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General Comments June 2015

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I had a question for Janice or anyone else with a legal sound mind.

In California, is a Registered sex offender required to provide police with their employment information if they get a job? I understand that if they work with kids that they would have too, but assuming that isn’t the case, is there a requirement? Could one refuse to provide that info at the time of registering?

Thanks!

I would double check the laws as written on the paperwork you sign and initial when registering. However as far as I understand California law in terms of registration, the state currently does not follow everything in the national Adam Walsh act. Sections of that act do require notifying local law enforcement agencies of employment or changes of employment within a few days. Thankfully this is not applied in California right now. As to your second question about providing employment information when asked at the time of registration that’s a little tricky. Technically if you don’t know certain things from… Read more »

I was told I needed to inform them if it was working at a university or if it’s a job that takes me out of state.

My job or jobs don’t deal with children and its a few cities away from where I live… I just say I’m self employed, if they need to contact me here is my cellphone

As stated in 290.015, when you register, you have to provide the name and address of your employer and of the location where you work if different. If you are asking whether you have to report your new employer information to the police if that should change before your next must register, I see nothing in 290 that says you need to update that before your next required registration. Yes, some other parts of 290 require you to update certain things if they change before your next registration, but I don’t see employment listed as one of those things. From… Read more »

Actually, I don’t recall that you are required to give any vehicle information whatsoever to law enforcement. I do recall that it was required as a provision of probation/parole. I could be wrong though.

Hello, I have a question I was hoping someone could help answer for me. I am a 290 Registrant who has a prospective new place to live in lined up. I live in Long Beach, CA and I’ve tried calling my old Probation department and the registration dept. with the long beach police and I can’t not find anyone who might be able to approve of this new location. I am a 290 but I am not public on the Megan’s law website from what people who can visit such things have told me. Do i still have to live… Read more »

From my understanding, if you are not a SVP and it’s not part of your sentencing terms, you can live where you want. I’d ask the person in charge of registration at your PD.

I wouldn’t ask the person in charge of registration; they’ll lie to your face. I’d ask an attorney that knows the law. Like Chance or Janice.

You might be able to live where you want, but if you plan on living in an apartment building or high rise, Long Beach enacted a law where new residents who are registered cannot live in the same building where another registered resident currently resides unless that individual is either a spouse or relative of that individual. You will have to contact Long beach P.D. for clarification or with probation department. Don’t assume anything when it comes to probation whether its formal or informal, it’s still probation. Play by the rules and you’ll be fine, don’t and you will pay… Read more »

That is over broad. The state guideline is the same unit, not the general street address of an unrelated registrant. It is clearly in conflict with the state constitution based on the recent decisions.

I’m in Long Beach off of parole/probation. Long Beach at this time hasn’t enforced any sex offender living restrictions. Not unless your own parole/probation there is restrictions. I have a old number for a Sgt Eaton 562-570-7270 He is public relations/active patrol officer .. I talked to him once, the registation office transferred me to him because I asked about where can I live I’m off of probation. and he said “At this time city of Long Beach is not enforcing where a sex offender off of supervision can live” but this was like 2008.. I am not sure if… Read more »

Thank you for all your help. I still haven’t got an answer from anyone in authority. I’ve called all over and nothing. They make it so hard to get answers. It’s like no one has anything of help, but only ways to break you down. It’s very interesting. Thank you though. I really appreciate it. If anyone has more information please feel free to post. I would like to hear other peoples experience. For instance who checks to see if your in compliance?

I know Halloween is a few months away, but I have a question regarding that holiday. I know when I was on probation I had conditions I had to abide by to stay in compliance. Now that I think about it, I don’t remember seeing anything in regards to Halloween in my packet of terms and conditions. I was terminated from probation last September. I was just wondering if I still need to stay in my house from 5pm-11pm on Halloween? Or is that only for people on probation and parole?

only if you are on probation. It is LA County Probation’s version of Parole’s Halloween program. City of Orange had some weird law on the books a bit ago that would force RC’s to keep their lights off, put up no decorations and post a sign stating “no candy here.” Subtle. That law was stricken when a certain civil rights attorney kicked that city in the unmentionables.

@curiouser … regarding Halloween restrictions on October 31st. The City of Cypress (Orange County) still has an ordinance on the books wherein you cannot decorate for Halloween or keep your lights on from 5:00 – 11:59 pm. There is no sign requirement, only no decorations and no lights. What’s crazy is that the restrictions apply only for October 31. So … if someone wanted to decorate they could from 10/1 – 10/30 and then take them down. How crazy is that???? Of course, you wouldn’t, but …

There is no state requirement related to Halloween. Some local towns tried to create local ordinances about registrants and Halloween, but CA RSOL (meaning Janice and crew) took them to task and prevailed. I will add my own thoughts on it: Requiring you to stay in your home is house arrest, it is incarceration. That is unquestionably punishment. They cannot impose punishment, that is up to the sentencing judge. All else in 290 also is punishment in my opinion, but the courts have ruled it is not,and the courts have said that 290 is not part of the sentence, it… Read more »

