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Living with 290

Living with 290: Modification Hearings

In the 22 years I have been fighting my wrongful conviction, I have been faced with those who would say “let it go, get on with your life, you can’t win,” and there have been times when I had to wonder whether I was just becoming obsessed with the fight after so many hundreds of hours or research and typing and retyping and dwelling on the same thing over and over again only to be denied in the appellate courts.

As a result of a failure to register conviction in 2011, I served three more wasted years and am currently on AB 109 Community Supervision, which for some, is worse than parole. Anyway, I chose to fight the onerous conditions of probation such as the right to attend sacred ceremonies and use a computer, subscribe to the internet, and access the law library.

My first round in the court was an absolute nightmare and I was not well-received. However, at the next court date, everything changed. I was appointed a new public defender, the hearing was in a different courtroom, and everything just felt different. To make a long story short, I WON everything I asked for which, isn’t much, but a victory is a victory and I am so happy that I spent so much time fighting and fighting and fighting.

The lesson learned here is “don’t give up the fight.” I have two more battles to win this year and if I am successful, I shall be exonerated and free at last! Never let “them” take your spirit!”

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  1. Vis I Tor

    I thought that AB 109 only applies to “…non-sexual offenses.”

    • Anonymous

      Initially, I think it was. But then they changed it so it encompassed non-violent sexual offenses as well. But it doesn’t matter in this authors case – Failure to Register is not a sex offense.

    • Nicholas Maietta

      I listen to the police scanner a lot. (Hey, it’s better than watching TV, and way more entertaining here in Fresno). You hear quite often a 290 mentioned, along with AB109 when discussing the same person. I mentioned this before in the comments, but i’m adding it here again to let you know that yes, it’s happened. Sex offenders are also being placed on AB109. What i’m wondering though, is technically if that’s no longer Parole situation under CDCR.

  2. mj

    Im rso recently on ab109. The rule is if its serious felony defined penal code 1192.7c, violent felony pc 667.5c, classified by cdcr as high risk so, or mdo mentally disordered offender. If you have any of these you will be parole. Otherwise ab109.

  3. Just a nobody

    ” I chose to fight the onerous conditions of probation such as the right to attend sacred ceremonies and use a computer, subscribe to the internet, and access the law library.”

    Can we still fight to shut down Magan’s law website?

    • Mark V

      I am much like yourself, just an average Joe with no formal legal training, but to address your question, every positive step that you take or read about is a challenge to those Megan’s law. What I accomplished was small stuff but it was a victory nonetheless. With all the support and attention that Janice and the media and Sacramento have been attracting, the mountain of hatred is slowly crumbling as the facts and reality of the draconian laws are challenged. Our battle is a marathon which requires one step at a time in order to complete.

  4. Wife

    My husband was harassed by the police into signing a confession that made things look much worse than they were. He listened to and trusted his public defender who told him that he would get a much lighter sentence than he did. It has now been 20 years since the incident. He is a 290 registrant. He cannot find a job that doesn’t do a background check. He has many skills, but each time we think of something he could do to start his own business, some organization requires him to do a background check in order to get a license to start the business that he wants to start.
    I think that he should try to go back to court to try to get his charges lowered, but we cannot afford an attorney to do so. Is there anything that we can do?

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