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National

CO: Sex Offender Registration Act Requires Registry for Individuals with More than One Conviction for Unlawful Sexual Behavior

Defendant pleaded guilty to one count of second degree sexual assault and one count of third degree sexual assault and entered into a plea agreement. Among other things, the plea agreement provided that the trial court would dismiss the felony charge once defendant complied with his deferred judgment. A condition of the deferred judgment was that defendant register as a sex offender pursuant to the Colorado Sex Offender Registration Act (SORA). Defendant completed his deferred judgment and the felony charge was dismissed. Years later, defendant filed a petition to discontinue the requirement that he register as a sex offender. The trial court denied the motion. Synopsis and Opinion

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  1. Ali

    I just started my probation (5 years and post 10 year registration (tier 1)). Almost done with Sex Offender Treatment (CSOT). I am hoping I can get off probation early, then registration without a problem in Texas. If anyone here has positive news for similar situation please let me know or if you want me to be part of legal team to fighting these laws let me know!

    • Don’t tread on me

      My attorney successfully argued that while a judge (in Michigan) was required to minimally sentence me to 5 years of probation, the law does not restrict them from altering the sentence after the fact. The argument was made that many other sentencing guidelines for other types of criminal convictions specify that minimum sentencing may NOT be altered after the fact. The logic being that the sentencing does not specifically state that no adjustment is allowed for CP violations. While Colorado may not have the same wording, it might be worth exploring.

    • Chris F

      I am from Texas.

      If your offense is a chapter 62 offense requiring 10 years registration then I don’t see you getting off early from the registration requirement. The law is written by legislators to include deferred. Judges here don’t always follow rules though, so if you have a judge that likes you then maybe you could get lucky and them terminate the registration requirement. Good luck and keep us posted!

  2. Chris F

    On this case it depends who defined “convicted” to mean that this also includes someone that completed deferred adjudication. If it was legislature, then he is out of luck and should have known when he took the deal.

    If, however, it was an attorney general or other person in the executive branch that took it apon themselves to redefine convicted to also mean not convicted, then that is a clear violation of separation of powers and should be challenged.

  3. Robert Curtis

    We need activist RC and/or their family members to engage in the community. Bullies are handled one of three ways…1) you run from them. 2) you appease them. or 3) finally, you stand and fight them. The first two methods hasn’t worked to well for us. I will train any RC or there family member how to fight back in salons and barbershops by getting people removed from elected office (done apart from ACSOL). I’ll do this while teaching a trade and providing equipment I invented to do so. Become a salon scissor sharpener at LOW to NO COST…This is my way to fight back. What I do is impact election via doing FREE scissor sharpening in the name of my candidate for the hairdressers and barbers. It works! I got a Democrat elected in a strongly held Republican district in California. Go to Youtube and watch my videos for free search: “Sharp-N-Go mini” For your machine I’ll send you a Free DIY e-manual via attachment. This might seem like soliciting but it’s NOT because I gain nothing financially…actually I take a loss…

    • Tim Moore

      I guess the key question is how sustainable is this?. Is there a chance for many RC’s to enter this market? That would be a great job niche for RC’s. Even without the political aspect, RC’s just having some extra money to donate to ACSOL would be a plus. I am all for it.

  4. Brian

    Ali,
    What were you charged with? I am a “low risk” offender but charged with a 1st degree felony here in the not so great state of texas in 2003. my registration is lifetime after completing a 10yr deferred adjudication which was successful. what county were you tried in? The courts here are very tight on registry removal. Good luck to you. we all need to stand up and start fighting this in a very vocal way. Also kudos to Janice and the crew.

    • Ali

      @Brian that dont make sense… deferred adjudication but a lifetime registration? Were you able to get off registry when it was introduced? It seems like you wouldn’t qualify 🙁

      I had 5-6 counts of 2nd degree felony against me. My plea deal was brought down to indecency with a child by exposure/ 3rd degree felony.

      What really sucks for me is restitution of $11,000 and the 10 year registration.

      This was in Travis county, took 2 years of waiting to get this plea deal with my attorney. no prior offences.

      I put my self in a really good position and have learned alot through the process. I thought about alot of things that could affect me that alot of people dont think of when they accept any plea deal. I hope someone will read this and reach out to me so I could be of example of success.

      • Brian

        @Ali. Thats why this is so screwed up. My county of record was Collin Co. in north Texas. very conservative. I agree that that since deferred is not considered a conviction in Texas I should not be on the registry. But, try and convince anyone of that. I am talking with some people to see if a challenge is worth a try. The statute is contradictory. Also, the removal process is tied to the Federal AWA statute. Makes no sense since Texas is Non AWA compiant. But, the knuckle heads in Austin can do what ever they please and we get screwed.

      • CR

        “… deferred adjudication but a lifetime registration? ”
        ===========

        I also had 10 yr deferred adjudication on two felony charges, and was required to begin lifetime registration when I was half way through my probation period. That was back in ’97, five years after my court date. I’m ineligible to be removed from the registry.

        This is not uncommon in Texas.

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