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General Comments September 2014

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Double standard?

“OC Judge Censured For Having Sex In Chambers”

I’ll bet if the janitor had sex with two women in the judges chambers we’d be seeing him at the CA-RSOL meetings after he got out of prison.

Judge Sentenced for Selling Kids into For-Profit Prison

I’ll bet this goes on allot more than anyone realizes.

On that orange county judge sex chamber….its the taxpayers who are paying that abuse of power…..reform the scales of justice so every word spoken by court personnel is recorded audio video tape and defendant is present along in the immediate backhall conference after prosecution witness confirms defendant’s innocence .

In that back hallway toward oc judge sex chambers they can have that immediate conference to edit fix court record and come back to instruct jury to NOT write down everything you hear….sex isn’t the only thing they do in that back hallway.

“Please answer this question to prove that you are human.”
What evidence do I need to present to the Court of Public Opinion that I am human like everyone else: he who eats, breathes, fears, hopes, loves, hates, cries, laughs, tries, fails, builds, takes down, sees and am blind, believes and denies, lives and dies?


Heres why.


“Wherever we go on the internet, we encounter CAPTCHAs, those twisted words that block or enable entries on websites. Need to post an ad on Craigslist? There’s a CAPTCHA. Want to comment on an article or blog post? There’s a CAPTCHA. So why do we have them? They were invented to block spamming machines from posting wherever they want.”

I know. I wasn’t criticizing the security measure. I meant it rhetorically. I meant that we on the registry are human beings, but I for one feel I have to continually prove it people…to get a job…to find shelter, to move about freely… to have basic human rights.

I know what you mean. Pretty 1984-ish. At least it’s not the ones you can’t read no matter how hard you try!

Yah, I’ve had to reload those sometimes two or three times. I’m all for protecting this site. It’s the only way I would have to hear and respond to what you and others have to say, like Winston had when he finally found someone who was not an agent of the “Party” to talk to. Even that freedom many would like to take away from us.

This is also the only way for me to communicate with others oppressed like I am. I don’t really mind answering the question when I post. At least here I don’t have to subject myself to those under the influence of the Ingsoc and the lies it calls truth.


I’m going to the meeting in San Diego on the 20th. I know I take the 15 s to the 5, and then head towards the coast; but what street do I get off on? Is there a Cedar ST off ramp? And equally important; where do I park?

You take 15 to 163 S towards downtown, take the I-5 N/4th Ave ramp, keep right, merge onto Date street, right onto 3rd Ave, left onto Elm St., left onto 2nd St., left onto Cedar. I rarely go downtown, so I can’t help you much with parking. Last time I parked on a bridge a block north of the campus, after driving around in a circle twice.


Can we get the guy that hacked the iCloud celebrity accounts to hack the Megan’s Law web site and irreparably eff it up? Or at least delete my name and image?

I think that would be really interesting. I’m surprised some registrant with really good hacking skills hasn’t already done this.

That is surprising, but maybe not. Two reasons. Most of us wish to live law abiding lives. For the very small minority who truly mean mischief, and for the 95% who who are not on the registry, who commit the crimes, the registry provides cover. It’s all those police resources devoted to making sure someone who views an illegal picture or urinated in public, are monitored and the public is content that notification, presence and residence restrictions are keeping the bad guys away from children. When criminal policy is a failure, real criminals use it to their advantage.

In light of the successful law suits against cities and counties, are the laws or ordinance past by some counties and cities concerning Halloween next (I hope)?

There are no more laws in the state of California which require registered citizens to place a sign on the front door of their home on Halloween due to actions taken by California RSOL. We are watching laws that prohibit a registered citizen from answering the door to trick-or-treaters, decorating, etc. and may challenge them in the future.

