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Defenses to Failure to Register as a Sex Offender

Posted by Ronald D. Hedding | Jul 25, 2020

Best Defenses to California Penal Code Section 290 – Failing to Register as Sex Offender. This obviously has to do with sex crime cases where people are ordered by a court to register as sex offenders, and they end up failing to do so in some way, and then the police arrest them.

When individuals fail to register as sex offenders, they are charged with a serious violation of Penal Code Section 290. This law governs sex offender registration in Los Angeles and across California.  This is a matter that the authorities take very seriously.

What I don't like about it is that I feel like a lot of times, the police try and trump up charges against people who have to register as sex offenders because they want them just to continue to get into further and further trouble. A lot of times, people aren't doing anything wrong.

They're not trying to beat the system.  They're not trying to commit more sex offenses yet. Perhaps you didn't know precisely what are all the requirements for registration.

When I take on a case where someone is being charged with failure to register, it becomes my responsibility to mount a strong defense.  It's crucial to consider whether a viable defense exists in such situations.

Case Dismissal vs. Negotiation with Prosecutor

It's important to understand the potential outcomes. Is it a case where we can convince the prosecutors to dismiss or not even file the charges, or is it a situation where negotiation is necessary?  Understanding the possibilities can give you a sense of control in this challenging situation.

The first thing I would say about defenses for sex crime registration is that I see people failing to register within five days of their birthday and getting arrested.  Sometimes, the police will wait until the next birthday to arrest the person.

It's probably just whether or not they're keeping track of stuff.  They're sloppy, lazy, whatever the case may be.  But, if the person hasn't committed any crimes and they're coming to register, sometimes people forget.  I've had a lot of clients that happen to me.

I forgot to Register on my Birthday

So, we have to see what the surrounding circumstances are in that case and why you failed to register within five days of your birthday.  If you did forget, sometimes prosecutors might consider that and give you a break if they feel that you are not trying to do anything wrong.

You need to be up to good, especially if you come to register the next time then obviously, the defense has a pretty good argument.  They just forgot before.  You don't want to ignore this because they don't take that type of stuff very lightly.

The defense in that situation would be that I didn't intend to violate Penal Code 290 PC.  I forgot that I was supposed to register.  That's a tough one because most people do know.

If you've been convicted of a sex crime, you know what your obligations are and what your responsibilities are.  A lot of times, you've registered before.  So, the courts and even juries will not accept that excuse.

This is especially true when you're a sex offender, and the reason behind they have you register so they can keep track of where you are and what you're doing, making sure that you're not committing any more crimes.

While forgetting to register is a tough defense, it's a possibility. If we can demonstrate this, we can use it to mitigate the case to a lesser charge. This is important because individuals convicted of sex crimes and now charged with failure to register are facing serious consequences, including a potential second strike case with a minimum month in prison.

We don't want to deal with that, so we can often get the prosecutor or judge to strike and give you something other than prison time.

Forgot to Notify Police You Moved

The next defense and the following subject area related to failing to register are people who fail to tell the police when they move, become homeless, or have not had a home for some time. That's one of the rules if you move. 

The point is, if you are living somewhere and that's where they think you're living, then you go somewhere else. What's the point of registering if you're not even at the address you're at?  So, sometimes people get in trouble with that.

They get caught in a different location or found at another place with all of their stuff there, and now the police realize they're sex offenders, and now they're asking if you're registered over here, why is your stuff over here?

So, that's another area that we get into, but if you have a good reason/excuse for it that makes sense, then a lot of times, I've been able to defend curses under those grounds where the person simply is living at two locations.  Sometimes that happens.

I had another client who moved from inside a substantial 100-home complex.  He moved from one unit to another, so he figured he had the same address; why did he have to say he moved to a different team?

I didn't see that anywhere in the paperwork that he signed when he signed up to register as a sex offender, so we could get out of it in that way and provide a defense for him and get his case resolved.

You Became a Transient

  Another potential defense is if you become transient and need a fixed place to live.  In such cases, prosecutors often show understanding, as they recognize the challenges of not having a stable residence. This can provide some reassurance in a difficult situation.

The last thing I would say about failing to register and defenses, a lot of this stuff is common sense, and if it makes sense, you shouldn't be charged with a crime.

This is because there was some mistake or accident, or you just didn't do anything, and they're trying to trump up some charges; then we'll have an excellent chance to beat the prosecutors.

But if, on the other hand, you did not do what you were supposed to do, then you're probably going to have to shoulder some responsibility for that, and it's going to be up to me.

Having done this for 26 years and handled hundreds of these cases, I am responsible for ensuring that we get you the best resolution possible. Contact our Los Angeles sex crime defense attorneys for a free case evaluation.

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Ronald D. Hedding

What Makes Ronald Hedding Uniquely Qualified To Represent You? I've been practicing criminal defense for almost 30 years and have handled thousands of cases, including all types of state and federal sex crime cases. All consultations are discreet and confidential.

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