Thanks for the info. This past Halloween I was invited to a costume party, but I didn’t go. Even before I caught my case I never past out candy so that wasn’t something I was worried about doing. I was just concerned about violating any law that I didn’t know about. I just remember being told by my p.o. and counselor that I needed to stay indoors during Halloween with the lights off. I also remember seeing on the news “special task forces” visiting registrants that were on parole or probation on Halloween. I guess I had the mentality that… Read more »

DOE V. PORITZ. We are approaching the TWENTIETH “ANNIVERSARY” (July 25,1995 decision date), of the BEGINNING State Supreme Court case that GUTTED THE UNITED STATES CONSTITUTION concerning registered Citizens ! As we approach that dark date, I want to do a series of snippets on that 65 page decision; maybe just some stuff every few days. Nothing too long; I’ll be quoting mostly. I know all of you are busy FIGHTING those people …… TO START: From: “Courting Justice: The ten New Jersey cases that shook the Nation.” Book, published 2013. Page 191: “.. Doe v Poritz…This methodology the Court… Read more »

I have a random question: Anyone have any experience travelling to Catalina Island? I am trying to determine if I can book a 2-day getaway with my girlfriend for a much-deserved escape from normality… but am unsure what rules Avalon has in place, or what rules I have to abide by?
I searched their municipal code and found nothing regarding sex offenders. I’ve been off parole since 2010. Any advice is appreciated.

Santa Catalina is part of the Channel Islands of California archipelago and lies within Los Angeles County. So should be no problem since it’s part of California.

Regarding travel to other states , who is to know when you leave or come back or even where you are . You are under the radar unless somebody is ratting on you nobody is going to know you are a sex offender . Same way with going into a park you don’t have a tag on you that says I am a sex offender.

You are only under the radar — until you get caught. Anything can happen while out of the state, and some of those things could lead to you being found out. That can even include false allegations, but nonetheless, you get picked up and found out. Hey, driving accidents happen – and they are accidents. All you need is an injury accident, and you will be found out.

I know a registered citizen that was visited at his hotel room in Las Vegas by the local police doing a “Compliance check”. They wanted to know how long he planned on staying in town. He said the hotel notified the police after he had registered at the hotel and they ran a check on his drivers license. I don’t know if this is a policy in all hotels in Vegas or where ever, But keep in mind that when you’re required to show your ID for a car rental or hotel, you’re leaving a trail.

Just another thought… If local police have reason to believe you’ve been non-compliant, they may be able to obtain a warrant to investigate any credit/debit card transactions which could place you in another state. It may seem far fetched, but it’s something to consider.

Yeah, I have zero intention of trying to sneak until I get caught. My girlfriend wants me to go to Mexicali with her for a day or two, and with the article about international travel I don’t even wanna try. I realize I could probably cross, but what about coming back? What if something random happens and I get caught? These rules are frustrating. No one seems to be on the same page. Heck, some cities flat out refuse to follow the rules they were given… Yes, I’m looking at you, Carson. Thank you for the responses. I got ONE… Read more »

Hello, newly registered and I have a question. I plead no contest to 288.2 and was wondering if my information shows up in the publicly available Megan’s Law site?

From the reading I’ve done, it looks like I might fall into the ‘undisclosed’ category where I have to register but it doesn’t show up.

My lawyer can’t tell me (shows me that I should’ve hired one who knew this area better) and obviously I can ask someone to check if they see me but I’d like to keep this quiet.

Thanks.

It does not. I have the same issue. I guess our charge is the hot topic with the highly-motivated law enforcement folks who sit in dark rooms with laptops posing as vulnerable victims.

So it doesn’t show up then? That’s going to be a huge relief to my wife. She’s afraid of having people protesting outside our house and bothering my kids.

And yes, it was from an internet sting. Those should be illegal, the only victims are us and our families!

Thanks for the info.

I had a question as to visiting California. I am no longer required to register in my state any longer. I tried to find out if I needed to do anything if I visited, but it was clear as mud. I contacted a lawyer who told me the best avenue was to contact the CA DOJ. I tried calling and emailing them, but no response. So at this point unless I hear otherwise, I am going to just assume that I would only visit under the number of days alotted to not having to register. Plus the way I read… Read more »

Yes they did. The rep for the DOJ said that the only thing that mattered was that I had a conviction, and that it didn’t matter what my state says in terms of being registered or not.

Redeemed1, before you chase this rabbit too far, you need to seek advice from a qualified lawyer. The personnel at DOJ and the PD are just plain, people and they will twist the law to their liken. The decent cops will tell you “they do not know”.

Harry, I did exactly that. He suggested that I talk to the DOJ. Ca seems to be one vicious circle.

I would be very interested to know where that is codified. I do know some states (hawaii being one) that want proof from your home state that you no longer need to register, and then they basically leave you alone forever. But I would like to see where under 290, or any of the other places these requirements are hidden, that says a person who no longer needs to register must continue to register.

