled by water alone, such as kayaks, are immune from boating under the influence (BUI) laws in California.

But if you’re thinking of your California boating under the influence (BUI) arrest as beatable, you may have a point. Such arrests are fraught with tricky legal angles. For starters, officers may board your boat for safety check reasons that have nothing to do with alcohol. It’s what happens while they’re on your boat that things may get interesting.

Keep in mind that it is legal to operate a watercraft in California if your blood-alcohol content is below .08%, but if an officer smells alcohol on your breath while he is there, he may use that as an invitation to initiate a field sobriety test for boating under the influence (BUI).

Now consider the state you may be in after hours of boating. Your eyes may be bloodshot from forgetting or not using your sunglasses. Your face may be red from sunburn. Your ability to stand and walk without wobbling may be challenged from water skiing and sitting in a rocking boat all day. In California or any other state, a law enforcement officer can mistake these signs you are displaying as boating under the influence (BUI).

When the officer takes you off the boat for a field sobriety test, he may not consider that you are having trouble walking because you haven’t been walking on steady ground all day. Even worse is the possibility that you’ll end up having your field sobriety test taken on an unsteady pier. After all that, he may mistakenly charge you with boating under the influence (BUI).

As you can see, there are so many confusing variables involved that even a seasoned law enforcement officer may mistake light drinking for boating under the influence (BUI). Your case may have some of these conditions, or any of the many others that lead to unwarranted boating under the influence (BUI) arrests. It is best to talk to a qualified BUI attorney to find out how the particulars of California boating under the influence (BUI) law can be used in your defense.

Californians Pass One of Nation’s Toughest Sex-Offender Laws

Californians Pass One of Nation’s Toughest Sex-Offender Laws

Californians have overwhelmingly passed a ballot initiative that gives the state some of the strictest requirements in the nation for sex offenders. Proposition 83, known as Jessica’s Law, requires that registered sex offenders live 2,000 feet from parks and schools and allows for lifetime satellite tracking of certain offenders.

The measure is certain to be the subject of a fierce court battle. Prop. 83’s language makes it unclear whether the law will apply retroactively to California’s 90,000 registered sex offenders. And the expanded residency restrictions will likely be the subject of a constitutional challenge.

California law already prohibits registered low-risk sex offenders from living within 1,320 feet, or a quarter mile, from schools. The new requirements, if they survive a court challenge, will likely push many offenders out of cities and into rural areas, where they will face problems finding employment, transportation, and other necessities.

Forcing parolees onto public assistance doesn’t help Californians – it hurts them. There are better ways to protect children than to increase the burden on our welfare rolls.

In addition to being constitutionally dubious, Jessica’s Law is certain to be costly. The cost of using satellites to track paroled rapists, child molesters, and other felony sex offenders is expected to cost California hundreds of millions of dollars.

Prop. 83 also will further erode one of the basic tenets of our justice system – that once individuals served their sentences, they should be allowed to pursue productive lives.

Above all, Prop. 83 is unlikely to achieve what its backers set out to do – guard children and other vulnerable individuals from predators. In Iowa, where a similar law was passed, many sex offenders simply failed to register their addresses to avoid the restrictions. A coalition of Iowa prosecutors is now pushing to have the law overturned.

In California, many people fear that Prop. 83 will have a similar effect, said Darren Kavinoky, one of the state’s top defense attorneys and an expert on constitutional search and seizure issues.

“I’m in favor of anything that will protect children, but I don’t think Jessica’s Law will accomplish that goal,” Kavinoky said. “If it survives court challenges, Proposition 83 will serve only to deprive many individuals of adequate employment and housing, and prompt many to avoid registering as sex offenders.”

Studies by California Senate researchers show that under Prop. 83’s restrictions, nearly all of San Francisco and most of Los Angeles would be off-limits to registered sex offenders. In addition to making it nearly impossible for offenders to live near employment opportunities, Prop. 83 will force certain rural communities to bear a disproportionate burden.

The bureaucratic and financial burden of enforcing Prop. 83’s monitoring requirements is expected to be monumental, particularly if it’s interpreted to include tens of thousands of existing offenders.

Satellite tracking of so many individuals requires not only technology but also manpower. Using transmitters to track people is useless unless officials are prepared to devote resources to monitor and enforce the requirements. California’s law-enforcement resources are already stretched to the limit.

Prop. 83’s passage shows that it’s more important than ever to have expert legal representation if accused of a crime. The best way to avoid draconian restrictions is not to be convicted in the first place.

There’s too much at stake in any prosecution not to have an experienced defense lawyer fighting for the defendant’s rights. The skilled attorneys of the Kavinoky Law Firm are prepared to aggressively fight any criminal case and protect individuals from negative consequences.