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Finding Sex Offenders

Finding Sex Offenders

How do I find sex offenders?
Convicted sex offenders are required, by both federal and state law, to register with their local law enforcement community upon their re-entry into the community. Because of this it is a simple matter of accessing a government website to discover the location of any convicted sex offender in your community.
Where can I find this sex offender information?

There exists a National Sex Offender Registry where individuals can go to find sex offenders in their community. This website will lead you to state run websites that will give you detailed information. In addition, the website, www.familywatchdog.us has detailed information on sex offenders. 
The website allows an individual to find registered sex offenders in the community by one of two ways; by imputing an address that shows all the registered sex offenders in the area, or by imputing the name of a known sex offender. The former method will give detailed information including the address of all sex offenders in a localized area as well as the sex related offenses they have been convicted of. The latter method will give you the address of an individual registered as a sex offender.
What sex offenders are required to register?
All individuals convicted of sex offenses are required by law to register with law enforcement.However, by law, not all registered sex offenders are accessible by search. The law breaks up registered sex offenders into 3 catagories from level 1, low risk of repeat offense, to level 3, high risk of repeat offense. Only levels 2 and 3 are accessible by the public. Although individuals categorized as level 1 are required to register they are considered to be of such a low risk of recidivism that the harm done to the individual would outweigh any public service done by its publication. Only law enforcement will be aware of an individual’s level 1 status.
In addition, there is a time limit to the registration. Every State requires different periods of registration but it is often separated into two categories. Those that require registration for 10-20 continuous years; and those that require lifetime registration. This is determined on a case by case basis with the factors including the degree of the sex offense committed and the chance or being a repeat offender.
What if I know of a sex offender who is not registered?

If you are aware of a convicted sex offender who is not registered in law enforcements database then you should inform local law enforcement immediately. Every convicted sex offender is required by law to register with the state. This is to insure careful monitoring of their locations and actions so that the community at large may be protected. 
Failure to register is considered a felony and can result in incarceration. Past court decisions have even held that a homeless convicted sex offender violated the registration law by not registering an address even though he had no address to give.

Sex Offender Map

Sex Offender Map

What is a sex offender map?
A sex offender map is a simple tool provided by state and federal agencies so that citizens can easily find the location of registered sex offenders in their community. The mapping system involved in most websites involves an overhead view, similar to that of Google maps. By typing in either the location that you are in or the names of any known registered sex offenders a sex offender map will pinpoint the location of those registered with the state to be sex offenders.

What will I find of the map?
By law every individual convicted of a sex offense must register with their local law enforcement. However, there are different levels of sex offenders and only those most likely to be repeat offenders will be found on the map. This is society’s way of saying that, when there is a low risk of being a repeat offender, the intrusion into the personal life of the sex offender greatly outweighs the benefit to the public. The forms of sex offense that are usually not found on a sex offender map are statutory rape, when the sex offender is 19 and the victim is 17, for example.

Is it free to use a sex offender map?
The sex offender map that is supplied by the states and many watchdog associations is strictly free of charge. Specifically, www.familywatchdog.us has an excellent mapping system that not only pinpoints the location of sex offenders in the community but also uses color coding to designate the specific type of sex offense that that individual was convicted of.


How complete are the maps?
The maps are very complete; however, they do rely on government information in order to be complete. For example, if a sex offender does not register his location will not be found on a map. In addition, the system does not move as quickly as one would like and often times, due to the clogging of information, a registered sex offenders new location will not be found on a map for a period of days and sometimes weeks.
Sex offenders are also only required to register for a specific period of time. This period of time is designated by state statute. For example, the state of Pennsylvania has a minimum requirement of 10 years of registry whereas some other states have that minimum period set at 20 years. For that reason you may find a sex offender who was convicted of a sex offense 15 years ago on one map but on his relocation to Pennsylvania he would no longer be on the map. Those individuals convicted of serious sex offenses and those considered by courts to be “sexual predators” are required to register for their entire lifetimes. In these situations you will always be able to find them on a map.

Sex Offender List

Sex Offender List

 

WHAT IS A SEX OFFENDER LIST?

A SEX OFFENDER LIST, also more commonly known as the Sex Offender Registry, is a list of all sex offenders in a community.  It is required in all States in the Union and is also in existence in Canada and The United Kingdom.  In many States in the Union information about registered sex offenders in the community are made public and can be found in newspapers, public notices and through internet websites.  Other States, however, do not permit public knowledge and complete SEX OFFENDERR LISTS are only available to law enforcement.