You and me both. The interesting thing is that I was looking through some of the old posts from last year and noticed something interesting. If you look at a post by MA Citizen on this page: https://all4consolaws.org/2014/05/us-sex-offender-registration-laws/ you will see a letter from the DOJ that says “Currently, California Penal Code section 290 requires a registrant who is residing in one location for more than five (5) working days to register with the law enforcement agency (Police or Sheriff Department) having jurisdiction over his/her location.” Then I get the “each jurisidiction can make up their own rules” response from… Read more »

I suppose ignorance is/was bliss for me but after reading some of the posts…. I have spent the last few years thinking/dreaming that some day I can stop registering and not have to worry about traveling within or outside of CA. My conviction was in CA 2 years ago and hope to get a COR in another 8 years. I planned on never leaving CA (travel or otherwise) for the next 8 years so I didn’t have to worry about registering in another state. Minimize the red tape and exposure to the public. So what I’m hearing is that if… Read more »

MS…unfortunately, you are right. I was in the exact same boat. I couldn’t wait for this nightmare to be over. I thought the once I was off the registry, that I finally had “served my time.” The only silver lining is that I am free to travel around my own state at will and not worry about it. I’d assume you’d have the same when you get off on CA. (just glad I don’t live in Rhode Island…that would stink..lol) I’ve only contacted three other states (CA, Hawaii, and Michigan), hence I really don’t know what the other ones would… Read more »

A lot can (and will) happen in 8 years. Stop planning your funeral and start planning for your early release from probation, reduction to misdemeanors, expungement, and COR. Fight.

So, is next week when the City of Carson gets taken to school?

A hearing is scheduled in the Carson case in state court on June 11 in Los Angeles. There are two motions pending in that case. The City of Carson is asking the judge to grant a demurrer and the plaintiff is asking the judge to allow him to file an amended complaint that would add two causes of action and the potential for punitive damages. The judge is expected to make a ruling on that day and we will report on the outcome as soon as possible.

DOE V PORITZ Part 2: “A new and alien approach to American law, and the scope of government power… to do WHATEVER IT TAKES to pull the Country, and public opinion into the “correct” paths, in spite of Constitutional ” impediments”…( Sense Offences, August, 2009). To start, typing verbatim on just the very first part to make clear what their scheme was. As I did on the previous, will CAPITALIZE their words for emphasis. OPINION, written by Chief Justice Wilentz. “Section 1, LEGISLATIVE PURPOSE: Addressing the problem of repetitive sex offenders. “The essence of our decision is that the Constitution… Read more »

Hello again. I am back with another question. Soooo…. La Puente states in their municipal code that: “Residential Exclusion Zone shall mean and includes those areas located within two thousand feet from the nearest property line of the subject property to the nearest property line of a child care center, public or private school, including but not limited to, any or all of, grades K through 12, public library and/or park, in which a sex offender is prohibited from temporarily or permanently residing.” I recently found a house that appeared 2000ft from God and everyone else… but it seems there’s… Read more »

hmmm…. No answer on who I could ask to find out, or any links that would answer it? I keep googling things, but most articles regarding it are outdated considering all the challenges and changed meanings.

And most PDs I speak to simply shrug…

Unfortunately there’s no way of predicting what will happen when you move into a new neighborhood. Some neighbors are vigilant and will try one way or another to force you to move, whereas others may be passive and leave you alone. It’s a chance you have to take and it’s up to you whether you stand your ground or not. You would be perfectly legal to live there provided you’re not on probation or parole. But consider some of the parents of the daycare children may panic if they find out and want to pull their kids out of the… Read more »

I just hired a lawyer to help me conduct the Certificate of Rehabilitation process. If granted this will stop my duty to register as a sexual offender in the state of California. From my understanding, the lawyer I hired is very good as what he does. He has extensive experience in sex offenses. His recent primary focus, however, has been applying for certificates of rehabilitation on behalf of sex offenders who qualify. Well beyond the ten years since my original conviction, and having proof of a solid five-years residency within the state, I thought now would be a perfect time… Read more »

So tonight’s “Dateline NBC” program was “What Would Your child Do….” Was it about what would your child do if her best friend cheated on a test?”, “….if they found a wallet full of cash”, “…if the house caught fire?” No, certainly not. It was, of course, “What would your child do if the terrifying stranger in the trench coat knocked on the door?”

The implications of this could be far reaching for some; that is if this is something they choose to consider. But how to get out of here without DHS foiling anyone’s plans.

http://www.telesurtv.net/english/news/No-Human-Considered-Illegal-Under-New-Ecuadorean-Migrant-Law-20150607-0020.html

Imagine that…a country who is actually civilized and treats human beings as human beings. The USA was once that way but those days are gone. Now all we can do is bully the rest of the world and tell people to stay out of our country!

Yes, the million dollar question is how to get out of the prison the USA has become!

