This involves filling out specific forms, providing your new address, and potentially meeting with a law enforcement officer to confirm the change..
If they violate their probation, or even if they're not on probation, if they fail to register as a sex offender, they can be charged with a felony. If they pled to a strike in the original case, it can be alleged as a second strike case, and in a lot of those cases, the person is looking at a minimum of thirty-two months in prison. So, it's very serious business.
Another big thing that I see that's particularly troubling and that people should look out for is that you have to register at a local police department every year on your birthday. Obviously, the local police department is going to be the one who enforces whether you're doing what you're supposed to and whether you're compliant.
They have a bad attitude, and a lot of times, they're slanted against people who have to register as a sex offender, so they're really just looking for any excuse to violate you and be able to get you back in custody. So, when you know if that's what you're up against, you really have to make sure that you do everything correctly and do not run afoul of your responsibilities.
Where I see trouble coming is when, for example, somebody moves to a different location, and they don't report that move to the police. That's going to be a direct violation of your responsibility to register as a sex offender.
If you change addresses, you need to immediately alert the police where you register of that change and address. If they find out that you're living in a different location and you're registered somewhere else, they're going to arrest you and charge you. You're typically looking at a felony and potential prison time. So, that's one area where people have issues.
Another area where I see people having issues is when they don't have a home. Maybe they become transient for some time, or they're in the middle of getting one place, and they're staying somewhere else. Again, you have to go in and report that.
You can't just do nothing because if you don't report it and they catch you and they realize that wherever you're registered to, you're not living there anymore, then you're going to put yourself in a position where you're going to get charged and someone is going to have to defend you.
Moving Out of State and Failing to Register
Another area where I see people having trouble is when they decide they don't want to register as a sex offender. They don't want to live in California anymore so they move. When you move, you have to let the local law enforcement agency know that you moved, where you went, etc.
If you don't do that and you just move, as soon as it comes time to register and you don't register within five days of your birthday, they'll issue a warrant for your arrest. I've had a bunch of those cases.
Then they'll catch you in the state that you're now residing in, and then it will be a matter of whether California wants to deport you back based on that warrant, and when it's a sex crime-related offense, they usually do. So, now you have to take a trip back from wherever you are, and that sometimes can take two, three, or four weeks to get back to California. Meanwhile, you're sitting in custody. It's a horrible result.
So, obviously, if you have to register as a sex offender, just because you decide to move to another location doesn't mean you no longer have the requirement to report to that law enforcement agency. What you have to do is go in there, let them know you're moving, let them know where you're going, and then you can follow the procedure to be able not to have to register any longer in the California jurisdiction because you're no longer living there. This procedure involves filling out specific forms, providing your new address, and potentially meeting with a law enforcement officer to confirm the change.
Then you have the concern that when you move into a new jurisdiction, you need to check its laws and procedures related to whether or not you have to register as a sex offender. Many of those jurisdictions have many of the same requirements that Penal Code Section 290 does, where you have to register there within five days of your birthday.
You want to make sure that you handle that the right way because if you don't and they find out about it, then you're going to pick up a new case there and have all sorts of issues that you just simply don't want to have. This could include additional charges, extended probation, or even more severe consequences depending on the laws of the new jurisdiction.
When it comes to registration, it's essential to be proactive. Take the time to understand your requirements and fill out the necessary paperwork. By being prepared and responsible in this process, you can avoid running afoul of the rules and prevent potential legal issues.
If you do, pick up the phone. Make the call. I can help you. I've been handling these cases for many years. I know how they're dealt with the right way. I know when law enforcement has been over-zealous and not treated you fair, and when you really should not have had a criminal case filed against you and I will definitely, on your behalf if you hire me, take that up with the prosecutors.