Failure To Register as a Sex Offender – California Penal Code Section 290
Los Angeles Sex Crime Lawyer
If someone is convicted of a sex crime and fails to register as a sex offender as required by law under California Penal Code Section 290 that person may face some strict penalties. Our defense attorneys at Hedding Law Firm are here to help you if you are facing such a situation.
Failure to register may be charged as a misdemeanor or felony depending on what the underlying sex offense was charged as. A felony conviction may result in state prison for 16 months, and up to 3 years.
Annual Registration for Sex Offenders
This has to do with individuals who are registered sex offenders who have to register every year on their birthday or within five days of their birthday. They’re going to be given their rules when they go in there.
They have them sign a sheet and that way if they fail to register, they’ve already got the signature on there. The person can’t claim, I didn’t know I was supposed to do that or I didn’t know that I couldn’t do that. There are sorts of issues swirling around this Penal Code Section 290 violation – failure to register.
It’s usually a huge problem because most people, in my experience, that have to register as a sex offender, probably have a sex crime conviction and a prior strike on their record. So now, by getting this new case, they put themselves in a new position where they’re looking at state prison.
They’re looking at getting the sixteen, two and three month charge range all doubled. So, that means the lowest term they could be offered unless the prosecutor is willing to strike the strike — which is difficult to do in a sex crime case is thirty-two months in state prison. That’s a horrible offer, especially if it’s some ticky-tack weak violation.
Sex Offenders Moving to a Different Location
I mean some of the police officers, where someone will be transient and won’t have anywhere to live, and they’ll get them for that. The bottom line is, if you’re a transient, you have to go in there, report that you’re transient, fill out their paperwork and answer their questions. If you do that, you’re okay.
But what happens when you switch from transient to you get a location. You have to go back in there again. So, please don’t do that. What if you move to a different location? You have to go back in there again. I had a buy who moved from one location inside, like a huge apartment complex to another location inside that huge apartment complex. He thought he was okay because it was all under one address, but no, they came after him for that.
There’s all sorts of ways they’re going to try to get you for a Penal Code Section 290 violation, and of course they’re going to try to get you because they don’t like sex offenders — law enforcement, prosecutors, judges — so, they’re looking to get you, so you have to make sure you do things the right way.
But, if you are charged with a sex crime violation of you’re charged with a Penal Code Section 290 violation and you fail to register when you’re supposed to, obviously you want to get an attorney. I have you come in. We sit down and lay everything out and we see if there’s a defense to the case.
Defenses for Failing to Register
If we can make the argument that you didn’t realize that you were supposed to do something related to the registration then it’s not your fault. Maybe it’s somebody else’s fault. But, a lot of times, as you can probably guess, the prosecutors are going to be blaming it on you, so you want to make sure that if you do have a defense that you have a good attorney that can utilize that defense and put you in the best possible position, make the best argument and really give you an idea if you’re charged with a sex registration violation whether you have a chance to win.
You don’t want to fight one of those if you’re going to lose. You’re going to end up spending a lot of money and end up with a bad result. So, that’s definitely one thing in criminal defense you don’t want to do. If you’re going to spend money and hire an attorney and you’re going to try to fight the case and you have a chance to win, then that’s what you should do.
But, if you don’t have a chance to win and the prosecutor has the goods on you, then let the attorney make the strategic decisions that will help you and put you in the best possible position.
It’s probably not a good idea to fight the case, anger the prosecutors and anger the judge and then lose the case, because now they’re going to be looking to give you the maximum sentence. So, if you have a sex crime failure to registration violation of Penal Code Section 290 matter pending in Los Angeles County, pick up the phone, make the call and let me help you get out of the criminal justice system as fast as possible.
Defense Lawyer to Protect Your Rights
Our Los Angeles sex crimes attorneys are here to help you if you are facing failure to register charges. We will break down all the requirements and specific qualifications to registering and re-registering and see if the prosecution has a valid case against you. We will do everything we can to protect your rights.
In most cases, the prosecutors will assert prior strikes to impose longer prison terms and no probation. We will do everything we can to come against this. Our sex crimes defense lawyers have helped people in similar situations and we have achieved resolutions of no jail and probation or even a dismissal. There a many defenses we can claim on your behalf, such as lack of intent or lack of knowledge, to minimize the penalties.
We want to help you protect your reputation and avoid life altering consequences. We will sit down with you and give you expert legal advice and lay out all your options for you. Call our failure to register sex crime lawyers and set up a free face to face consultation.
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