Can A Registered Sex Offender Apply For Early Termination Of Probation

Posted on Dec 20, 2021

three common defenses to an allegation of failing to register equally a sex offender are extenuating circumstances, a justifiable lack of awareness, and lost registration information. Showing that one of these defenses is nowadays in your case can prevent a costly conviction. In many states, similar California, failing to register every bit a sex offender can exist a felony offense.

What are iii defenses to failing to register as a sexual practice offender?

3 of the about common defenses to a criminal charge of declining to register every bit a sex offender are:

extenuating circumstances outside of the accused's command caused the failure to register,
the defendant justifiably was not aware of their demand to register, and
the defendant did, in fact, register.

A criminal defense attorney from a reputable constabulary firm can assist defendants raise 1 of these arguments and fight against a costly criminal conviction.

1. Extenuating circumstances

Mostly, prosecutors accept to prove that the accused willfully failed to annals as a sex offender. Evidence that extenuating circumstances prevented the defendant from registering can be a stiff defense force. It can be peculiarly potent if the accused did register, only not chop-chop enough.

In many states, registered sexual activity offenders accept to register annually or biannually, as well equally after certain events. Those events are ofttimes things like when the registrant has:

moved,
lost his or her prior permanent address, or
enrolled in college, or graduated from college.

Registrants often have to register very before long afterwards one of these events. If extenuating circumstances prevent the registrant from complying with the registration requirements, it can be a potent defense.

For instance: Paul buys a firm and moves. He has a calendar week to update his sex offender registration. As he walks into the local law enforcement bureau, he gets hit by a automobile. He is kept in the hospital for a month to recover.

These circumstances, though, take to be outside of the accused'due south control.

For example: In an attempt to avoid his sex activity offender registry obligations, Paul throws himself in front end of a car.

2. Lack of sensation

Because the failure to register has to be willful, a lack of awareness can be a legal defense. However, the lack of awareness of the person's sex offender registration requirements has to be justifiable, similar if the defendant:

was never told about their registration obligation,
never received notifications almost registering, or
has a mental health condition that acquired their lack of awareness.

California provides an case of when a lack of awareness is justifiable or non. There, courts have ruled that defendants must have bodily knowledge of their registration obligation.¹ This goes beyond merely beingness notified of what they have to practise. The defendant has to actually understand what they have to exercise. However, whatever notifications that are used can be a factor in whether the accused had bodily cognition.

For example: Juan pleads no contest to a sex activity crime. The prosecutor tells Juan that he "will be required to register under Penal Lawmaking section 290," only Juan does not know what that means. After serving his sentence, Juan signed a document that informed him of his registration obligations. Nevertheless, he had a lot of papers to sign to be released, did not have fourth dimension to read them all, and had no i at that place to explain what his registration obligations were.²

The lack of awareness defense cannot succeed if the accused "just forgot" to register.³ However, forgetfulness caused past a serious psychological condition could support the defense.^iv Those weather include:

severe Alzheimer'due south disease, or
general amnesia from severe trauma.⁵

3. Constabulary enforcement lost the registration

Defendants accused of not registering can too use testify that they actually did register. Filing errors or other instances of negligence tin can lead to registration documents getting lost. Registrants may also be defendant of using fake information if public safety officials enter the registrant'south personal information, like his or her social security number or phone number, incorrectly.

Showing that this is what happened can exist a strong defense.

Unfortunately, getting into a "he said, she said" dispute with law enforcement rarely works. Registrants tin can help themselves by creating a newspaper trail every time they register. If they register by mail, sending the document by certified mail can exist wise. Keeping a re-create of the registration is oftentimes a proficient idea. A criminal defense lawyer tin can help.

What are the penalties for a failed sex offender registration?

The penalties for failing to annals every bit a sexual practice offender depend on the state. It may also depend on the sex crime that required registration. In the worst cases, though, convictions can often carry up to several years in prison house.

During that time, registration obligations are tolled. This ways that minimum registration durations are put on hold while the accused is in prison or jail.

For example: Lou is convicted for a sexual activity crime and has to annals for a minimum of 10 years. He has 5 years to go when fails to register. He is sent to jail for three years. When he is released, he volition even so accept 5 years left.

Declining to register will oftentimes atomic number 82 to a revocation of parole, probation, or conditional release.

What is the constabulary in California?

California Penal Code 290 makes it a crime to fail to register every bit a sex offender. This state police lists the sex crimes that will require registration. Some of these sexual offenses include:

aggravated sexual assault, when the historic period of the victim is under 14 (Penal Code 269 PC),
child pornography (Penal Code 311 PC),
solicitation of a minor who is under 18 years of age (Penal Code 288.4 PC),
indecent exposure (Penal Lawmaking 314 PC), and
sexual battery involving unlawful restraint (Penal Code 243.four PC).

Registrable convictions volition crave that the defendant annals:

every year, inside 5 working days of his or her birthday,^{half dozen} and
every time they move to a new address, within five days of the move.⁷

To prove that someone failed to annals every bit a sex offender, prosecutors take to evidence that:

the defendant was previously convicted a registrable criminal offense,
the defendant resided in the relevant jurisdiction or municipality,
the accused actually knew of his or her duty to register as a sexual activity offender in that jurisdiction, and
the defendant either willfully failed to register equally a sexual activity offender with the chief of police at the local police department or the county sheriff's office within 5 days of moving to that jurisdiction, or willfully failed to update his or her registration within 5 days of his or her birthday.⁸

Failing to annals is a misdemeanor, if the underlying criminal offense was a misdemeanor. Declining to register is a felony, if the underlying law-breaking was a felony.⁹

The penalties for misdemeanor failure to register are:

up to ane year in county jail,
up to $ane,000 in fines, and/or
misdemeanor (summary) probation.

Felony failure to register as a sexual activity offender convictions carry:

16 months, two years, or 3 years in state prison,
up to $10,000 in fines, and/or
felony (formal) probation.

A conviction for failure to annals volition generally not have any immigration consequences, though the underlying sex offense may. Nonetheless, a felony-level conviction for failing to register may implicate the registrant'due south right to comport arms.

A skilled sex crimes chaser tin aid defendants protect their rights and hereafter.

People v. Garcia, 25 Cal.quaternary 744 (2001). Encounter likewise California Penal Lawmaking 290 PC.
Facts from aforementioned.
People v. Barker, 34 Cal.quaternary 345 (2004).
People 5. Sorden, 36 Cal.4th 65 (2005).
Same.
California Penal Code 290.012 PC.
California Penal Code 290.013 PC.
California Criminal Jury Instructions (CALCRIM) No. 1170.
California Penal Code 290.018 PC.

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Neil Shouse

A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed boosted graduate studies at MIT). He has been featured on CNN, Good Forenoon America, Dr Phil, The Today Evidence and Courtroom TV. Mr Shouse has been recognized past the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.