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General Comments May 2014

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please! please! someone help us sex offenders. Im 83 years old so Im past the age of caring what they are doing to me, but Ifeel sorry for these young fellows who have to go through this tearable plight the rest of their lives in california

Just hang in there the tide is changing mean a while do everything you can to help Janice
if you can go to the meeting. GO.

Help them help others. Donate something to carsol or go to a meeting, tell your story here, I don’t know. You may be the drop that tips the bucket. I don’t know. Try something.

Hi Jerry: We have Janice, Chance, and others Like Frank, who is putting it out there on the line, breaking his anonymity to further our cause for justice and reform of the myriad of overly oppressive and largely ineffective laws and ordinances that have ruined and negatively impacted the lives of so many; including innocent family members and blameless children. The absurd and mentally insulting fact that you are still required to register is just one example in the very long list of examples of why people resist and fight this battle in whatever way they can. As cool rso… Read more »

I saw where an out of state sex offender from Michigan living in Deland ,Fl. by the name of Daniel Johnson was able to be removed from the sex offender registry in Florida due to the fact that he was convicted in 1996 in Michigan at which the public safety act of Florida 1997 at which requires photos and addresses of where sex offenders reside. Due to the fact that he was convicted before the 1997 date of the public safety act, he was deemed ineligible to register in the state of Florida and no longer has to register in… Read more »

How can we get more info about this because my guys conviction was in NY in 1988…
Do you know who represented him?

I just found out yesterday that my charge under PC 289(h) does, in fact, qualify me to pursue a HOFSHEIER WRIT. (Thanks to Joe’s encouragement to check into it.) Even though I’m living in the midwest now, I’ve contacted a CA law office and he gave me the run-down of what I needed to know. Is there someplace (i.e. comment section) on this site that I can ask questions about this process? Example – Should I wait until I have 10 years under my belt from my conviction? (I have 8 now.) What attorney’s are well acquainted with this process?… Read more »

The California appeals courts have ruled that your time on the registry must be in California to qualify you for a Certificate of Rehabilitation. This was first decided in a case involving someone who had moved to Arizona, and even though he registered there, the California courts said he could not apply for a COR until he did the minimum registration time in California. They said it made no difference that he was registering in Arizona and so under “surveillance” by authorities there.

According to my attorney, a COR is different from pursuing a HOFSHEIER WRIT or a Governor’s Pardon. Yes, the COR does require me to live in CA, but the latter 2 options do not (according to the CA atty I spoke with).

Anyone else have any input on this, please?

Hofsheier and the COR are two different roads that may offer relief to someone like you. Hofsheier had to do with mandatory and discretionary registration for an offense like 289(h) or 288a(b)(1) (digital penetration or oral copulation of a person under 18 (17/16)). Those two crimes are listed under “Crimes against nature” and used to have mandatory registration. However, regular sexual intercourse (like in the bible :)) with a person under 18 was NOT subject to mandatory registration. Hofsheier was a guy in his 20s who had non-forcible, willing oral sex with a 16 year old girl. He was required… Read more »

Thanks, Joe. It seems my conviction was just right around that time – maybe within 30 days). I can definitely see where it would matter whether or not it was before or after, but what’s odd is the judge & DA seemed completely oblivious to the fact that my charge was a “wobbler”. The reason I say that is because the assistant DA was adamant about not accepting my plea unless I went with a charge that carried with it a mandatory lifetime registration. But either way, I sent an email to Mr. Oberstein through Avvo – hopefully he gets… Read more »

I’m a bit confused. Does this mean that since I was ordered to register per the judge’s discretion (in 2010), I cannot file a Hofsheier motion? My only option is a COR?

I thought the COR was only for those who served state prison. I was only given probation.

It would SEEM to me that there are two different scanarios, pre and post Hofsheier. PRE Hofsheier (~2005) the sentencing statement would go something like this “I sentence you to probation and have no choice but to order you to register pursuant to PC 290”. POST Hofsheier would be “I sentence you to probation and am ordering you to register pursuant to PC 290 because I am choosing to do so”. It would SEEM to me that the Hofsheier argument is void in scenario #2. But please do not take my word for it as I am not an attorney.… Read more »

NPS, yes, I think you have it right. You have to register under the discretionary clause. That would stand regardless of Hofsheier as that clause allows the court to order registration for any offense at all if it is determined it was due to, as I recall, compulsion for the purpose of sexual gratification.