I believe the city of Cypress still has their Halloween Ordinance in effect. No lights on, no answering the door, no decorating. Sec. 17-74.9. Halloween restrictions for registered sex offenders. (a) Purpose and intent. The city council of the City of Cypress finds, determines, and declares that this section, inclusive, has been enacted upon the following facts and purposes: (1) The events of Halloween could put children unknowingly in close proximity to registered sex offenders. (2) Registered sex offenders pose an immediate threat around Halloween to the public health, safety and welfare because youth often will engage a disproportionate number… Read more »

Well, MANY people who don’t want to be bothered with kids coming to the door on Halloween do the no lights, answering the door or no decorating. My own parents did after I grew up. The problem with these ordinances, as I understand it, was that most required an additional step that MOST people do not do and that was to post a sign that said, No Candy Here…or some such. Since most people do not do that, and since it was part of the ordinance for RSOs, it was like have a neon sign that said, RSO Lives Here.… Read more »

I’d like to see how they came up with this one; I’d like to see their proof.

(2) Registered sex offenders pose an immediate threat around Halloween to the public health, safety and welfare because youth often will engage a disproportionate number of complete strangers when door-to-door canvassing different neighborhoods as part of the traditional Halloween activities.

Does anyone know what ordinances are in affect for Riverside and San Bernardino Counties? Will those also be pre-empted by State Law, or has this only been done in Orange County so far?

We are systematically challenging city and county laws that contain presence restrictions. Please be patient. We are monitoring both San Bernardino and Riverside counties to ensure that they repeal or revise their laws to comply with recent court decisions.

Anyone have an opinion on proposition 47? It sounds like it would deny the possibility of sentence reductions and relief for all 290 registrants.

from Official summary: “Requires misdemeanor sentence instead of felony for certain drug and property offenses. Inapplicable to persons with prior conviction for serious or violent crime and registered sex offenders.” “Requires misdemeanor sentence instead of felony for petty theft, receiving stolen property, and forging/writing bad checks when value or amount involved is $950 or less. Requires misdemeanor sentence instead of felony for certain drug possession offenses. Allows felony sentence for these offenses if person has previous conviction for crimes such as rape, murder or child molestation or is a registered sex offender. Requires resentencing for persons serving felony sentences… Read more »

so I wonder if the California RSOL would have a problem accepting a donation from this guy. Maybe he needs a begging letter sent to him. If only there was a way to get his adress… wait… wait…

South Pasadena registrant was arrested for being in a park!

He was taking pictures, was reported, but had no kids on his phone, but he was arrested for being in a park.

Has anyone managed to get a 311.11(a) expunged since AB-20 went into effect on January 1, 2014? Before AB-20…expungement was an option. Perhaps the courts haven’t caught up the changes in law yet. I took a plea deal in 2013 with the plan of getting it expunged once off probation. Then the law changed in a very bad way for me and thousands of others. I will petition for early release from probation in January 2015 (the half way mark of my 3yr probation). I’m assuming that at some point the expungement petition forms will be updated to reflect the… Read more »

I note, under the law allowing for early release from probation, the court must find that you have been of good conduct deserving of it. Make sure you get a certified copy of the court record for this, so you have that as the court saying you are a good guy, whether explicitly or implicitly — I say implicit since it is a necessary point for the court in order for it to grant the early release. That’s not a certificate of rehabilitation, but it is something. That is, of course, if the court grants your early release — they… Read more »

Thank you very much for the advice…much appreciated. I wish I was crazy enough to think that AB-20 could/would get repealed somehow/someday. When I took a plea deal back in early 2013 (arrested in 2012) AB-20 didn’t exist and expungement was what allowed me to have a small amount of hope of a successful future. The masses think that everybody arrested for possession of CP is a predator. Three illegal files mixed in with more than 1.5TB worth of legal pornography screams porn addict not pedophile. It’s probably going to have to get a lot worse before it gets better… Read more »

The irony is getting thick out there… My neighbor will no longer talk to me, even though I basically helped to raise her two daughters over 8 years. On the list to pickup at school, took to tutoring, on road trips with my family, and even slept over when there was a fight at their house (usual out of control teen). The irony is that her oldest, around 13/14 at the time (middle school in fact – not highschool yet) took a selfie and sent it to her boyfriend – who forwarded onto his friends, and so on. The police… Read more »

MS, please provide an update if at all possible…I am right behind you by 1 year with the exact same circumstances; 311.11(a) misdemeanor.

