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Failure to register has no statute of limitations attached. Courts will consider this a continuing offense.
You may be charged with two offenses for the following:
1. Failure to inform authorities of a change of address.
2. Failure to annually update your sex offender registration.
The above pertains to willfully failing to register for a sex offense. The prosecution must prove that you willingly failed to do so.
Sex offender registration is required within 5 days of an individual’s date of birth every year. If a person becomes homeless or transient, registration is required for every move to a new location. Violation of sex offender registration is considered a ‘continuing offense’, so every time a person fails to register it is deemed a new criminal offense.
If a person is on parole, violation of parole occurs if the individual fails to register as a sex offender. If the sex offense was deemed a ‘strike’, or violent crime against another, failure to register may subject the party to harsh sentencing, based on California’s three strikes law.
There are some possible extenuating circumstances that may present in favor of the violating individual. If you were faced with hospitalization or impassable weather conditions, for instance, a skilled attorney may be able to defend in your favor.
Forgetting to register is not a valid defense.
Sex offenders are often stigmatized by society, and can be subjected to misconduct through unlawful arrest or false accusations when registering as a sex offender. A skilled attorney can verify this abuse and it will become a viable defense.
Conviction of a sex crime in California is a life-changing event which can result in public humiliation, a long prison sentence, or both. The stigma is ongoing, as you must register as a sex offender once you leave prison. This registration may last for the rest of your life. Failing to perform this duty can result in new criminal charges.
A person may be able to qualify for a Certificate of Rehabilitation, based upon the specifics of the original crime. The Certificate of Rehabilitation is a court certified document proclaiming that you are demonstrating good moral character and obedient to the laws of the land. This certificate restores civil and political rights to applicants who have proved to be rehabilitated.
The stated requirements are as follows:
“The person shall live an honest and upright life, shall conduct himself or herself with sobriety and industry, shall exhibit a good moral character, and shall conform to and obey the laws of the land.”
If you are faced with sex crime charges or violation of sex crime registration, it is critical to speak with an experienced Los Angeles criminal defense attorney immediately. A criminal defense lawyer has experience in defending sex crime cases. Sometimes an attorney has been successful in helping a client avoid the requirement to register as a sex offender. An experienced attorney can also assist you in obtaining a Certificate of Rehabilitation if you qualify.