Los Angeles 290 Registration Attorney
There are plenty of legal defense strategies for people who were charged with failing to register as sex offenders in Los Angeles. Sure enough, not all the defense strategies will be perfect for particular cases. One of the most common defense strategies is based on the fact that the authorities themselves will need to provide the offender with their requirements. In cases where the person did not completely understand what they were meant to do, this would be the main defense. The very first thing that I look at is what exactly the judge told the individual about their responsibilities that are related to registering as a sex offender. Furthermore, there is also the need to check what the individual was told when they first registered. We are searching for any inconsistencies in what the individual was told and if the person was not provided with ample information on the matter.
In addition, we have witnessed many times that people that were required to register were provided with incomplete or entirely wrong info at the police department when they were going to register. The best method to really demonstrate the inconsistencies in what the individual was told would be to litigate the case and place the police on the spot, asking them exact questions regarding what precisely they told the individual and what kind of paperwork they made them sign. Judging from my legal experience, every single individual that visits my office with this kind of offense will have their own personal story, which is unique to them and the situation they are in. One way or the other, it is very important, crucial even, to be 100% honest about what you did. Once our attorneys have all the facts, we are going to be able to come up with the ideal defense strategy for you.
When a person is prosecuted for violating Penal Code Section 290, the jury will be provided with an instruction from the CalCrim Jury Instructions, which asks to prove that the defendant is guilty of this crime:
1) The defendant was already convicted in the past for a crime that required them to go and register as a sex offender. This implies that the legislature came up with a list of crimes that require an individual to register as a sex offender. In case an individual pleads guilty to any of those sex crimes, they will need to register as a sex offender for the remainder of their life.
2) The defendant has to reside in the State of California. This requirement is placed here since in case the individual is living in California, they will need to register with the local law enforcement department on their birthday or this will turn into a violation.
3) The defendant will need to be aware of the fact that they need to register as a sex offender within 5 working days of their birthday. Once the individual pleads guilty to that crime, they will need to be provided with information by the judge that explains all the requirements. Furthermore, when they are going to register, they will need to sign a form, which informs them of their requirements that are related to their new responsibilities. When I am defending my clients throughout the trial or even preliminary hearing, this is actually an issue, since clients often mess some parts of the registration up and are saying that they were unable to understand what their responsibilities were. In case the judge and the police were unable to make it clear for the person precisely what they are supposed to do, this could prove to be a great defense strategy indeed.
There is also a problem if the defendant moves away or loses their home. In case this happens, they are going to have 5 days to get to the last place they registered at and tell them that they relocated or lost their property, and also where they are planning to stay. Once more, this is a pretty vast area, which may be litigated in those cases, since quite often the client will indicate that they are living in one place, but in truth will stay somewhere else. If the police are able to prove that you are residing at a place where you did not register, this could be a violation of Penal Code Section 290 too.
Regardless, if you were charged with that penal code section, it is very important to get in touch with a qualified as well as genuinely experienced legal representative as soon as possible. Seeing how sex crimes are also strikes in the State of California, any person that is arrested for not registering as a sex offender will be facing quite a large amount of prison time, unless their lawyer is able to either demonstrate that the person is innocent or that the person made an error. If you or your loved ones were charged with failure to register as a sex offender, contact an attorney right away in order to come with a solid defense strategy as soon as possible.