Another a$$hole = Assembly Member Marie Waldron (R-Escondido); being tough on crime and getting their name in the paper for votes.


LOOK – SOMEONE GOT 311.11 EXPUNGED IN THE LAST WEEK!–violation-reduced-t-2007703.html

Very much looking for anyone to weigh in.



I got a felony. DA had no interest (according to my attorney) in changing the charge to a misdemeanor despite no previous criminal record, 3 files total, and a psych eval that said I was no danger to others. I’m hoping that I will be released from therapy in the next 3 months. They call it a 52-week program but nobody that goes to the place I go gets out in less than 15 months. It’s in their financial interest to keep you in there as long as possible so they drag it out. Plop down $46 every Monday. My… Read more »

We’ve hit the ONE YEAR MARK since oral arguments were heard by the 9th Circuit Court with regard to the Prop 35 EID challenge. If you recall, when the arguments were made, the judges were extremely skeptical of the state’s arguments, including references to Edward Snowden (remember him?) and the “chilling effect” registration of addresses have on individuals. Yes, I understand that we have a stay of enforcement, so for that it’s **GOOD**. I got that. And I understand that one of the judges had a family emergency for a couple of weeks at one point. But this decision SHOULD… Read more »

Maybe the Federal Supreme Court should have taken more time and done some more fact finding and analysis. Look what we have now because of their precedent setting decision.

This Article Pretty Much Sums it Up If They Don’t have enough,,,, “THEY MAKE CRIMINALS”?WTH?

And this is what happens with draconian laws on the books. It makes the public insanely hysterical.

been doin’ research & found This,:Can any judgment be appealed? The short answer is no, there is no absolute right to an appeal. Each state has laws which outline the types of cases which appellate courts may review. There must be an error of law for an appellate court to review a case. The fact that the losing party did not like the verdict is not enough to sustain an appeal. That being said, even in administrative courts or lower level courts, if anyone’s constitutional rights have been infringed upon, they may sue to enforce their rights and/or to revisit… Read more »

That being said, even in administrative courts or lower level courts, if anyone’s constitutional rights have been infringed upon, they may sue to enforce their rights and/or to revisit the original case. OK,,I wanna Sue!

Recently I began digging into the history of legislation aimed at classifying, prosecuting, and expanding what constitutes a sex offense under United States law. My research will continue for quite a while because there is so much more to the story than most people think. Already one disturbing trend has emerged; many of the incidents that are cited as catalysts for the Adam Walsh act and have sections named after them within the law involved murder. Too often people focus on the fact that many of these acts were perpetrated by those who previously had sex offense convictions. While abducting,… Read more »

Whenever a new situation calls for changes to the law, it inevitably applies retroactively, and the registrants are accused of somehow conspiring to commit virtually any type of crime under this very large umbrella and widely cast net.
The ex post facto protections were designed to prevent such chaos but it is falling on deaf ears as though somehow it really isn’t punishment.


Texas high court rules that First Amendment bars laws based on “intent to arouse or gratify the sexual desire of the defendant.”: This is an important point to this Website, as various of the sex offenses laws in California state they are based on this very point. If this ruling were to carry over to California or national, it seems to me any number of laws — and thus convictions already obtained under them — here in California could be overturned. The case was about photos taken in public, and the Texas law bars such where the “intent” is… Read more »

Would someone be kind enough to offer a recommendation for a attorney who is a specialist in sex offender issues please?

Someone who knows BOTH federal and state laws since they often contradict each other.

Please DO NOT be a smart ass and say “google it”. I have and called a dozen (google is becoming more useless each day).

I want a name of a real person who someone has actually worked with.

Thank you and have a nice day!

Chance Oberstein

CA RSOL Board Member and Attorney at Law

(a quick google search will explain the low rating on Avvo. I would imagine you would view this as a plus).

Keeping it in the fambly!

