Learn Whether You Will Be Facing Prison Time If Convicted 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.
That Code Section is a straight felony. Often, people are apprehensive they're going to go to prison for a significant period, especially in Los Angeles County, which is notoriously tough on sex offenders.
I can tell you right now, 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, that 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're going to give you a break on unless they believe that it was an error on your part and you weren't trying to do anything illegal, or you weren't trying to commit any sex offenses.
This is up to your criminal defense attorney to convince them of that, to show them evidence of that, and to argue on your behalf that you don't have any intent to do anything wrong. You did something stupid.
Whatever the reason is, it has to be a reason that makes sense to the prosecutors, and it has to be something that your defense attorney can make a strong argument on.
Call If Hedding Law Firm If Charged With Failure to Register
So, if you or a loved one is arrested and looking at prison time because of a failure to register and they've charged that Penal Code Section 290 violation, pick up the phone now. Ask to speak to Ron Hedding.
I stand at the ready to help you. Everything's on the line.
I'm going to be looking to keep you out of prison, try to preserve your ability to work and care for your family. All you have to do is make the call, set up the meeting, and I will get this moving in the right direction.
Hedding Law Firm is a criminal defense law firm located in Los Angeles County at 16000 Ventura Blvd #1208 Encino, CA 91436.
Contact our firm for a free case evaluation at (213) 542-0979.