WHO HAS TO REGISTER?

The laws differ from State to State but generally someone who must register and be put on a SEX OFFENDER LIST is an individual that has been convicted of sex offense.  This includes sexual assault, rape, molestation, kidnapping a child; and the production, proliferation or viewing of child pornography.  There are lists of other sex offenses that will subject someone to being placed on a sex offender list.  Check with the State Division of Criminal Justice in that specific jurisdiction to find out who must register.

THREE LEVELS OF SEX OFFENDER STATUS

Generally there are three (3) levels of sex offender status, only two (2) of which are available to the public.  These levels are based on the risk of being a repeat offender.  These range from low risk (level 1) to high risk (level 3).  Level 1 sex offenders must register as a sex offender for 20 consecutive years.  If a sex offender is designated level 2 or 3 then they must register for life.

WHAT INFORMATION IS PROVIDED?

As with all laws delegated to the States, the requirements do vary.  At a minimum convicted sex offenders are required to include their name, address, school or place of employment and are often restricted from residing within a certain distance of a school, nursing home, etc. 

HOW CAN I FIND REGISTERED SEX OFFENDERS IN MY COMMUNITY?

The federal government maintains a National Sex Offender Public Website which enables all U.S. citizens to access and discover registered sex offenders in their community.  In addition to this many states and local communities maintain their own websites that divulge this information including names, addresses, photographs, descriptions, etc.  The public policy is to insure that families and children are protected from registered sex offenders.

This policy is not without its critics.  Many people assert that this form of registry only helps families of victims and those outraged by sexual crimes to plot revenge against sex offenders.  For detailed information about where sex offenders may be located in your area you may visit the FBI's Dru Sjodin National Sex Offender Public Website (NSOPW) at www.nsopw.gov. 

Every Person Deserves a Zealous Advocate, Says Texas Criminal Defense Attorney

Every Person Deserves a Zealous Advocate, Says Texas Criminal Defense Attorney

San Antonio, TX—For Demetrio Duarte, defending people accused of crimes has been a career for over 25 years.  Duarte told laws.com in a recent interview that his upbringing made him realize how badly criminal defenders are needed.

“Being a young Hispanic male in the 1960s and 1970s in South Texas, I witnessed a lack of legal representation in my community,” he recalls.  “This led to a growing desire to defend people of all communities, but in particular, those in my community who were in severe need of help.”

(More on News at LAWS.com, Contact Alberto for interviews “support@laws.com”)

After going to the University of Texas Law School in Austin, Duarte took a job at the Bexar County District Attorney's Office, which he says “gave me the mentorship I needed” to get started in criminal law.  He later struck out on his own, starting a solo practice.

Today, Demetrio Duarte, Jr. & Associates, P.C. represents clients in a wide variety of legal situations.  Trying to decide which cases to take is a matter of careful consideration for Duarte.  “I would say that 95 percent of the people who walk into a criminal defense attorney's office are guilty of something, and they all need help because of a mistake they have made,” he says.  “Helping people who want to be helped and who admit that they have issues are always easier to assist than those who demand a guarantee of a favorable result from me.”

This last type of client is often worth avoiding, according to Duarte.  “Typically, those who seek a guarantee of a favorable result and are demanding have to do with organized crime, and those are cases I try to avoid.  I prefer to work with clients who have realistic expectations.”

Doing criminal defense work in 2013 may be harder than ever, according to Duarte.  “Over the years, I have seen such an erosion of Miranda rights and civil liberties in favor of the government and the police, and less and less in favor of the protection of the individual.  Standing up for individuals' rights has become extremely difficult for defense attorneys today because of this.”

New types of evidence can also lead to more convictions, Duarte says.  “It's harder to try cases in court nowadays, because of the amount of technology that we have today that we didn't before.  Now, we have DNA, videotapes, cell phone cameras, and street corners with video surveillance—this makes it more difficult to try cases.”  As a result, plea bargains are up and trial numbers are down versus just a decade ago.

Duarte believes that new attorneys, regardless of where they went to law school or what practice area they want to specialize in, should find a mentor.  “There are many attorneys who are willing to help a student out, if only they ask.  There is no need to start trying cases without the assistance of an attorney with experience who can guide you in the beginning of your career,” he says, noting that he mentors several young attorneys today.  “Leave your pride aside and ask for help when you first start practicing law.”

Demetrio Duarte, Jr. & Associates, P.C. operates as a team. Each player on the team focuses on moving all issues forward toward a goal in. The attorneys in the law firm are committed to treating client matters as if they were their own. To learn more about his practice click here.

