Comments that are not specific to a certain post should go here, for the month of September 2014. Contributions should relate to the cause and goals of this organization and please, keep it courteous and civil.
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Senators call for audit of TSA’s facial recognition tech as use expands in airports | The Record from Recorded Future News
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SORNA Case Advances in Federal Court; PLF Files Motion for Summary Judgment
The Pacific Legal Foundation (PLF) filed a motion for summary judgment on November 18 in its...
Double standard?
“OC Judge Censured For Having Sex In Chambers”
http://losangeles.cbslocal.com/2014/09/02/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
http://bluenationreview.com/judge-sentenced-selling-kids-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 .
“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?
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?
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)?
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?
Anyone have an opinion on proposition 47? It sounds like it would deny the possibility of sentence reductions and relief for all 290 registrants.
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…
http://www.santafenewmexican.com/news/local_news/king-donors-address-linked-to-sex-offender/article_0cb7a32c-c0f1-51c6-b722-33dcff363b71.html
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.
http://www.pasadenastarnews.com/general-news/20140908/sex-offender-arrested-for-loitering-in-south-pasadena-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 changes that AB-20 made. Maybe hold onto an outdated copy of the form and have my lawyer send it in and pray that the courts really blow it and an expungement is accidentally granted. I suppose the worst thing they could do is kick it back and I’m out the time and the legal fees (attorney, filing, etc).
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 have been rendered months ago, compared to other similar level arguments. Heck, the US Supreme Court only took 7 months to decide Smith v. Doe!
Unfortunately, I still contend that the justices’ initial horrid reaction to the original arguments have morphed into a potential way to wordsmith this decision in favor of the state. The judges realize that a decision in our favor would have serious ramifications on a good portion of the United States, particularly in looking at other jurisdictions with email address laws.
Once more, yes, I DO understand that the current stay of enforcement is GOOD for registrants. That is hereby stipulated and uncontested. But it’s the overall pace and demeanor of the delayed decision that is stirring up the cynicism in me, and probably most of us as well.
This Article Pretty Much Sums it Up If They Don’t have enough,,,, “THEY MAKE CRIMINALS”?WTH? http://beforeitsnews.com/politics/2014/09/the-black-hole-of-the-american-injustice-system-2650344.html
And this is what happens with draconian laws on the books. It makes the public insanely hysterical.
http://www.sfgate.com/entertainment/usweekly/article/Django-Unchained-Star-Daniele-Watts-Handcuffed-on-5754862.php
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 the original case.
For those Interested,,,
Source:http://criminal.findlaw.com/criminal-procedure/the-appeal-writ-and-habeas-corpus-petition-process.html
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, assaulting, molesting, raping, and torturing people is deplorable; murdering them is worse. So here’s the question of the week: who really wrote the Adam Walsh act and what is their agenda? I know a republican introduced it to the house in December 2005 and I believe a republican senator introduced a version in the Senate shortly thereafter. Though these two probably didn’t write the entire legislation. In fact neither may be responsible for directly adding any language to the proposals for each respective chamber of congress. Which begs the question: what factual basis outside of already existing laws was used to justify all the expansions sorna has brought and who provided that factual foundation in the first place?
For a law targeting sex crimes there are far too many peoples murders paved the road to drafting this law and many predecessor laws and that should concern anyone who cares about making a meaningful difference in the world.
GREAT JUST WHAT WE NEED???????http://twitchy.com/2014/09/19/white-house-unveils-its-plan-to-stop-sexual-assault-with-a-hashtag-video/
Texas high court rules that First Amendment bars laws based on “intent to arouse or gratify the sexual desire of the defendant.”:
http://www.latimes.com/nation/nationnow/la-na-nn-texas-upskirt-law-overturned-20140919-story.html#navtype=outfit
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 to “arouse or gratify the sexual desire of the defendant.” (That is, the conduct isn’t the problem, it is your thoughts that are the problem.)
The court ruled, “Protecting someone who appears in public from being the object of sexual thoughts seems to be the sort of ‘paternalistic interest in regulating the defendant’s mind’ that the 1st Amendment was designed to guard against,” Keller wrote. “We also keep in mind the Supreme Court’s admonition that the forms of speech that are exempt from 1st Amendment protection are limited, and we should not be quick to recognize new categories of unprotected expression.”
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!
http://appellatesquawk.wordpress.com/but-seriously-folks-sora-is-punishment/
http://sexoffenderissues.blogspot.com/
http://constitutionalfights.blogspot.com/
http://angryoffender.com/hr5722.html
http://sexoffenderissues.blogspot.com/p/links.html
http://public.findlaw.com/
http://apps.americanbar.org/legalservices/probono/directory.html
http://constitutionalfights.wordpress.com/international-travel/
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 difficult but enlightening. This website has been a huge help in my journey to freedom.
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 conform the defendant’s compliance with such notification requirement.
The first condition says the employment shall be approved, and any changes must be pre-approved. It explicitly does not say initial employment has to be pre-approved only that changes must be. However then it says the name and address of a proposed employer must be submitted at least ten days prior to any changes. I am wondering if going from being unemployed to employed classifies as a change?
For the second condition I am wondering how exactly proof of third party notification plays out. What level of proof is legally required and does it require contact between a probation officer and a third party?
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” stating that only the original trial judge in Orange County can make that decision. I countered with 1203.9(b) stating that “the court of the receiving county shall accept the ENTIRE jurisdiction over the case.” The judge seemed to be puzzled of her role in making a decision and apparently was not aware of this penal code. She did not make a ruling today. Instead, she continued the case to next month. I know this judge will grant me relief, but she’s hesitant to do so unless she knows she has complete jurisdiction to do so.
My concern is the “trial judge” issue. These are my questions:
Can a judge in the new jurisdiction make a Hofsheier decision on a transferred case or must it be the original trial judge in OC? OC no longer has my case as documented on their webpage. Hofsheier was 2004 and 1203.9(b) and (c) went into effect June 1, 2010.
Today I have been doing a lot of research on this matter, and so far I’m coming up short on the subject of case transfers. Has anyone or do you know of anyone who has been through a similar situation? Any information will be greatly appreciated.