Wouldn’t you be able to go there and if they stop you, declare that you are seeking asylum? Not sure how that works.

It’s something I would consider.

Interesting, but not very clear. And I see nothing about travelers, as opposed to “migrants.” No where in the story does it say anything I can take to apply to mere travelers. If it doesn’t apply to travelers, then they might be blocking entry by registrants, as the US is sending some pretty inflammatory information about any registrant who travels, and reports are that pretty much all countries are refusing entry when you get to the border because of that. I haven’t heard anything specifically about Ecuador on that point. Does Ecuador makes sex offenders register? OH, that would be… Read more »

I have been granted to be heard by the 9th circuit of appeal based on the fact that Megan’s law is Ex post facto and therefore unconstitutional. Is there anyone else out there that can help over throw this unjust law in California. I must return a brief before 8/3/2015. I am fighting for us all and if it is proved unconstitutional, it’s a big win for us all. I have the discrimination and the reasons for me being on Megan’s web site is unconstitutional. I just need a sounding board. The conviction was in 1987. The 1203.4 Expulsion was… Read more »

What do you have in mind? Do you need letters? Do you need personal accounts how the website is ruining lives and endangering registrants? Do you need funds to pay for an attorney? How can we help?

Without knowing specifically what course of action you’ve already taken, it might be in your best interest to contact Janice or Chance directly to see if this is a case they are willing to take on. Doing this with solid legal counsel would probably be in your best interest and in the best interest of all concerned, but as far as I know (and I could be wrong) just due to ethics and other issues, even if those who can help you do read this comment, they would not be able to publicly solicit you as a client. Your best… Read more »

Mack, what specifically are you requesting? How can we help?

You haven’t said, do you have a lawyer for this? I note, we all agree with you that even simple registration without any of the collateral disabilities that just keep getting piled on more and more is punishment. Gee, the California high court in the 1970s ruled simple registration alone could be more than that, could rise to unconstitutional cruel and unusual punishment, at least for lesser offenses. (The more recent high court, under former Chief Justice George, has overturned that decision and says it is no punishment at all.) However, the US Supreme Court has already ruled on the… Read more »

Mark I applaud you for doing something to try to overturn these laws and god speed to you. I am not a religious man but I beleive that good always prevails over evil. Anyway if I can assist you in anyway email me at mllkeys20112011@gmail.com . Here is a motion with the issues I beleive need to be brought forth hopefully you can use some of the info or bring fortb the issues in your brief. Let me know if this helps I spent a lot of time to compile this info. Good luck. I the plaintiff_______________________ do hereby bring… Read more »

Met with my P.O. for first time. she said I’m in the top 10% of her load. she said she doesn’t worry about me and said that the “blanket” system unfortunately groups me. Then she went on to tell me where it’s best to avoid. The suggestions where almost absurd. The mall, Starbuck’s, the library, the ymca swimming. So I can’t shop, enjoy a latte, use a public library( I chose not to own a computer during probation to show my willingness to cooperate, so I go use the library’s) and exercise( I use adult time at pool). So my… Read more »

My advice is do everything that you are legally allowed to do including all those things she listed.

Let the P.O. really get to know you a bit. Mine told me at our first meeting much the same as yours did to you. That I was low to no risk, and most of what was in the Static 99 didn’t apply to me. If what you wrote is an accurate interpretation of what was told you, the “wheres to avoid” is pretty the p.o.’s suggestions of how to minimize things that could turn into issues for you, regardless of the fact that you would do nothing wrong. I had a messy time thanks to a nosey neighbor. If… Read more »

Thx. I paid my fines ($2000) within the first week. I have been attending all my classes for more than 9 months now, long before my 90 day “vacation”. I worry about the home visits and how it will affect my neighbor’s view of me. I am a very sensitive person, unfortunately. this whole thing has been very traumatic for me. I wish I had never bought that damn laptop. So easy to get sucked in, but impossible to ever get over. I heard that there is no reduction or expungement for 311(a). I so hope I heard wrong. I… Read more »

Hopefully you manage to get out after just 12 months. They call it a 52-week program and that’s not always the case. I did 20 months thanks to the ridiculously slow pace. Sometimes not even one assignment got presented in 90 minutes. I got lucky and only had an unheard of 5 day vacation. If it wasn’t for a DA change during my case (the orignal DA moved away) I would have done 3 months like most 311.11(a) people. Wife and I worry about the home visits as well. Last visit was by 5 Sheriff’s Deputies. At least they didn’t… Read more »

I lit some sage for you.

Talking to Chance Oberstein would help you to get some very accurate, solid information about what avenues will be available to you under the current legislative environment.