Thank you for the recommendation Joe. I will call him on Monday to see if he can shed some light on this mysterious grey area that we all in California find ourselves in since our state is NOT one of the who have adopted the entire Adam Walsh act AND YET we seem to have certain aspects of it being imposed on us (Federal trumps State) but it also seems that they pick and choose which of these aspects to use on us almost at random and certainly when it benefits them and not us! If the rules were known… Read more »

Please keep in mind that many of the attorneys that are recommended here are outstanding legal minds and very experienced. They are however, attorneys…that’s their livelihood, and they charge accordingly. I have talked to one highly recommended attorney and realized that I could not afford his services. Most all of us cannot afford any legal representation after our sentences are fulfilled as we seek post sentencing remedies. I did get a wonderful public defender who has been a big help. If we can’t afford professional services, then it’s up to us to do our homework and find a way; it’s… Read more »

Indeed…that is obvious.

Let’s also not forget that most lawyers are driven totally by greed and not a love of the law or justice or more would do pro bono work to right the endless injustices that we all are talking about here and are forced to try to live through each and every day (until we die thanks to these inhuman and excessive purdens placed on often innocent people who were caught in a system designed to destroy lives and nothing more)!

Can anyone explain what these conditions of supervised release actually mean? 1. The defendant’s employment shall be approved by the probation officer, and any changes in employment must be pre-approved by the probation officer. The defendant shall submit the name and address of the proposed employer to the probation officer at least 10 days prior to any scheduled change. 2. As directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant’s criminal record or personal history or characteristics, and shall permit the probation officer to make such notifications and to… Read more »

I think so.
Find a job and get hired. Call your PO. and receive their permission to continue employment. If they direct you to notify anyone connected with your job of your history – do so, or allow them to. If you find a better job notify your P.O. of your plan to change within 10 days prior to making a change. Good luck.

Has anyone transferred their case to a new jurisdiction? I pled in Orange County and immediately moved to Northern California. Pursuant to 1203.9, the entire case including probation was transferred to the new jurisdiction. I was granted early termination of probation and had my charges dropped to misdemeanors and expunged. I did this in Pro Per. Today I went to court to ask for relief from registration under the Hofsheier motion. The DA stated: “The Hofsheier Court acknowledges mandatory registration and distinguishes discretionary registration by allowing the trial judge the option of refusing to order registration.” She emphasized “trial judge”… Read more »


Hofsheier Petitions are a Writ of Mandate which must be heard in the same county of conviction. See People v. Picklesimer, 79 Cal.Rptr.3d 526 (Cal. App. 2008). COR’s are current county of residence. Hofsheier, btw was 2006.

A lawyer should be able to confirm.

Yes, I did just get some advice from a lawyer. However, what he advised is completely different than what you’re telling me. I will copy and paste what he told me however I have redacted reference to my current residence. Perhaps this info can be helpful to others in a similar situation: THE CASE WAS TRANSFERRED TO [REDACTED] AND THUS THEY HAVE FULL AND TOTAL JURISDICTION. A WRIT BASED ON HOFSHEIER CAN BE FILED WHERE YOU LIVE- NOT NECESSARILY WHERE THE CONVICTION WAS. IN YOUR CASE – THE CASE WAS FULLY TRANSFERRED AND AS SUCH [REDACTED] IS, IN ESSENCE THE… Read more »


Post-conviction relief is a small sub section and some areas are as yet “unsettled” law, so it may be fine for you. Are you aware that Hofsheier is currently under Cal Supreme Court review and may be limited and possibly overruled? The case is Johnson v DOJ S209167.

Picklesimer is cited to allow a case to be re-opened for a writ. Correct, it will not affect your jurisdictional question.

Good luck. I hope you’re successful.

