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Sex Crimes Defense

Unfortunately some sex crime allegations can be based on false accusations. These accusations can involve computer and internet access, such as possession of child pornography. A conviction can require registration as a sex offender for life and many years of prison exposure. It can forever change a person's future. Sex Crimes are often subject to a Motion to Suppress (eliminate) the evidence if the search warrant used contains false or reckless information. This would result in a dismissal of the case. Consult Criminal Defense Attorney Sam J. Polverino. He is committed to aggressively defending you against sex crime charges and providing a vigorous defense.


If you have been charged with a sex crime, the repercussions can be staggering. If convicted of a sex crime, reputation-damaging stereotypes can follow you for the rest of your life and your chances of becoming employed are forever jeopardized. You may be required to register as a sex offender for life on an online registry of sex offenders. Since the passing of Megan's Law in California, prosecutors continue to take harsh but mandatory steps to prosecute sex crimes. As a result, people convicted of a sex crime must report to specialized sex crime units to provide personal information, including home address, identifying marks, details of the conviction, and other information for the internet database of registered sex offenders. This information is available to research a job candidate or to determine if a convicted sex offender is living in the community. Anyone facing charges or being investigated for a sex crime needs an experienced and effective lawyer immediately. Sam J. Polverino is committed to your defense, your privacy, and most importantly, your freedom.

Examples of Sex Crimes:

Lewd Acts with a Child
In California, conviction for lewd conduct can carry some of the most serious punishments in the legal system. Felony offenses alleged under Penal Code section 288 can include inappropriate touching of a child under the age of 14 with sexual intent. There are other classifications of this statute that apply to children older than 14 which can be less severe. Some offenses do not result in mandatory registration and may be resolved as misdemeanors.
Possession of Child Pornography
Possession of illegal pornography is a crime. California prosecutes individuals pursuant to Penal Code section 311.11 as well as other sections of the Penal Code in this regard. One flawed keystroke on your computer can suddenly result in law enforcement initiating monitored sites and thereafter executing a search warrant allowing them to enter your home and interrogating you should you agree to speak to them. Your computer and laptop will frequently be confiscated. What you do under these circumstances ─ such as waiving your rights to a lawyer ─ can make a huge difference between a strong or a weak defense to your case. Mere possession of pornography is not a crime. However, if, by some reason you have images or pictures of children (defined as those under the age of eighteen) you are subject to some of the harshest repercussions and consequences in the criminal justice system. There are defenses however to these allegations. Often times what initially appears as a formidable prosecution can result in a very positive resolution for the accused. It is critical that you contact a criminal defense attorney immediately. When your future or that of someone close to you is on the line, experience matters. 

Acts of prostitution are rarely charged any more against the prostitute, now referred to as a "sex worker". But if you are the victim of a sting, who responded to the solicitation, you can be charged with a crime. If handled correctly this can frequently be resolved with judicial diversion and subsequent dismissal. Penal Code section 647(b) defines prostitution as an exchangeable act of payment for any sexual act. Prostitution can also be defined as actions that suggest that a person is soliciting or loitering in public with the intent to prostitute oneself. There are many cases in which innocent people are charged with prostitution when they were simply in the wrong place at the wrong time.
Lewd Conduct in Public
Though it may not technically be illegal to do something sexual in public, it is illegal to do so when a third party is present and finds the conduct harmful or offensive. By committing a sexual act in public, you may violate Penal Code section 314(1). Violating a sex crime such as lewd conduct can result in fines, imprisonment, and in some circumstances, require one to register as a sex offender.

Statutory Rape
Statutory rape is commonly referred to as "unlawful sexual intercourse with a minor," a person under the age of 18. One can violate Penal Code section 261.5 regardless of whether the sexual intercourse was consensual. Statutory rape can be charged as a felony or a misdemeanor. If filed as a felony. Statutory rape can be reduced to a misdemeanor and subsequently "cleared" from your record pursuant to Penal Code section 1203.4 in most circumstances.
Sexual Assault
One of the most common sexual assault crimes is rape. It is non-consensual sexual intercourse with another. Rape is often charged in conjunction with other charges, such as assault, battery, or other violent crimes. Although rape is a common charge, there are many types of sexual assault related to penetration using fingers or objects, sodomy and similar charges. Often law enforcement utilizes a "pretext call" as the centerpiece of their investigation. This is usually followed by an invitation to speak to the detective to "tell your side of the story". Assurances that you will not be arrested are used as an incentive. Contacting a lawyer first is absolutely critical. It can dramatically change how a case is resolved.

Unfortunately, many sex crime allegations are the result of false accusations. False accusations can cause devastating results and irreparable harm to the accused's reputation, career, or family life. Just as it is common for sex crimes to stem from false accusation, there are many innocent people who are misidentified or wrongfully arrested as sexual aggressors.
An experienced San Jose criminal defense attorney who knows how to properly defend any sexual case can help you. Sam J. Polverino has the legal acumen, experience and resources to create the most effective and persuasive defense to disprove guilt or successfully challenge false allegations. If you have been charged with a sex crime, it is important that you seek the best legal representation possible. Sam J. Polverino has earned the highest AV rating by his peers and listed in Martindale Hubble Bar Register of Preeminent Lawyers for over 30 years. He has been a State Bar Certified Specialist by the California State Bar for over 30 years. Less than 5% criminal defense lawyers are certified as Specialists by the California State Bar. He has been designated AVVO's highest rating of 10.0. A Past President of the Santa Clara County Bar Association, he has been successfully defending clients for over 3
0 years in state and federal courts. 
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