While CA RSOL is primarily related to laws and sex offender issues in California, other states’ laws may have impact on California. Similarly, laws enacted in response to California laws that have been repealed by federal court should have jurisdiction in all the states of the appellate court. In this instance, the decision to reverse the Internet ban from California Propisition 35 should affect the entire jurisdiction of the 9th Circuit. One of those states of jurisdiction is Montana. However, Montana recently enacted a law earlier this year, Montana House Bill 88 (HB88), dictates that all Internet identifiers be included… Read more »

Sad but almost comical. http://www.msn.com/en-us/news/world/malaysia-to-deport-four-westerners-over-nude-photos-on-sacred-peak/ar-BBl1xzs?ocid=mailsignout These tourists did something foolish for sure. Many in Malaysia blame their acts for the recent earthquake. I’m curious now how soon it will take the California wacko-prudes (ie Runners et al) to blame the registered citizens for global warming, the drought and whatever earthquakes happen next. This state/country is run by regressivists, wanting us all to return to the good old days of the Victorian era. Yes, let us put crocheted doilies on our table legs as to not arouse ourselves or others at the sight of an uncovered leg of any kind. Will… Read more »

Great…just on the news. The search is on for a flasher in a trench coat in Carson. Just what we need to stir up the crazies in Carson.

Did the Carson flasher bear any resemblance to Al Robles? 😛

MS – I can’t find any information on AB20. What exactly does it entail? We took a Plea Deal 1/8/14. We were hoping to petition or an early termination of probation and possibly expungement of a felony PC314. Any chance of that happening?

Here is the bill:
http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_0001-0050/ab_20_bill_20130826_chaptered.pdf

I don’t see PC314 on the list, so you might be okay. But still check with an attorney.

Hi Someone who cares- It is not easy to find information on bills unless you know where to look. I cannot answer any questions about your particular bill but I can help you find out about the bill itself. To find the legislative information you are interested in follow these directions: 1. In your search engine (google) type in “California legislative bill analysis” and hit enter 2. Click on “Bill Analysis – California legislative action” 3. Once the new page loads, on the right side near the top you will see “quick search” and 2 boxes. The first box will… Read more »

Thx again for everybody’s support and suggestions. My life has been literally destroyed by my actions. No job, friends deserted me, Apt in high crime area ( only one I could afford in bay area ), Girlfriend passed 3 months ago from cancer, and family in complete denial of my circumstances. I am definitely scared about my future. I meditate, but depression is there waiting for me when I’m done. Reading your posts is my only salvation.

Look. It won’t ALWAYS be this way. Yeah, our old lives are gone. Nothing we can do about that. But you DO have a future. I know it’s big and scary out there, and you’ve got a lot against you. But THOUSANDS of us have jobs, families, lives. You can DO this.

A question. I read a lot on this forum about the possible change in the tier program. something like ten yrs for persons like myself. Does any one know the current state of that?

thx

Its scuttlebutt.. meaning there is nothing official… meaning its not real…. meaning its one of the reasons of why we are fighting…

Patience, there are currently no tiers to California’s Registry: for those required to register as a result of their offense, the Registry is for life. However, California RSOL is advocating for a tiered registry that would allow people to be removed from the Registry after 10 or 20 years based on risk assessment and length of time being offense-free. (This is my own summary of CA RSOL’s tiered registry advocacy. I suggest you “stay tuned” to this website to learn more about it.)

I posted this a couple of days ago and it hasn’t appeared. Here goes again. The academic paper at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2616429 is about how the advocates for a registry in Smith v. Doe (2003) at SCOTUS presented a tissue of fabrications which falsely painted sex offenders as very dangerous, even given the information available at the time. This legalized the registry, so it was a big deal and still is. And the falseness on which it was based is a big deal that seriously affects the lives of some 800,000 registered citizens around the US. Talk about sausage! People here need… Read more »

Has there been any research done on PTSD in the registered citizen population? In the last 10 years I have begun exhibiting most of the symptoms of PTSD and the only “traumatic” event in my life has been the release of my registration info online, and at least 15 instances of harassment (both by authorities and by citizens), public shaming, false accusations, loss of work/business, and loss of friends. In the last 5 years it has resulted in insomnia, daily recurring headaches, nightmares, severe stress, high blood pressure, and a general decline in my physical and mental health. Counseling and… Read more »

I am the wife of a currently incarcerated registrant. After the swat team attack on my home (I was alone at the time) and the public arrest of my husband by approximately 20 agents where I was handcuffed, searched at the point of a shotgun, and thrown into the back of a squad car, I have been diagnosed with PTSD. PS That was after the local news station went door to door in our neighborhood to inform all my neighbors that my husband was being investigated for CP and our pictures were on all the local news shows for a… Read more »

That’s terrible. My case was on the radio and it was horrifying. I know for a fact I had PTSD during and after my experience but luckily somehow came out of it. Like your case, when it gets to the media you feel like the spotlight is totally on you IN REALITY it’s not and most of the people listening and watching the news will forget about it quickly. Keep your chin up.

I have been diagnosed with PTSD, and I’m on medication for it stemming from the legal process and incarceration. I have zero trust in law enforcement and want nothing to do with the law. Even if I were to see a crime in progress, forget reporting it or calling 911; I’ll just look the other way and mind my own business.

