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ACSOL NewsCalifornia

Los Angeles Courts Grant Two Petitions

Source: ACSOL

Two superior courts in Los Angeles county have granted petitions submitted on behalf of two different registrants.  The first petition was granted on Nov. 5 in the San Fernando Valley court house to a registrant convicted of Penal Code section 243.4 whose tier had not yet been determined.  This registrant was represented by ACSOL President Chance Oberstein.

The second petition was granted today in the downtown Los Angeles courthouse to a registrant convicted of Penal Code section 288(a) and assigned to Tier 2.  This registrant was represented by ACSOL Executive Director Janice Bellucci.  In both cases, the District Attorney did not object to the petitions.

In addition to the petitions granted in Los Angeles county, it is reported that 22 petitions have been granted thus far in San Diego county.  That total includes petitions submitted by the public defenders office on behalf of registrants convicted of Penal Code section 288(a).  

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Nice. Congratulations to all!

Congratulations! Thank you team ACSOL!

Congrats to ALL!

The momentum is building!

Once tens of thousands of registrants are released from the tyranny of the registry and the public sees that there is NOT a huge wave of sex crimes, then there will be hope to change the registry to start allowing us level 3’s off.

That sounds nice, but it will not work. People want and need to have boogie men. If they lose a few thousand it won’t affect the rest because the released will quickly work to become anonymous again and society will forget that they were ever released. Then society will keep on believing that only the listed citizens are dangerous.

I agree. Not only that but the lying Registry Supporters will continue to feed the clueless public their lies and the public will believe that somehow our dumbass governments have actually figured out who the “worst of the worst” are and that they are now “monitoring” those fewer people extra well.

Personally, I think if they do somehow identify the “worst of the worst” then they will be making those dangerous, unstable people even worse. The Oppression Lists really do seem idiotic to me. I guess since probation/parole wasn’t working so well they thought they’d also try make-believe, magic Lists?

It is a lot harder to oppress 1,000,000 families than it is 100,000. Once the criminal regimes get it down to just the right number, all of us can jump on with everyone else and oppress away. It’ll be easier.

I agree as time goes on tier 3 will be more oppressed and screwed as they can focus more on them. Sadly the CP cases really got the brunt of all his mess and

when they restructured the original bill.

What was the basis for the appeal for the 288(a) as that was an attempt (664) and working with LA Public Defender and would like to make a move from Tier 2 to Tier 1 and with a COR I would be able to now get off the Registry

Just out of curiosity, are Chance and Janice donating their time for these petitions????

No, Chance and I are not donating our time for these petitions. We are working on behalf of paying clients.

As you should. I assume you two need to eat, etc.

Just like to express my appreciation for this organization. Thank you Janice for all your work and dedication and to you Chance, thank you for the fight u put up in getting my petition granted. After 27 years on this registry I simply had enough. Hiring u as my private attorney was the best thing ever. Congrats to the other individual who’s petition was granted as well. I must say I was on edge going in on this with a TBD status. Again many thanks 🙏

Congratulations to you Benny. And Yes, Attorneys Chance and Janice are excellent. I retained Attorney Chance for Dismissal with great result with my Petition for dismissal granted also. Attorney Chance Oberstein explain the law in this area where the Judge even pull out the big Penal Code book to verify. In addition, in my opinion, made the DA’s office looked unprepared and either would not or could not comprehend the complete Law. Thank you Attorney Chance for your hard and excellent work

Hey Benny, I’m in San Fernando Valley and I hired a lawyer just a week prior to finding out about Janice and Chance. I’m a tier 1 and been registering for 20 years, but what weird is the L.A.P.D sent email to my lawyer saying that we did not provide them with the right clerk stamp copy. They want a conformed copy of the petition with the correct stamp or they will not proceed with my investigation and maybe not notify the D.A that I’m eligible. Its stamped by the D.A office and shows its been filed and we mailed that to L.A.P.D, but did you give a conformed copy etc ?

Yes, you have to provide a conformed copy (conformed by the court) to the DA’s office and the registration office in the county where you currently reside and in the county where you were arrested/convicted if it is different.

Hi Janice, Well here is something new if you have not experienced we filed the petition with the court and its stamped by the clerks office big box saying received with date and initial, on top of petition document then on the right side it says in a box clerk stamps date here and in that box it’s stamped saying District Attorney San Fernando Branch with date and time.

Then when he mailed the petition over to Van Nuys Police department they emailed my laywer saying that its the wrong clerk stamp and they will not start the investigation process until they received the correct stamp, but we were given a court date for Feb 22 2022 that shows as further proceedings when my lawyer filed it at court.