Conduct Disorder

Conduct Disorder

Conduct Disorder

Conduct disorder refers to a mental condition that describes individuals that display a callous lack of empathy for others and typically display aggressive and antisocial behavior without regards to the pain inflicted on others.  Conduct disorder is often hard to diagnose but typically affect young persons that display anti-social behavior such as vandalism and cruel behavior.
How is conduct disorder identified?
The Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association maintains a classification system to diagnose potential conduct disorder.  The criteria are categorized in the following manner:
– Aggression to people and animals (fighting, bullying, use of weapons, cruelty)
– Destruction of property (setting fires to destroy property)
– Deceitfulness or theft (stealing, conning and shoplifting)
– Serious violations of rules (truancy and violations of curfew)
Typically, any combination of these three criteria within 12 months diagnoses some form of conduct disorder, ranging from mild to moderate or severe.  Clearly, the mild categorization, despite some causes for concern, does not typically label the child a danger to others.  Persisting symptoms of conduct disorder however, may cause concern, especially if these symptoms do not dissipate with age.
How does environment affect conduct disorder?
Conduct disorder typically affects only a small percentage of children, but this is more common for children that have poor parenting or live in a violent area.  This may change the behavior of the child toward delinquency and antisocial behavior due to a lack of guidance or factors that encourage such behavior, such as peers with conduct disorder.
What are the long term consequences of conduct disorder?
Failure to treat or mistreating conduct disorder can lead to further alienation and escalation of the child’s antisocial behavior.  With an improper or confrontational approach, the conduct disorder can be exacerbated or the child may lash out in other ways, potentially even becoming self-destructive.  This behavior can also lead to mental health issues in adulthood, which will eventually lead to serious a repeating cycle of destructive behavior.
How can conduct disorder be managed?
Conduct disorder is usually best managed by the family with the aid of mental health professionals.  This is because behavior associated with conduct disorder is frequent and rarely understood by others.  The parents are typically the best equipped to work with their child to ensure their long term emotional health and development.  The mental health professional will offer advice to help the child cope with violent or destructive urges and try to establish protocol to deal with further incidents of conduct disorder.

Gang Rape

Gang Rape

Gang Rape

The term gang rape is involuntary sexual intercourse by two or more persons.  This usually includes an element of coercion or date rape on the part of the attackers.  Individuals that do not participate in the intercourse but witness or otherwise facilitate the attack will be held liable, to differing degrees, according to state laws.  California, for instance, made the failure to report an attack on a child under 14 illegal.
The victim can never be blamed for rape and other forced sexual contact especially due to prior intoxication, drug use, clothing worn by the victim or any comments made the attackers prior to the assault.  Every jurisdiction in the United States will protect the victim’s identity and prevent further contact between the victims and accused.
What is the relationship between date rape and gang rape?
Victims of gang rape are sometimes under the influence of drugs or alcohol, which will make them more compliant than in normal circumstances.  Of course, pure coercion and physical force can be the only factors in the gang rape case, but there are typically substances affecting the victim during the assault.  The use of drugs during a gang rape will entail very severe penalties added to other charges.  Remember that rape does not always entail intercourse and can constituted forced inappropriate touching, fellatio and other sexual violations.
What to do if you are the victim of a gang rape
If you were gang raped or suspect that you were gang raped but cannot remember due to intoxication or involuntary drugging, you need to call the police immediately so that you can be taken to a hospital.  You will be examined at the hospital and DNA samples will be taken.  Washing and other hygienic actions pose the risk of destroying vital evidence that can identify the attackers.  
Based on the evidence collected, the police will be able to make a determination on the possible culprits.  Rape carries stiff criminal penalties and even facilitating the attack or protecting the culprits will lead to secondary penalties for accomplices and other parties to the time.
What to do after the culprits have been caught
There exist many support networks and groups that help rape victims, both male and female cope with emotional and mental trauma associated with sexual violence.  Experts in particular have identified fear of audiences and crowds among gang rape victims, which affect them for an extended period of time after the assault has occurred.  These groups will generally contain experts on rape victim rehabilitation and will be able to facilitate healing, if possible, for the victim.  Gang rapes are typically violent and psychologically damaging, which leads to increased thoughts of suicide and drug use.  Studies have shown that women that have been victims of gang rape are more likely to seek help or contact the police than those that suffer from individual rape, but suffer severe long term psychological damage.  They have rates of alcohol and drug abuse consistent with other rape victims.