I thought I overpaid my lawyer, because I received about the the same sentence as most of the people with similar charges in my therapy group. Now that I look back, this lawyer spent a lot of time switching court dates and rooms and somehow avoided having the media in the courtroom. One day it was very close, the media was set up in the room were I was scheduled to have a hearing. Somehow he had that switched. He might have saved my life, because I was in a deep depressing that only medication and therapy session kept from… Read more »

NPS, Steve, Margaret Moon; The majority of registered citizens have been through all or part of what all of you have gone through. I called that PASD, or Post Arrest Stress Disorder. The breaking in of doors, interviewing neighbors, face being posted all over the news and newspapers, friends abandon you, families turn their backs on you, aquaintances scorn you and law enforcement, prosecutors seek to ruin you. There is a feeling of helplessness, a desire to die (literally) by any means possible, there is no place to go for rest or solitude, suffering from paranoia, dreading any knock at… Read more »

Will Bassler has come up with another winner at SOSEN. He has identified a case that will allow for a writ of error coram nobis that would allow Smith v. Doe to be revisited or even overturned with no need to rehear, based upon a previous case that invalidated the felony of a Japanese American who evaded internment orders during World War II. The internment of Japanese was originally upheld in the Supreme Court but used incorrect data at the time the case was heard. Article: http://sosen.org/blog/2015/06/17/time-to-file-a-petition-for-writ-of-error-coram-nobis-in-smith-v-doe.html In a nutshell, the Japanese American was convicted based upon the court’s finding… Read more »

A notice to all in the SFV. Yesterday, I had my first ever “compliance” visit from the enemy. Just FYI, I have NEVER had one before and have been off parole for years. The “fuzz” as my building manager texted me, came by about 8:45am, I was not home, so they buzzed her apartment. She said they asked if I live here, she said yes, why? LUCKILY they were decent, I guess, and said “oh it’s just a compliance thing, and at that point, since I was not home, she said she escorted them out of the building. I got… Read more »

Sorry a lil off topic here but some people may want to be aware of the following. Writs of coram nobis cannot be used to address issues of law previously ruled upon by the court but only to address errors of fact that were not known by the defendant at time of trial or plea bargain, and were knowingly withheld during and after trial or plea agreement from judges and defendants by prosecutors; and which might have altered the verdict were they presented at the trial; or in the case of a plea agreement, where the defendant would not have… Read more »

I’m assuming that this comment is related to the article that I wrote for sosen first of all at one time I was a paralegal. But This is an area of law that I am not thoroughly familiar with as with all the articles that I write I try to put as much accurate information into them as I can in an attempt to begin people to think and try to find new ways to attack the situation I do know that rules 60 has done away with it the ability to file a CORAM NOBIS in civil matters ,… Read more »

Anyone know what this means? Did the 4th District affirm its original opinion in full in an unpublished opinion or the Supreme Court’s remand?

James Johnson v. California Department of Justice; The People
Case: E055194 4th div2 District

Date (YYYY-MM-DD): 2015-06-17
Event Description: Opinion Available Online (Signed Unpublished).

To view opinion document for this case, go to:
[PDF] http://www.courts.ca.gov/opinions/revnppub/E055194.PDF
[DOC] http://www.courts.ca.gov/opinions/revnppub/E055194.DOC

Early Termination from Probation

Has anybody here tried to have their probation terminated early for a 290 offense? Success or epic fail? Details?

Should I bother trying? Waste of time and money? I’m sure an attorney would be happy to try if I hand over a few grand. Or would my money be better spent on lotto tickets?

Me: I have completed two of my 3 years of probation. No violations. Finished counseling and passed a polygraph. All my court fines are paid. Offense: possession of three underage webcam videos.

I did it in pro per (meaning without an attorney), and it cost me nothing. I was successful. What’s most important is that you have probation’s support in this matter because the court will ask them. Usually they’ll want to know on what grounds you are asking for early termination; state that the restrictions keep you from obtaining gainful employment. Prepare a personal statement about your accepting responsibility for the charges, that you have grown and become a better person. Character reference letters are a plus.

Thank you NPS! Now that I know that there is a chance…I’m going to give it a try. I might even try to do it pro per as you did. With gainful employment (financial reasons) being the driving force behind my attempt, doing it myself might help reinforce the fact that trying to get off probation is for financial (gainful employment) reasons and not for the sake of getting off probation. I think I might write my letter (to the court) and then send it to my PO. Ask him to read it and see if he is willing to… Read more »

As AB 109 they cancelled my formal probation after just one year. I think you’d be successful. I am currently on a form of probation where i don’t have to do anything except not break any new laws. They have yet to check up on me after getting off formal probation a year and a half ago. No harm in trying.

Just a reminder when you go in to register..

WEAR A TIE

Ask the photographer to make sure that they include the tie in the picture.

The last time I went in I was wearing a nice shirt and tie BUT they took a picture of my chin and up..

