Understand the Potential Consequences of Failing To Register as a Sex Offender Under California Penal Code 290. Penal Code Section 290 is the Code Section the prosecutors will file against somebody who fails to register as a sex offender. This is a serious matter with potential life-altering implications.

Penal Code Section 290, the Code Section used to prosecute those who fail to register as sex offenders, is a straight felony. The potential consequences are severe, often leading to significant prison time, especially in Los Angeles County, known for its strict stance on sex offenders.

I can tell you right now that one of the biggest reasons that people go to prison if they fail to register as a sex offender is that the crime that got them to have to register as a sex offender, a lot of times for a lot of people, is a strike.

Was the Sex Crime a “Strike” under California's Three Strikes Law?

So, if it's a standard term of 16 months or two years, they're going to double that common term.  So, you're typically looking at 32 months or four years, at minimum.  Unless they strike the strike, Code Section 290 can cost you a lot of time in custody.

So, the answer is, typically, the prosecutors will be talking about prison.

However, in my opinion, having done 26 years of these cases in Los Angeles County, the reality is that the rub will be whether or not the reason for your non-registration had a sinister purpose behind it.

In other words, did the prosecutors believe that the reason you didn't register was that you wanted to hide from law enforcement to commit some sort of an offense, maybe?

If they believe that they're going to want prison time, I can guarantee you.

Specifically, Why Did You Fail to Register as a Sex Offender?

If, on the other hand, you do something stupid and forget to register or you register in the wrong location — you claim you're living at one place, and they've got evidence that you're living someplace else — that's a different story.

That may convince them to give you another chance, to put you on probation again.  They're not just going to get rid of the case.

You're notified you have to register as a sex offender on your birthday, and if you don't do what you're supposed to do, the prosecutors are going to take a challenging position against you.

Failing to register is not the type of offense they'll give you a break on unless they believe that it was an error on your part and that you weren't trying to do anything illegal or commit any sex offenses.

It's your defense attorney's role to convince the prosecutors that your failure to register was not an intentional act to commit a sex offense.  They need to present a strong argument and evidence to support their case.

Regardless of the reason for your failure to register, it's crucial that your defense attorney can present a compelling argument that makes sense to the prosecutors. This is key to your defense strategy.

So, if you or a loved one is arrested and facing potential prison time due to a failure to register and a charge under Penal Code Section 290, it's crucial to act now. Pick up the phone and ask to speak to Ron Hedding. Immediate legal assistance is your best chance to navigate this challenging situation.

At Hedding Law Firm, we stand ready to help you.  We understand that everything's on the line, and we're committed to doing everything we can to support you and your case.

I'm going to try to keep you out of prison and preserve your ability to work and care for your family. All you have to do is make the call and set up the meeting, and I will get this moving in the right direction.