Now that you mention it, yes, you are right. Hofshier does not need to interact with a COR.

So today I received my Primary Election pamphlet… and 2 candidates disturb me.
George Runner, who preaches that because he passed Amber Alert and Jessica’s Law he should be voted… and Lydia Gutierrez who says “I will push for legislation protecting children” and ends the statement with “Let us together, put children first!”

Voting time always brings a spine chilling effect on me… Anyone that mentions “Sex offenders, predators, for the protection of the children” is a automatic win…

In San Diego, Nathan Fletcher did TV adds with a big picture of the slain Chelsea King in the background. I too thought he was a shoe in. He lost. Twice. The public does see through the hype, and I cautiously say, if given the truth, and not just emotional candy, people are not the idiots the media likes to portray them as.

I’m not really too worried, at this time, about their rhetoric. First of all, the legislature is not going to go republican for awhile, and unless another Chelsea King-type event occurs, the legislature will not be too concerned about making new laws. The most onerous laws that have come about since Smith v. Doe have been through initiative/propositions, which bypasses the legislature and relies on the emotions of the electorate without regard to constitutional purpose. And besides, Janice and her team are doing a bang-up job at meeting with legislatures. Every year, she gets more and more quality time with… Read more »

Gee, haven’t you noticed,the Democrats have been in the forefront of passing more and more draconian measures against registrants! ONe might presume it is all to blame on the Republicans, but it is not, In fact, it is Democrat Bill Clinton who got this all started back in the mid 1990s, with Janet Reno as attorney general. They forced all the states to do it — or face the loss of huge amounts of federal money. George Runner and various other Republicans are a serious danger, but so are a lot of the Democrats. And the Democrats have not lifted… Read more »

There is only one major party, the one that sees enemies everywhere and spends billions of dollars to keep the military, intelligence, law enforcement monster fed by scaring people out of their money. Some in this unlabeled party call themselves Democrats and some call themselves Republican, but serve the same greedy corporate masters who are the only ones benefitting from the present system.

Hi Bluewall

Sounds like George Runner and Lydia Gutierrez have developed their campaign strategy straight from the philosophy of Adolf Hitler as recorded for all criminals wearing a cloak of political respectability.

“The state must declare the child to be the most precious treasure of the people. As long as the government is perceived as working for the benefit of the children, the people will happily endure almost any curtailment of liberty and almost any deprivation.” ― Adolf Hitler, Mein Kampf

BTW, another candidate who should scare everyone and who everyone should turn out to vote against if they happen to live in his district is Congressman Adam Schiff (Pasadena, Glendale, Burbank, Silver Lake-LA, etc.). He has spent his entire career, from prosecutor to the state Legislature and now in Congress doing all he can to add ever more draconian crap on registrants. Vote him out — gee, pretty much no matter who else you vote for instead. There are two candidates running against him in June, a Democrat and a Republican. Schiff is the incumbent Democrat. Schiff has not simply… Read more »

I wanted to take this comment in another direction. This is what we can do to HELP cities once they see that residency/proximity/other city ordinances are deemed unconstitutional. As we all know, parents in general act irrationally with regard to their children’s PERCEIVED safety. Note that this irrationality is not necessarily a bad thing, as its built into our human nature to protect our children at all costs. However, this irrationality leads to the laws that blatantly blast the federal and state constitutions out of the water. At this time, Janice and Co. rightfully challenge the laws, at what point… Read more »

Maybe one can connect with the redistributive justice movement or some other organization advocating for something other than the penal system to solve all behavioral problems. One of the few times that I could turn my misdeed into something useful was when I spoke before a class of psychology students. Scariest thing I had done in awhile. I expected to be treated as a “perv” or looked down on as a freak. I was greeted afterwards by many of the students and made to feel like a respected lecturer. Surreal, but in a good sense. Only those who truly wish… Read more »

Hi Tim:

WOW!!! That must have been scary! I’m glad you were well received and everything went well. I’m not sure I could do that. I think we are fortunate that the truth of this RSO mess if finally starting to get out. This whole mess is a disgrace and a blight the entire nation. My only concern is the ill informed haters looking for an easy way to get ahead may come up with a way to derail the progress that has been made.