In my view, your picture is all over the net and when you wear a tie. You will be view differently.

Thanks

I did the same thing. When I was photographed, the officer told the person taking the picture, “Make sure you just get his face.”

Saw your comments on the photo when registering. One time in Sunnyvale, Calif.,the Cop had me stand in front of the camera, but then asked me questions as I was standing there. As I found out, he was trying to get the WORST image of me while he was looking at his screen. And he did ! Next year I was ready to put my hand up to my face while answering the questions.. But it didn’t happen again.

that’s why you wear a tie.
Let see more ties in those mugshot!

A client of mine ( one of the few left ) proposed an interesting idea. Make a documentary of our plight. Many independent films get a lot of attention at film festivals. These are progressive minded peoplethat attend these who once exposed to the truth can help promote our cause. She suggested interviews with identities protected, statistics, even the improper dissemination of false and misleading information. She added that public officials that have broken laws after promoting them is a great point to bring home. I haven’t any experience in film, but I’m sure someone out there does or might… Read more »

Sorry to hear your business is dwindling, presumably as a result of the Megan’s Law social media site from hell. Might I ask what kind of work you do?

I am an exercise physiologist. I work with geriatrics. Not allowed on the campuses I worked at because I’m a danger to a vulnerable population. Really? I might have to give up my profession and I don’t know what else to do. 18 yrs of experience, a stellar naval career, and for what, I have all the classic traits. Abused by parents, moved around a lot so very few friends, and the loss of a loved one. But I’m a danger. What ever.

NPS: THANK YOU for answering my question ! Only could a first person experience like yours illustrate so well that SanFrancisco is truly a city of And while we are on the subject of “The City”, Does EVERYONE KNOW that when MARK LENO, when he was on the SanFrancisco Board of Supervisors, he introduced the Ordinance of providing equal access to the city health plan for transgender employees of SanFrancisco in 2001 ? And of course, we all remember in JANICE BELLUCCI’S JOURNAL of 12 May, 2015 “…SB-267 Withdrawn” that Senator MARK LENO said he could NOT support SB-267 ?… Read more »

Kudos and Thanks to CA Senator Mark Leno – a voice or reason, intelligence and compassion.

I don’t know if it’s just me … but, this morning while listening to President Obama talk about the Supreme Court decision on gay marriage all I could do was ‘listen’ to it as though he was talking about registrants rights. Of course, there were some parts that didn’t/wouldn’t apply … however, many of comments could so easily apply to registrants should the Supreme Court ever decide to do the right thing and realize that registration is punishment … especially the word “patchwork” – this decision hereby eliminates the ‘patchwork’ of wondering what rights a gay couple would have in… Read more »

Not that surprising when one considers what the registry was created for in this state back in 1947

I had the same feelings. I heard that employers cannot discriminate against convictions beyond seven years. This law reaches decades past to punish and cause discrimination and societal banishment for the most part, based on myths, superstitions and of course hatred, which is what was being addressed in today’s speech. Of course if interstate pacts were established, registrants would be subject to the lowest common denominators of mistreatment – enter Flori-duh et al.

They say that on the background check paperwork, that it’ll only go back 7 years… But when I get checked thy find a DUI of narcotics from 20 years ago…

I’d heard second hand from a corporate HR attorney that discrimination in the hiring/employment process is illegal if it pertains to anything beyond seven years. It is common knowledge however that registrants are subject to an essential lifetime of mistreatment in most employment situations. This includes disdain and implicit harassment in the workplace in a manner very similar to how registrants and their families are treated in their own neighborhoods and districts. The employer will not hire a registrant because he does not want to enforce the law against the likely subsequent vigilante and bullying treatment the staff feels entitled… Read more »

I had those same thoughts, too. I also kept recalling how before his election in 2008, Obama was against defining gay unions as marriage and even supported the Defense of Marriage Act. Now all of a sudden he is praising the SCOTUS decision now that he’s 6 years into his tenure. Meanwhile, Gov. Scott Walker is peeved and can forget about running for the presidency because the marriage issue is now a moot point and not a high enough platform to run against. That’s pretty much how I see politicians with SOR. They’ll never stand up against it if means… Read more »

Quint, did you feel more respected when wearing a tie?

Just keep wearing those tie.

Yes and no. The person actually taking down my info made a comment about how he’s never seen anybody dress up before and was impressed. He gave me the impression that registration is (legally) a necessary evil and it sucks for us. The person in charge of registrants couldn’t have cared less. She is very Sgt. Friday. Look, I can’t change the fact that I have to register, but I’ll be damned if I’m going to look like what people expect us to look like. I’m not going to look like a creeped out mugshot.

I’m in the general comments because I quiver with JOY over John Roberts getting STEAMROLLERED on Friday’s same sex SCOTUS decision ! Yes, John was a BIG factor in 2003 Smith v Doe that we suffer under…

So this time he got hurt. In his ANGRY dissent he even dragged in stuff like ” Kalahari bushmen, Han Chinese, Carthaginians, and of course the Aztecs.

