California Sex Offender Registration Attorney
Sex Crime Lawyer for Failing to Register as a Sex Offender in California
According to California Penal Code section 290, if someone is convicted of a sex crime, then by law, that individual is required to register as a sex offender with Local Law Enforcement within five business days of coming to a particular area for the purpose of residing.
Sex crimes include but are not limited to: sex with a minor, indecent exposure, statutory rape, spousal rape, child molestation, arranging a meeting with a minor for lewd purposes, lewd conduct, oral copulation, and other similar offenses.
An individual charged with a sex offense must register and re-register annually (within five business days of his or her birthday) for the rest of his or her life while residing in California or attending school or working in California.
These violations can be very serious and the police and prosecutors, in my opinion, really do not like people who have to register as a sex offender. So, they will do everything they can to twist things to make it look like there’s a violation and they’re going to do everything they can to put that person in custody — whether it be county jail or prison.
Sex Registration Violations Are a Second Strike Case
Another big problem with these registration violations is that usually you’re talking about a second strike case and the person is looking at a minimum of thirty-two months in prison.
The reason why is because most of the time I see these cases, the individual has to register as a sex offender and had to plead to a strike, so now they have a new felony — that Penal Code Section 290 violation — so, they’re looking at a second-strike case. That gives the prosecutors a lot of power against that person.
A lot of times I’m seeing these little ticky-tack weak 290 registration violations that really should not be filed.
The person should be warned and told if they do it again then they’re going to have a problem, and the person is really not up to anything sinister, not trying to commit a sex-related offense and not violating Penal Code Section 290 in such a way that it was meant to protect against the reason that we have sex registration for individuals..
California’s Three Tier Sex Offender Registration System
Another big thing that is going on in this field that you should know about is, there’s now a three-tier system. So, you yourself should do a little research on that if you have an issue related to that and whether you’re going to plead to a case, what the ramifications will be, and then after you do your own research, give your attorney a head ups and let him know.
I have people when they call me, I want to know what are you going to ask about? What are you concerned about? And then I will do my own research and my own independent investigation about it and of course, I’m going to use my twenty-five years of experience and then we can really get down to the nitty-gritty as to what the case is all about, whether there is a defense to the case or whether we need to plead and we’re trying to find some non-registerable offense, or whether it’s going to be a registerable offense, but it’s not going to be a lifetime registration.
There’s so many issues surrounding Penal Code Section 290 and having to register and the registration violations. But the bottom line is, your best strategy when it comes to one of these situations is to get in front of an attorney, tell him the truth about what happened, give him all the information.
And then you and the attorney strategize on exactly how you’re going to handle the case moving forward. What type of an investigation are you going to do? What type of mitigation evidence are you going to get and then the attorney will guide you through the process.
Developing A Strategy For Best Possible Outcome
I have people come in. We sit down and have an honest conversation and then we decide what we’re going to do moving forward — what the best moves are, what the best strategy is, what the likely result is — and then a lot of times I go and speak to the prosecutor and I get some feedback and then I sit back down with the client and we walk about it.
So, the best strategy is to tell the truth to your attorney. Let your attorney guide you through the system and obviously, listen to your attorney if you’ve hired an attorney, and they’re giving you advice, obviously you should listen to that advice and make the best moves moving forward.
My job when it comes to these sex offender violations and someone being charged with violating Penal Code Section 290 is to first educate you and then do everything I can to defend you and get you the best possible result that keeps you out of custody. We will try everything we can to get this thing resolved in the best possible manner.
As a sex offender, there is a possibility to have an individual’s case dismissed subsequent to probation completion (an expungement), but unfortunately, the person is required by California law to still register and re-register as a sex offender under Penal Code Section 290. We can give you crucial information on how to avoid sex offender registration in a California sex crime case.
Next Step in Your Defense
If you or someone you know is facing a sex crime, our defense lawyers have the experience and qualifications to aggressively defend your case. If you have already been convicted of a sex crime and are facing accusations of failure to register or re-register, we can still assist you.
Call For A Free Strategy Session