Treat people with respect and dignity as you would to be treated…..I would propose getting people off registry after ten years proven nonsex crime trouble free……….registry has has to end for sexcrime Free people…..its put out there this registry is public enemy #1….to discriminate against …. The Bad Guys….. .we should be getting paid having to register for this ‘ongoing war “…….millions a dollars ….millions a dollars.

Public service oath says to defend and protect the Constitution ….that needs a major adjustment in getting that applied to a taxpayer funded registry….when they undermine Constitutional human rights on one they can for all…protect defend the Constitution for our children….that’s what we’ve been saying.

Stop promoting the idea that 10 years is reasonable. It is NOT. It is simply the unreasonable number the federal government has imposed. Gee, previously, five years was considered all that was needed to prove rehabilitation. And probation and parole are the legal standard to show rehabilitation, the test to show it. The standard for a Certificate of Rehabilitation is higher — because it is seeking something higher than simply showing rehabilitation, it is an application for a pardon. You can’t even stop it from proceeding through the next steps to seek a pardon after you get the certificate. Stop… Read more »

I have an unusual situation, I have a water well drilling business , there is a drought , and we have a lot of work!
I’m, having a tough time finding good help. I have fond memory’s of when I just got out of jail and looking for a job,
About 30’years ago. . If you are , or know some one who is itrested in hard work , with a possible career .

Send resume . Enloe@

Hi Doug Enloe:

I’m interested. What part of the state are you located in? I’m in the Palm Springs Area. In between Palm Springs and Yucca Valley in a small town called Morongo Valley.

EXCELLENT, Doug, excellent. You offer more than a job, your offer real hope. You show there really can be life after death. All we have to do now is figure out how to clone you.

I give a positive reference for Q. He did a fantastic job painting a fence for a client if mine and did it in 100 degree heat! Sorry about that. And, like Doug, I have found myself needing help. We will be taking out lawns and putting in water saving landscapes, decks, patios and the like. Yes, it’s hard work but you see the results.

Hi Tim: Thanks for the good report. The heat thing was my own fault. I always get so into what I’m doing (it’s fun to me) that I don’t notice things like the weather when things start to heat up or cool down. This has happened to me a few times and always serves as a reminder to have water or Gatorade on hand. BTW; I’ll go down there and help if you’ll have me. I have a nice compound miter saw and other tools for working with wood, as well as a ton of painting equipment. I’m not much… Read more »

What I said about Doug now also goes for Tim. Bravo guys.

Thank you. I am looking for anyone who is responsible, not just an RSO. Like Doug said, I remembered what it was like with no hope, and how hard I worked to try to bring back a normal life. I figure others in my situation would be just as hard working. Someone whose father had been charged with a similar offense to mine gave me a job. It saved me from going to jail, which saved me from losing my house and my family. I believe good Karma needs to be passed around or you won’t receive it again.

Im happy that the Janice is going after cities that do not follow CA state laws.

I hope the next project would be business that DO NOT follow the state laws. Like ummm FACEBOOK.

They are now a PUBLIC company

I was banned off facebook again just for being a RSO..
it illegal for facebook to do this.
what our next step ?

I think it’s time to sue FB!

It seems that this is getting to be an exclusive group.. & I’ve Been Excluded ,,,IDK? Hell I can’t even get people that have places to donate for a Bakersfield MTG & they ARE in RSO recovery & housing? What’s UP With that? Too many agendas & not all are Known is how it’s lookin’ & I Am an Artist,, ” I PAY ATTN. To details…My LIFE HAS DEPENDED ON IT! Now it’s a second nature….So If You have an answer,,,I’m All EARS? Respectfully, Bruce P.S. By Not Using Me Where I could Be used Best for greatest effect for… Read more »

Working on MTG site for free NOW! I call this evening. I will call Janice to work out Details Providing all goes well.
Respectfully, Bruce

Has anyone Googled this subject: “Freedom of movement” or add “(under United States law)”. Very interesting reading. Anyone have an opinion about these court decisions and how they may apply to RSO’s?

Just curious … any further update on the status of Proposition 35??