It was a THRILL to read Johnny get legally unglued….Source of the Kalahari stuff, Friday’s NY Times.

Charlie Rose was on PBS tonight (6/26) with a well known constitutional lawyer talking about how great the SCOTUS decision was based on equal protection of the law. Lets hope our equal protection rights our coming soon. And I really like the tie for registration photos idea, lets do it. I will this October! When I was going to court for my case, I wore a new suit. The security staff kept thinking I was an attorney. I looked more like an attorney than my own attorney. What you wear makes a big difference. They threatened 26 years prison for… Read more »

See keep wearing those Tie. Even at the registration..

Does this sound like any situation you know?:
May 20, 1996
The Supreme Court, in Romer v. Evans, strikes down a Colorado law that blocked any legislative or executive action to protect gays and lesbians from discrimination.

“If the constitutional conception of ‘equal protection of the laws’ means anything, it must at the very least mean that a bare desire to harm a politically unpopular group cannot constitute a legitimate governmental interest,” Kennedy writes.

As beautiful as Colorado is, they are among the worst states in the Western US for registrants. Their preamble to enacting so many oppressive statues was loaded with lies and what is even worse is that the legislature and governor actually believes them.

They let many children die due to the shambles their child protective services agency is but won’t even let registrants breathe without intrusive regulations.

I found this advise online:

Here is an easy way to figure out what jobs hire sex offenders in your area.

If you want a job then start looking at the sex offender registry (I guess get a family member to look). There are most likely sex offenders in your area who have jobs. Just start clicking through every single sex offender in your area and write down their work address. Then go into google and type the address in. This will help you figure out what the company is. You can then go apply at these places.

This would be really helpful if the site listed occupations.

They post your work address online now in CA?

This is news to me, as well. At my last up-date the PD had nothing on the form about work address.

Back in the day I always told them my employer’s name and address but that was until things started changing. I read where other states post the address so from then on, just in case they start to publish the information here in CA, I tell them I am unemployed because the Megan’s law BS makes it impossible to secure gainful employment.

“C”, I’m in CA. The CA Registry does not show very much information about me. It does not list my home address nor my work address.

Good for you!

I just did my annual registration. I asked if there was anything new that I should be aware of and was told, “No, not for you.” However, this time, they had an extra sheet for me to initial and sign. It had the case number and other information from 20 years ago. I was told this additional sheet was required because the State was auditing the program and needed it for their records. Is the State planning to “update” its Registry information? Are they reviewing the records of Registered Citizens prior to some other change? Will the information be used… Read more »

Were they asking you to verify that a past criminal record was accurate? You may be waiving your right to challenge inaccurate records. That could be what they mean by audit.

Nevada ‘ supreme Court will hear preliminary arguments this coming Tuesday to see if the injunction on posting the personal information of all tier 1 offenders, and those convicted of a crime against a child, with convictions as far back as 1956 will be listed, thereby exposing them online. Will be interesting and I’ll keep you posted on what happens and how it looks (if I am able to stream it at 1030 on 6/30.

Nevada: Thank you for the update ! Maggie M will be doing her stuff. So starts probably the conclusion of the 7 year battle to stop the Walsh onslaught on Nevada. 1956, retroactivity, juvenilles, conviction v risk, and level 1.

I’m so mentally exhausted. My court required program said they would kick me out if I don’t get on heavier medication for my anxiety. I hate drugs, and my anxiety is well founded. I can’t find work, I have almost used up my savings, and I refuse to be homeless. I so want to be back in Ratchathani, Thailand with my late girlfriend’s family and my friends. They love me. I hate my life here and hate this country. I don’t see any future, at least not one that I want to wait around and keep hoping and praying for.… Read more »

Patience, try to hang in there. Check the internet for stress-reducing exercises, breathing, etc. You can get through this, you can do it. For now, just try to focus on keeping yourself safe, sane and healthy. As for employment, when I moved out here to Cali, a counselor at the local “EDD” office was able to help me find work. NOTE: she was a specialist at helping ex-felons get work (she was not just the average EDD counselor). Believe me, I was not an easy case for her because of the charges and time in prison, but I was eventually… Read more »

How about trying Robert Curtis’ scissor sharpening? Maybe won’t make you a millionaire, but sounds kind of Zen to me and ought to focus your mind off the negative voices. How ’bout we registrants, family and friends form a corporation and hire ourselves? A small town is Spain did just that and now they do business around the world (Mondragon). Janice said “what’s your dream”, and that one keeps popping into my mind whenever I hear of someone having trouble finding a job. Look at the talent in this group! All you need is forward thinking, and willingness to try;… Read more »

What’s the purpose of expunging? I have one misdemeanor count of a 647.6, and am not listed on the website. If I expunge the case what does it do? It seems pointless.

Nevada: EAdvocate picked up the 6/30 LV Journal article today about the hearing. Funny, the Journal had dozens of comments the last two times ; so far none this time…

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