Monder Law Group - News
Brock Turner Released from Custody After Serving Only Three Months
Last Friday Brock Turner had been released from custody after serving only half of a six-month sentence. It seems it was like yesterday he was sentenced to a serious felony and the entire United States was in an uproar against the Judge who handed down that sentence. These sentences are typical for serious felony charges when a defendant finds himself for the first time in the criminal system. As a criminal defense lawyer practicing every single day in the criminal justice system, the most important bargaining chip we have to negotiate with the prosecution is that our clients are only seen as first time offenders. There is a higher presumption of innocence and a less possibility of recidivism for criminal acts in the future for first time offenders. The propensity of committing rape again in the future is what is important for the court to understand when actually sentencing someone on that charge.
The defense team understood that getting a psychological examination for Brock Turner indicating that he is a low risk sex offender on the static-99 would enable the court and probation to offer that sentence that was handed down. As criminal defense lawyers the best way to get great deals for sex related cases is to make a finding that the defendant is not a sexual deviant! When a doctor makes that assessment for a defendant the court can now shift any responsibility of recidivism to the doctor that made the evaluation.
The probation office plays a significant role in making recommendations for sentencing based on the above-mentioned issues. Judges follow probation recommendations close to 80% of the time on every single criminal case. Even though the custody aspect of the sentencing only was three months of actual time on a six-month sentence, Brock Turner will always have to register as a sex offender for the remainder of his life. For a criminal defendant, the worst aspect of any sex offense would be lifetime sex registration under penal code section 290. Every single client would most likely do more jail time if they could not live with the scarlet letter on their back for the rest of their lives. This aspect of Brock Turner’s life is more damaging than any jail time he possibly could have done. As a convicted felon with the sex registration requirement, he will have to disclose this incident to every place he moves or plans to work.
If you have questions about your particular sexual related crime in San Diego, feel free to contact attorney Vik Monder for a free confidential consultation at 619-405-0063 or visit San Diego Criminal Attorney.