A preliminary injunction was granted months ago and still remains.

For Compliance check information…”JOKE ONLY””DO NOT TRY THIS AT HOME” unless yer crazier than Me?…lol
Police:Knock, Knock,,,
Me: Who is it?
Me : “What Do You Want?
Police:,290 Compliance check We want to talk to You..
Me: How Many Are You?
Police: Two Sir…!
Me: Good,,”Talk To Each Other! Good day;-)!

I forgot to add “Mission Accomplished Good Day” But It was too Funny to not pass along to make some one laugh…;-)

Hi Bruce:

It made me laugh!! 🙂 I’m very anti compliance check. Especially since I’m not (nobody is unless on probation or parole) legally obligated to participate.

I Personally wish to thank Janice & CA RSOL for making sure Certain Cities in Kern County respect Our Rights…However it has made it Hell to find a place for a Bakersfield MTG…I Will Continue to Try For those of us in Bakersfield Kern County Area.. If ANY ONE wants My # Contact Janice & I give Permission to get it from her. If You want to work with Me on this & are in Bakersfield & NOT on Parole or supervision. No offense but I would not want someone getting a Violation for just tryin’ to Help.I figure a… Read more »

Sick of my life.just when things seem to get better they get worse. Happiness is out of the question. Maybe that’s what I deserve. No hope for convicted 288.8

There is always hope. You are worthy.

Human Rights Watch
No easy answers
Sex Offenders in the US
Sept. 2007

I just stumbled on this old article in one of my older computers files and wanted to share. Good resource. It questioned a lot of US policies even back then.

excerpt pg.12: Reforming sex offender laws will not be easy. At a time when national polls indicate that Americans fear sex offenders more than terrorists,(9)legislators will have to show they have the intelligence and courage to create a society that is safe yet still protects the human rights of everyone. ———————————————– (9) The Gallup Poll, “Sex Offenders,” video report, June 9,2005, March 19, 2007). The poll found that 66 percent of people surveyed were “very concerned” about sex offenders, compared to 52 percent who were concerned about violent crime and 36 percent who were concerned about terrorism. ———————————————– It… Read more »

Maybe We should make People aware of how Manipulative Politicians Are/Can Be By Comparison?Just Sayin’ the victim ratio? An average RSO has what maybe 1,2-3 max victims Rarely more than 5 ! A Politician throughout their career Deceives the Masses 1 Election after another…What’s Worse? just askin’?So, How are We Votin’ Fer Governor?Just Askin’

Your movement everywhere is being watched and recorded and stored and sold — and basically spied upon: And don’t forget, anyone who sues you, even in small claims court, can also issue a subpoena for this info. Among all the other places, I know in California, the state has put up cameras all over many of the freeways (all urban ones), so anytime you are on the freeway, it is noting that. Apparently LA is doing it all over town too, and the bulk of the rest of the country is also under surveillance. Mind you, not just by… Read more »

Next thing you know we’ll find out that ALL cell phones have a backdoor to where these super spy agencies have used them as transmitters that have recorded everything the owner says in the presence of it. Not just your texts, phone conversations, and triangulated movements, but it’s a ‘bug’ too. And who’s to say that Google Glasses don’t have a backdoor where some hack or spy can see everything the owner is looking at. These are technological nightmares. And if anyone thinks this stuff is new? Just watch how NSA tracked Will Smith’s character in ‘Enemy Of The State”… Read more »

Actually, Mike, they already CAN do that with all cell phones! I read all about that a couple years ago. ANY cell phone can be accessed and turned on to listen to anything within its range — and without the cell owner even knowing it. It will appear to still be be off, but they are listening. (Or they can also do it it if it is on.) The ONLY way to stop that it to take out the battery. If the battery is in, you might be getting easedropped on with no way for you to know. I don’t… Read more »

Okay… Now I’m creeped out!

YES THEY ARE!!!! on My Bike I have caught several lately? But on My Bike? ZIP,,,,,Poof, Unless they have Air support or a tracker on My bike Or me 0 to 190mph in about 40 seconds or less,,,Probably less never went that fast and payed allot of attention to do more than glance at the speedo. The rest was piloting the damn thing..but “unless” it’s “Obviously” Law Enforcement? I won’t pull over,, I Will Lose them “If I feel Threatened”. Mostly they like to drive by or sit down the street and wait; Driving By then You pull out &… Read more »

We can just call them the pervy paparazzi,,,lol

Everyone read this I have Felt it,, some of these effects & at Certain times Are We a Test Group? Read this then decide. Bet So How do We get Proof other than the GPS & Phones???