All You Need to Know About Criminal Defense

All You Need to Know About Criminal Defense

Criminal Defense Defined

Within the setting of a lawsuit brought before a Criminal Court, the methodology undertaken in the arrival of a verdict is considered to be amongst the most primary concerns with regard to the construction of a Criminal Defense.

Criminal Defense is defined as one of the two existing parties that exist within the overarching legal process of ‘Criminal litigation’; with regard to the institution of Criminal litigation,the two parties undergoing dispute resolution before the presiding judge – these parties are classified as the plaintiff or accusing party, and the defendant, who is responsible for the provision of substantial Criminal Defense.

Structuring a Criminal Defense

The innate specifications within Criminal lawsuits requiring the implementation of Criminal Defenseare required to take place in a manner corollary to the process undertaken with regard to the arrival of a verdict. Individuals facilitating the methodology implicit with the structuring of a Criminal Defense – ranging from Criminal attorneys to individuals choosing to represent themselves – must do so while cognizant of the statutes implicit within hearings facilitated by Criminal statutory legislature:

Within the realm of Criminal Defense,statements delivered by any or all parties will be expected todisplay testimony considered to be sufficient with regard to the presentation of facts; Criminal Defense taking place with a criminal case will be required to provide factual recollection satisfying a standard of ‘beyond a reasonable doubt’

Criminal Defense structured with regard to both the liability, as well as the adherence required by a contractual agreement will be liable to present evidence conveying events considered to provide for valid reasoning with regard to a broken contract

A tort – derived from the French translation of the word ‘wrong’ – is legal term defined as a wrongdoing or injustice upon whose commitment resulted in harm, damage, or injury sustained by the accusing party; Criminal Defense constructed within a lawsuit involving Torts may involve negligent torts, intentional torts, and strict liability torts

Criminal Defense vs. Civil Defense

Upon the investigation of the structural ideology latent within both Criminal Defense and Civil Defense, inherent differences that serve to enable separate facets of judicial review to take place; however, despite any respective differences, both a criminal defense and a civil defense will vary in accordance to their respective locational jurisdiction – this can range from natural law to common law:

Death

Defense enacted within amurder charge will only be permitted through the facilitation of a criminal defense; a Wrongful Death claim will only be permitted to be brought before a civil court

Injury

Defense enacted within injuries sustained as a result of negligence or criminal actionwill only be permitted through the facilitation of a criminal defense – eventssolely resulting in the alleged wrongful death – regardless of the presence of negligence – may be brought before a civil court

Sentencing

Sentencing within a Civil Court can only result is financial restitution or monetary compensation; the facilitation of a Criminal Defense strategy may only be utilized with regard to punitive recourse contingent upon sentencing

Man Threatened to Kill Texas Police and their Families

Man Threatened to Kill Texas Police and their Families


On November 28, 2012, Homeland Security Investigations (HSI) under Immigration and Customers Enforcement (ICE) announced that a man was arrested for threatening to kill police officers and members of their families.  He was arrested around 1:30 a.m. on Tuesday, November 27, outside of a Pecos truck stop.  


The man’s name is Jacob Ramos Esparza, and ICE reports he is officially charged with “unlawfully, knowingly and intentionally using interstate communications to threaten to injure a person.”  He faces up to 20 years in federal prison if convicted.  


According to court documents, Esparza posted several death threats on the internet in chat forums.  The threats specifically targeted Fort Stockton (Texas) Police Officers and their families, but officers at police departments in Pecos, Big Spring, and Midland were targeted as well.  Some of the threats were sent through email.  Some of the emails contained videos showing graphic violence, and specific threats included using chemical weapons, car bombs, and other weapons.  


Dennis A Ulrich, special agent in charge of HSI in El Paso, stated: “HSI takes seriously all threats against law enforcement officers.  Our special agents in west Texas worked cooperatively and vigorously with our local, state and federal law enforcement partners.  This arrest exemplifies the efficiency and force-multiplying effect of law enforcement agencies working together.”  


HSI special agents believe Esparza posted some of the threats under the username “El Diablo.”  One of the statements by the username offered an award for the head of a local police officer.  Other threats included using 15 pipe bombs in Pecos, Midland, and Odessa, and one of threats warned of “carnage unimaginable” on December 25 in public places.  


The FBI, Fort Stockton Police Department, Pecos Police Department, Midland Police Department, and the Ector and Midland County Sheriff’s Offices helped with the investigation.  


