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 and a lot of time, people are very worried they're going to go to prison for a significant period of time, 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 low term of 16 months or 2 years, they're going to double that low term. So, you're typically looking at 32 months or 4 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 are going to be talking about prison.
However, in my opinion, having done 26 years of these 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 is because you wanted to hide from law enforcement for the purpose of maybe committing some sort of an offense.
If they believe that, they're going to want prison time, I can guarantee you.
Specifically Why Did You Fail to Register as Sex Offender?
If on the other hand, you just 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 tough position against you.
Failing to register not the type of offense they're going to give you a break on unless they really 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 type of 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 really 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 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.