Hofsheier is already limited to those charged with 288a(b)(1) and 289h. These are wobblers. The problem is registrants convicted of either 288a(b)(2), 289i, and/or 289j (all of which are straight felonies) have been trying to claim equal protection under Hofsheier. Most of them fail. My guess is the Supreme Court will say no, yet maintain the current equal protection for those with wobbler charges and probably adding language to limit those convicted of straight felonies. Another issue the Supreme Court has to consider is the CASOMB report about there being too many registrants and the need for an overhaul. Is… Read more »

NPS: The universe of Hofsheier type cases are what maybe only 5000. Many can’t afford the attorney fees to file. You are very likely the only person in the state with this specific circumstance. The point is unless you’re in an LA area or Bay area county, you may be the only Hofsheier motion in your jurisdiction and the DA and Judges are going to be uncertain as well. You only need a good attorney to argue your standing. You should file, the worst that can happen is it gets kick out for lack of standing. If it succeeds, DOJ… Read more »

I have already filed in pro per. The judge was undecided on whether or not she had the jurisdiction to grant relief. I told her she does under 1209(b). She needed to read the law again and continued the case.

My next court date is October 30, and yes I am in the Bay Area.

And yes I am the ONLY Hofsheier motion in the entire 9 county Bay Area who is a transfer case.

NPS: Glad to hear you’re proceeding. Bay Area could be tough. The DA will likely oppose — and talk with OC. You should try to get a read on the DA before your next court date. I have two attorneys. One is a top rated, expensive lawyer with Hofsheier experience for my 20 year old, reduced, dismissed in Alameda county. The judge refuses to hear any Hofsheier cases. Doesn’t agree. (Yes, appeal is the option.) My attorney said quote; “If this was Marin county or Contra Costa, it would be a slam dunk for you.” So, if that fits… Still… Read more »

I’d have to wait until 2020 before I can file the COR.

Right now, as it stands, I’m considered “very low risk” with less than 1% chance of reoffending. I’ve been facing the same judge and DA since July. July was my early termination of probation. August was my 17b and 1203.4. And it’s these same two who I will see next month. I’m also factually innocent, yet legally criminal of the crimes (which makes no sense, but it was OC) and the lie detector confirmed this.


Don’t know if this applies, but from the possible sound of it, your case has to be adjudicated prior to 2006 to qualify for a Hofsheier motion. Also, keep in mind, you only get one chance at a Hofsheier decision.

Of the 75+ citable cases mentioning Hofsheier, I only recall one case where the Judge was sympathetic and sided with the defendant wishing he could and would grant relief. That was people v. Tuck.

This is after all, California. Liberty and “registry for life” for all.

If I listened to everything people say on this site about judges never granting favorable outcomes, I wouldn’t have ever bothered to file 1203.3, 17b and 1203.4. But I refused to be told that I can’t do something simply because many people on this site, such as yourself, say it cannot be done. I will say right now, YOU HAVE NO IDEA WHAT YOU ARE TALKING ABOUT. I have it documented that I was denied Hofsheier in my original case in OC, but the judge ruled WITHOUT prejudice that I can resubmit a writ following successful completion of probation and… Read more »

Nps, I been reading this thread and I only see mch and jbcal wishing you good luck, giving an opinion and “hoping your successful.” Yeah maybe they have questions or dont know your case, but am I missing something? I think everyone here is curious on your case and hope that at least someone might get off of the registry, not negative.

Anyway for what it’s worth, I think it’s great you’re doing all this on your own. (please don’t take this the wrong way and get angry, but good luck also).

SAB: My last reply was never directed at MCH. What I am getting tired of is seeing every reply about possible roadblocks which have NOTHING to do with my case or charges. That last one about People v. Tuck really got my blood boiling. You’re going to refer me to Tuck? Seriously? There is a big difference between 288a and 288(a); the latter for which Tuck was convicted. Of course he wouldn’t get relief but not on the grounds for which I am seeking relief. I know I haven’t disclosed my charges, but come on. I won a 17b! Reduction… Read more »

@NPS – you started this subject on a public forum and people are entitled to respond as they see fit. Asking a paid source in private would certainly eliminate the ‘noise’. What you see as negativity I see as a helpful discussion with someone who may have experience with this best case, but worst case brings up issues in a devil’s advocate sort of way. I would consider it a helpful exercise in preparing to shoot down the DA’s arguments come hearing time. That the arguments not necessarily apply to your case shouldn’t give you the impression that that will… Read more »

SAB & Joe: I agree. I am have a pending Hofsheier motion in the Bay Area for a 288a(b)(1) with a 17b reduction and a 1203.4 dismissal and 20 years perfect record since. I also have two attorney’s working on my case with one who only does CORs and Hofsheier’s and has never lost. I am fortunate to have these resources and such a similar case to NPS and only give my opinion to someone doing this pro per out of respect and hope. Registry relief is the MOST difficult post conviction area of law in the country. Any info,… Read more »

Regarding Picklesimer, it does not apply to my case because I am a TRANSFER case. Picklesimer was trying to file a Hofsheier motion in the jurisdiction that originally tried his case, which sent him to STATE prison. Completely different than a probation with a suspended sentence.


