Sex Offender Registry
BASIC REQUIREMENTS FOR SEX REGISTRATION IN LOS ANGELES (PENAL CODE SECTION 290)
Those individuals who have to register as a sex offender must do do within five days of their birthday at the local law enforcement agency where they live. Basically the purpose of registering with your local police department is so the police and community know where sex offenders live so they can take whatever precautions they deem appropriate. Where I see people getting in trouble, related to sex registration requirements, has to do with claiming they are living in one location and the police finding evidence they are either not living there or are living in multiple locations.
Most of the requirements related to sex registration are enumerated in Penal Code Section 290. What determines whether someone must register as a sex offender relates to the charge they plead guilty or no contest to in the court. Many people think that the courts make the determine whether they must register and are concerned about trying to negotiate a non-registration clause as part of their deal. However, the charge almost always controls whether you must register as a sex offender. So one way to avoid registration, is to not plead guilty to a charge that requires it. An exception to this is when the prosecutors or court give you a non-registration charge, but want you to register as a sex offender for the probationary period. This way your registration is limited to the probationary period, but it gives them a chance to keep tabs on you for a set period of time.
WHAT DO YOU DO IF YOU MOVE AND ARE SUPPOSE TO REGISTER AS A SEX OFFENDER?
If a sex registrant decides to move from one location to another then they must notify the police that they are currently registering with and the new law enforcement agency, where they will be living. I have had some registration cases where a person moved to a state that did not requirement them to register and told no one. This caused a warrant to be issued in California and they were eventually arrested in their new state and extradited back to California to face serious criminal charges. All they had to do was let California know they were leaving.
The moral of this story is that if you are required to register as a sex offender, you have to be vigilant about making sure that you do not put yourself in a position that you can be thrown in jail or prison for a long period of time. The authorities do not like these cases and are always on alert to through someone in prison if you give them the chance. If you are moving from one location to another, then make sure you let both locations know and even consult with an attorney, if necessary, to make sure that you do not put yourself in a bad position. Knowledge is power in this area and can easily be acquired with a little due diligence on your part.
HOW WILL THE PROSECUTORS PROVE THAT A PERSON DID NOT COMPLY WITH THE TERMS AND CONDITIONS OF THEIR SEX REGISTRATION?
Having litigated hundreds of 290 registration violation cases, I have a pretty good idea of how the prosecutors will generally try and prove their case. They will call as witnesses the police officers who are in charge of the sex registration information at the particular law enforcement agency where the defendant was suppose to register to testify about the particular defendant. They will bring all of the documents that the person signed showing they they knew what their requirements were from the judge and the location of their registration.
The prosecutors will also call as witnesses the police officers who investigated and arrested the defendant for not being in compliance with his or her registration requirements. They will testify to where the defendant was living and to the substance of the alleged violation. Once the judge hears all of the evidence, he or she will have to determine whether the person is in violation of Penal Code Section 290. This can have grave consequences because if the person is found to have violated its dictates and has a prior strike (related to the original offense) then any sentence the judge gives them will be doubled.
WHAT ARE THE SEX REGISTRATION REQUIREMENTS FOR SOMEONE WHO IS HOMELESS?
Most the the requirements related to sex registration are fairly straight forward and based in common sense. If a person is homeless then they are to go into the local police department in the jurisdiction where they are staying or where they were arrested and prosecuted and let them know their living situation.
I rarely see people being prosecuted when they are straight forward about what is going on with them and tell the truth about their situation. There are forms to be filled out at the local police station and police officers who are specifically assigned to deal with those individuals who must register and those individuals who are not in compliance with the terms of their probation, parole or the paperwork they submit to the police station. Call our law offices at (866) 986-2092 or fill out contact form.