Source: Immigration and Customs Enforcement

Harassment in the workplace

Harassment in the workplace

Harassment in the workplace
Harassment in the workplace can take a number of forms, but all forms are illegal under US law.  Workplace harassment usually involve threats, intimidation and other mistreatment which is intended for either the satisfaction of the harassing individual or personal gain by impeding the ability of the harassed individual to work effectively.
What are motivations for harassment in the workplace?
Some harassers will target other employees that they perceive as threatening to their status or privileges.  This form of harassment, generally where the harasser is marking their territory, is meant to intimidate other employees into either quitting or not competing with the harasser.  This commonly affects women who face harassment in the workplace by male colleagues that feel that their presence is a threat to their occupation or status in the workplace.
Others will harass merely for the pleasure of harassing others and this behavior usually extended beyond the workplace.  This harassment will be typically sexual in nature and intended to be predatory.  This type of harassment may develop into more serious and dangerous behavior that can ultimately but the safety of the harassed person in jeopardy.
Most harassment is due to a craving for dominance and many harassers will engage in harassment in the workplace due to personality deficiencies or a thirst to impose fear in others.  This means that the harassment will be frequent and predatory, often with many targets that are unwilling to fight back.
What prevents the reporting of harassment in the workplace?
Many that harass others in the workplace identify submissive targets that are less likely to report their behavior.  Those that are harassed fear retaliation of a lack of protection from the employer, which prevents them from reporting harassment.  In many cases, the harasser may have the support of others in the workplace, either directly or through tacit approval, leading the harassed individual to feel uneasy about reporting the incidents.
What is retaliation commonly taken against those that report harassment in the workplace?
Those that report harassment in the workplace often face a stigma from those sympathetic to the harasser.  Is this sympathy extends to high management, the harasser can be wrongfully terminated, denied promotion and face other sanctions that may be worse than the actual harassment.  This prevents the disclosure of harassment in most workplaces.
What are remedies to harassment in the workplace?
To prevent possible retaliation, as well as protect the harassed, workplaces must adopt a clear anti-harassment policy.  Additionally, anonymous or closed door reporting will prevent the public debacle of a contentious harassment complaint from becoming the knowledge of others in the workplace, thus preventing the potential retaliation from coworkers that may side with the harassing individual.  When all else fails that employer refuses to remedy harassment in the workplace, the US Equal Employment Opportunity Commission may be involved and will files charges against the employer to force them to correct their practices.  Harassment in the workplace violates Title VII of the Civil Rights Act of 1964 and the EEOC will penalize violating employers pursuant to the provisions of the Act.

Law Firm Partner Obstructed SEC Investigation

Law Firm Partner Obstructed SEC Investigation


On November 13, 2012, the US Attorney’s Office for the Central District of California reported that David Tamman of Santa Monica was charged on 10 counts.  These counts include one or more counts of conspiring to obstruct justice, altering documents, being an accessory in mail and securities fraud, and aiding and abetting.  Tamman was a partner at Nixon Peabody LLP.  


Court documents show that the SEC made an unexpected inspection of the business of the co-defendant, John Farahi.  Tamman and Farahi immediately collaborated and starting falsifying documents to indicate Farahi sent proper notification that he was taking the majority of funds from investors.  Tammon was able to create backdated promissory notes and additional disclosure documents as well as lie to his partners in order to make the documents appear true.  


Tamman and Farahi were both originally indicted on December 7, 2011, and Farahi pled guilty to a Ponzi scheme, selling unregistered securities, bank fraud, and conspiring with Tamman during his plea hearing in June of 2012.  


Tamman is scheduled for sentencing on February 11, 2013.  He faces a maximum of 190 years in prison for all 10 counts, but he has entered into a plea agreement and the government has agreed to a sentence of 10 years or less.  


Bill L. Lewis, the Assistant Director in Charge of the Los Angeles Field Office for the FBI, stated: “The defendant played a direct role in covering up criminal activity to deliberately mislead investigators, and in the process, abdicated his ethical obligations as an attorney.  The FBI will continue to work with our investigative partners to help even the playing field in the financial marketplace.”


The Office of the Special Inspector General for the Troubled Asset Relief Program (SIGTARP) and the FBI led the investigation.  The SEC and Nixon Peabody LLP provided valuable assistance during the investigation.  


Michele Layne, the Director of the SEC Los Angeles Regional Office, stated: “This verdict demonstrates that there are severe consequences when an attorney crosses the line between vigorous representation of a client and obstruction of an SEC investigation.”


Source: Federal Bureau of Investigation

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