Best of luck to you and seems as if you’ve gone to battle prepared. Your experience can help a lot of registrants.

When they don’t honor a fair trial ..anything everything that follows is a sham……………when a record is tampered with becomes corrupted .

NPS, You appear to be fairly well versed in sex offender legal issues, or at least those that pertain to your case. I do have a question, more a curiosity that is related to my issue. I ask because you’ve shown a good understanding. Last month I had my record cleared per 1203.4, which is a big step. Next step is to reduce charge(s) to misdemeanors. both are attempts; 664.288 (a) and 664.288.2b. I know the 2b is a wobbler, so no problem there, but everyone thus far tells me that I’m SOL on the (a). Now, according to People… Read more »

MCH: Interesting. You had your record expunged before filing the 17b? Usually it’s the 17b first then 1203.4; the latter being the biggest victory. Your record is clean and so granted because of People v. Lewis (2006). Why pursue the reduction? Regardless, Lewis will not apply to 17b. Only 1203.4. The way the code is written for 288 (a), it is a straight felony and will not be reduced to a misdemeanor. Though your case is an attempt, it is still an attempt on a felony. Based on the language alone and the way the codes are written, you will… Read more »

Now, while I would never wish the SOR on anyone this here is an outrage:

What is the point of mandatory registration, all in the name of protecting the public, when the prosecutor has the power to modify the charges? How many here come to this site everyday for ‘groping’ someone???

This is The Best Article/Post I have Read Yet My Hat IS Off To The Woman Who Wrote this. If Only More family Members would post articles Like This…The Media WOULD HAVE a BATTLE! & WE WOULD EVENTUALLY PREVAIL…

Wow.. Not even sure if I got good news or bad news…
I actually had a consulting meeting with a lawyer.. for free.. did review some brief things and said “Since your case was UCMJ, its not a felony or anything really. But it allows the local states to interpret the crimes to fit in their classifications of if it is a felony or misdemeanor and what penal code it falls under….

Another sign that the apocalypse is upon us…. foot rubbing? monster? Meanwhile, brown children all over the world are torn to shreds by US Hellfire Missiles dropped by Predator Drones… collateral damage.


A few of the performing arts centers in my area are on high school or middle school grounds. The performances are at night, when school is out, yet technically a registrant has to obtain permission from the school administrator. If I do this, are they going to post guards at the door, thinking I’m going to say to my wife at intermission, “excuse me dear, I have to go and abduct one of the few children that attend performances of Les Miserable. I’ll be back shortly.” The scope of these laws is truly idiotic. Has anyone gone and asked permission… Read more »

POLYGRAPH I havent had one of these yet. I’m not saying I’m doing ANYTHING WRONG, but just having a bit of anxiety about the whole concept. Can anyone share with me when, how often, how long, and what exactly they ask during these sessions? Specifically I’ve been to a park to walk my dog – but it was the baseball diamond and not the jungle gym area. I’ve been to movie theatres – to watch mature/mainstream movies – not PIXAR – and always with friends. I’ve also been around children – briefly (I very much try to avoid) when I… Read more »

Hello Lee, It is more 25 years since I had a poly and it was in Oregon and thing may have changed. However, I am hearing some ‘red flags’ you need to be very careful. 1) Taking the dog to a baseball park is a no, no. Kids do show up at BB parks. 2) If, you have friends that have kids, be careful. I have friends with kids and they know about my situation and they tend to overly lax with their kids around me. You need to limit your association with them or better yet avoid them for… Read more »

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