One of the most common charges for individuals with sex crime convictions in Los Angeles and California is the failure to register. The police and prosecutors are swift to file a criminal case if you've been convicted of a sex crime and fail to register. The consequences of this can be severe, making it crucial to understand the legal implications and seek professional advice.
They don't like people who commit sex crimes. They're sworn to uphold the law, so when you're going into that police station and registering as a sex offender, the police are looking for everything they possibly can to charge you with a crime, potentially.
Annual Sex Offender Registration in California
One of my clients, who had to register due to a past sex crime, forgot to register for one year. Due to a lapse in the police's system, they didn't notice his failure. However, the following year, when he went to register as usual, they caught the oversight. This simple mistake led to serious consequences. To convict you for failing to register as a sex offender in California, the prosecutor has to prove all the elements of the crime listed under CALCRIM 1170 Jury Instructions.
The following year came around; he went in to register as he usually did, and that's when they caught him. That's when they looked and saw that he didn't register the year before.
It was a simple mistake on his part, but because of the nature of sex registration and sex crimes, whenever you contact the police, they're going to do everything they can to see if they can get you back in custody. That's a sad state of affairs, but it's true. You have to realize that.
Sometimes it's not that you failed to register; sometimes your registration is correct, but then you move to a different location and fail to register again with the correct address.
The whole point of sex registration is so law enforcement can monitor where you are and what you're doing. If you're registering at one address and then move to another without updating it, they won't know your new location. They think you're in one location, but you're not.
Sometimes, people become homeless temporarily. Then you have to register as a transient. If you don't do that, you're going to get arrested, and a lot of times, you're being charged with a second strike case because many times, people who plead to sex crimes, it's a strike when they plead to it.
So, now you pick up a new felony — now it's a second strike case — the prosecutors are looking for a minimum of 32 months in prison. So, nobody wants that.
You Didn't Receive Proper Notification to Register as a Sex Offender
The way that you beat a sex registration allegation is to show that you didn't violate whatever the police are claiming you did, or that maybe you did something that technically would be a violation. Still, the police didn't properly advise you, or the judge didn't properly advise you that you weren't supposed to do a sure thing at the time of your plea.
Then you would have a defense and have a chance to beat a sex registration charge. Often, these charges are blown out of proportion. Another way to beat them — instead of trying to get a complete not-guilty verdict, which you can't do every time — is to get some lesser charge. Often, the prosecutors will consider this if the spirit of the sex registration law is not violated.
In other words, the policy behind sex registration, Megan's Law, is that they're able to keep track of where people who are sex offenders are so they can protect the public.
Actual Mistake and Lack of Intent
Therefore, even the public has a right to know the whereabouts of these individuals in certain circumstances. That's the whole spirit — that's the purpose of it. Suppose you're not doing anything or failing to do something in line with that spirit, and you just made a simple mistake and did something stupid. In that case, a lot of times, the prosecutors, if your criminal defense lawyer can show that to them, will take pity on you, have mercy, and not try to put you in prison for a long time.
If it's a genuine mistake and there is intent involved, many times these cases can be dismissed, and that's how you would avoid a sex registration case. All cases spin on their facts.
Don't let anyone ramble on about something over the phone to you. You're going to have to meet with someone like me, who has been handling these cases for over 25 years.
Don't let anyone misguide you over the phone. You need to consult with someone like me, who has been handling these cases for over 25 years. I've seen the good, the bad, and the ugly and know how to deal with the prosecutors and judges when it comes to these sex crime cases. If you don't get in front of somebody like that and just talk to some inexperienced person over the phone, you're going to get wrong information, and you're going to make bad decisions based on that information.
Consult with a Criminal Lawyer to Review Case Strategy
I wrote a book called Know Your Rights, which provides a foundation for dealing with a sex crime case from the outset. If handled correctly from the start, you will be in the best position to move forward with the matter. It's crucial to start on the right foot to ensure the best possible outcome.
If you handle it wrong from the beginning, you're going to put yourself behind the eight ball. You're going to make bad decisions, and you're going to end up with a bad result.
So, pick up the phone. Make the call. We'll sit down, and we'll get your sex crime case. If you're charged with failing to register as a sex offender under Penal Code Section 290, we will get everything set up the right way so you can end up with the best result.
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