Well I guess We just buy postit notes a pen and a Bic lighter make a call for a meet to who ever You want to talk to and just meet somewhere and write down back & forth what needs to be said & Burn them 1 by 1 Nothin’ Said ashes in the wind! Screw Phones I rip the battery out every chance I Get or wrap it in a silver Mylar bag,,,or 3! Done Talkin’!ACLU was shut down Here so Finding help there is no good….Grrrr!

OK, my petition for a COR is in the hands of the OCPubDfendr’s office. Mine was originally a single count misdemeanor for possession of CP, 8 pics. in my car. period. So i have two questions on this. The first is, Does anyone know if the court in Orange County takes such details into account? Or do they look at just the big picture? The type of conviction, period. Second, having heard the may horror stories, mostly here, of people who are NOT granted their COR, as well as the incompetence of the OCPD’s office that resulted in my conviction… Read more »

Read that as of January 1st, 2014…people convicted of possession of child pornography will no longer be able to get an expungement. Is this true? I was convicted of possessing 3 files in 2013. Is expungement no longer an option for me?

I’m Gonna go way out on a limb here and ask a Really Stupid Question; WHY, Can’t We Ask the Governor for some small town with decent water and for sale & Just Make Our OWN City/ Town & We just take care of Us There was a lil town Named Cherokee for sale some Years back??? Just sayin’ they come up from time to time. We Could Be self supporting as long as We had some Medical We could section off a strictly Parole Housing only area of town to provide constitutionality for those of Us Many Years off… Read more »

Then Drill a well, & put up Palisades & a Moat to keep out the Vigilantes….lol

Then Provide a or several services that out laying Communities would Be interested in or be in support of there by creating a “Trade/ Employment” Agreement with Various agencies private & corporate??? Evey tent Has a Tent maker…& We Have Allot of wasted talent in ALL FIELDS…

Further investigation leads me to Assembly Bill (AB20) that went into affect on January 1, 2014. AB20 amends 1203.4 (1203.4 relates to expungement) and adds section 311.12 to it. It specifically takes expungement off the table for anyone seeking to expunge a CP conviction. I was arrested in 2012 for having 3 illegal files mixed in with over 1.5TB (yes…terabytes) of legal. Pornography addiction, OCD, high speed internet, and peer-to-peer just make a good combination. I took a plea deal back in April of 2013 and one of the few things that kept me going was the hope of getting… Read more »

I read the paper almost daily. This month has had some interesting news. I pay attention to stories about cops doing wrong and anything related to a registered citizen. Has anyone noticed how the media goes out of its way to say, “Sex offender…such and such, and such and such were arrested for murdering 4 women in Orange county while wearing a GPS bracelet”? I bet a billion dollars the arrest paperwork only mentions the suspects’ names and the charge of murder, not that they were sex offenders or that they were wearing tracking devices. By beating people over the… Read more »

The California supreme court has ruled that the names of police officers involved in shootings are now public record. Now maybe they will know how it feels to get fronted off when they want to protect their anonymity. Long Beach Police Officers Association officials said in a statement it was “unfortunate that the majority of the Court does not recognize the safety concerns created for officers and their families involved in critical incidents when their names are released publicly.” They don’t recognize our safety or privacy concerns so this is some really sweet justice!!!! And besides; if these guys are… Read more »

More good news on my case. 60 days have passed and the court did not reverse its decision on my expungement. According to my lawyer, the DA had 15 days to appeal or file with a higher court, which they did not. I’m officially no longer a felon, to a certain extent, though I am still a registered citizen. The only thing I can do is remain vigilant, continue to be a better person and hope we can get a tiered registry and eventually ban all registries. The tides are turning and it’s only a matter of time.

One Day at a Time:

Congratulations. Now that your not a felon perhaps you’ll just fall off of the registry if a tiered registry is voted in. Keep your fingers crossed.

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