I was convicted of a sex offense in another state. Do I have to register as a sex offender in California? (CPC 290)
I was convicted of a sex offense in another state. Do I have to register as a sex offender in California? (CPC 290)
Depending on the type of crime you have been convicted of in another state, you may be required to register as a sex offender in California. If you were convicted of any offense that if committed or attempted in the state of California would have qualified as a sex offense that requires registration under California Penal Code section 290, you will be required to register as a sex offender in…
Read MoreWhat is a Hofsheier motion? (California PC 290)
What is a Hofsheier motion? (California PC 290) If you are charged with a sex offense in California, one of the most devastating consequences upon a conviction is a requirement that you may have to register as a sex offender for the rest of your life. For most sex crimes, the court must impose this requirement. However, for certain unlawful but unforced sexual acts involving a minor over a certain…
Read MoreWhat requirements do I have to meet to be eligible for a Certificate of Rehabilitation? (CPC 4852)
What requirements do I have to meet to be eligible for a Certificate of Rehabilitation? (CPC 4852) A California Certificate of Rehabilitation is a court order that states you are rehabilitated after having been convicted of certain crimes. Under California Penal Code section 4852.05 in order for you to be eligible for a Certificate of Rehabilitation you must show that you live an honest and upright life, exhibit good moral…
Read MoreI was Charged with Child Molestation in Orange County. Will I have to Register as a Sex Offender?
I was Charged with Child Molestation in Orange County. Will I have to Register as a Sex Offender? California Penal Code section 290 lists all crimes that require you to register as a sex offender if convicted. Annoying or molesting a child in Orange County, under California Penal Code 647.6, is one of the crimes listed under California Penal Code section 290. Therefore, if you are charged and convicted of…
Read MoreDo I have to register as a sex offender for life?
The answer is “maybe”. California law does allow terminating your obligation from registering as a sex offender under PC 290 under certain conditions. You can stop the insanity, and seek termination of your obligation to register under these situations: 1- Seek a certificate of rehabilitation. If you qualify and if granted by a superior court Judge, it could result in stopping sex registration. 2- Seek a Governor’s Pardon. If you…
Read MoreHow can I avoid registering as a sex offender?
Here are some good ideas you need to think about when faced with a sex crime in California: QUESTION #1: Is my attorney do all he/she can to do to represent me so formal charges are not filed? - Did your attorney call the prosecutor before they filed a charge and discuss the case and try to convice them not to file? Many times, this can lead to a prosecutor…
Read MoreDiscretionary Sex Offender Registration – What Do I Need To Know?
Discretionary Sex Offender Registration – What Do I Need To Know? In California, a person may be required to register as a sex offender pursuant to either mandatory or discretionary sex offender registration requirement. Most typical sex-related crimes that require mandatory sex offender registration include lewd or lascivious act upon a child, rape, sodomy, oral copulation with a minor under 14 years old, or sexual penetration. However, the court may…
Read MoreWhat You Need to Know About Megan’s Law and Sex Offender Registration in California
Registration as a sex offender is mandatory under Penal Code section 290 for persons convicted of one of the sex offenses listed in that section. Even if the offense is not listed in Penal Code section 290, a person may be ordered by a court to register as a sex offender if the criminal offense committed was sexually motivated. Each person convicted of such an offense has a lifelong obligation…
Read MoreCalifornia State Supreme Court to Determine Constitutionality of Requiring Registered Sex Offenders to Live Far from Children – Part 2
As stated in the previous post, on November 3, 2009, the California Supreme Court will hear a case that will affect thousands of paroled sex offenders who are forbidden by Jessica’s Law from living within 2,000 feet of places children regularly gather. In the meantime, trial judges around the state have granted 47 paroled sex offenders, who have filed habeas petitions, “stays” of the Jessica’s Law housing rules because this…
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