I’m concerned with the law enforcement agency that the clerks office did stamp it and my lawyer stated they have received the petition as he received an email of acknowledgment and the Police don’t get to choose on what type of confirmed copy they should received. Sound weird ? Have you come across this issue as of yet?

If not well this is something I’m experiencing in the San Fernando Valley right now. The day we filed is the day we got a court date. I have attached an image for you to see how it was stamped and filed to van nuys L.A.P.D but there email response to my lawyer was that its the wrong clerk stamp and need a conformed copy. My lawyer has informed me that this indeed is a conformed copy. Maybe I can get a second pair of eyes from you, Please see attached. We also filed everything else needed as proof of service and proof of registration

clerk stamp.jpg

i would like use janice also in may of 2022, 288a conviction 1989,,,..

ACSOL’s contact info (it’s at the top of this page.

Man this is crazy, these usually hands on 288(a)s (which includes children of all ages under 14) are getting off the registry when the 664/288(a) with the added 288.2 simply for talking to them online about meeting in person are not.

Why is that? Don’t be like the political monsters and try to label one crime worse than the other. We are all better than that. Did you know that my spouse is a 288 a for being a high school senior with a freshmen relationship that was not sexual besides kissing. The victim turned 14 one week later. You cannot label a 664 less just as I won’t say a 664 is worse. Each case is different. Each victim is different. We need to show support and yes, I agree those labeled with certain offenses that are tier 3 are bogus as heck, but I refuse to label other registrants as worse than the other when I don’t have facts.

Not saying anyone is worse or better than anyone else, simply stating the severity of the crimes by statute. Common sense tells me in my opinion that a actual 288(a) with a six year old is way more severe than a attempted 288(a) with a 13 year old over the internet. Must be my twisted way of thinking because obviously the state doesn’t think so.
And yes every case is different but severity differences.

Last edited 1 month ago by mike r

Because the misdemeanor version of 288.2 is Tier 1. You can commit the same crime and either be on the registry 10 years or life depending how it was prosecuted.

The misdemeanor version of 288.2 is non-registrable

@jab you are correct! Each case is totally different with different circumstances indeed .

Thanks for all you do I’m hopeful one day Virginia will have some positive news. I’m so happy for everyone who is free.

its sad though that people in CA that have a pc311 are LIFERS ;(

Only for now, Jeff, only for now.
I can assure you that ACSOL and its many followers will continue to fight to fix the faults in the current California Tiered Registry system.
I attend & participate in the ACSOL lobbying efforts in Sacramento and I hope many others will join me. 👍🏻

That is not true. Some people convicted of PC 311 have been assigned to Tier 1


Do know if that’s the case with felony variant? My understanding was only the misdomeanor variant.

Congratulations to these two that Petition for removal and was granted. Great work and time from Attorneys Chance Oberstein and Janice Bellucci. Excellent Attorneys who get great results. Also, I would like to hear if any Petitions for removal have been granted from San Bernardino County and if they were TBD. Anyone have difficulty with this County?

I petitioned July 31st for relief of registration, it’s been over 4 months now, im wondering is this normal? is there a way to check on my status? the courts sent me to the counties public defenders office in which I handed my relief forms? even if I had to pay an attorney *I would * atleast I would know something & with updates, and all honesty, it would be worth every single cent *GOOD LUCK TO ALL*

When I submit a petition, I tell my client to expect an answer in 6 months or longer. Why? Because local law enforcement has 60 days (2 months) to determine whether you are eligible to petition. Then the DA’s office has another 60 days (2 months to respond to your petition — no objection, request summary denial or request court hearing). The court does not have a deadline to act.

thank you so much for the info *really appreciate 🙏 * to bad the court systems didn’t work this fast with answers and or results *GOOD LUCK TO ALL* thank you Janice & chase for fighting & continuing to educate us*

hello janice i will use you for my process for removal on my b day 2022 may riv county conviction 288a , 1989 ,,tier 2 now send info so we can start process of hiring you thanx

I just donated $100.00

Thank you, J, for your generous donation!

Im in San Diego and was assigned to Tier 3. My charges are 288(a) and 288.2(b). My attorney had determined I should be in Tier 2 and qualify for 10 year exception.

I don’t know why I’m in Tier 3. It seems the DOJ can just place anyone in any tier regardless of charges?

I see 288.2 is in Tier 3 but why would 288(a) be in Tier 2 when it’s a worse offense? These laws make no sense.

Well you know, talking to someone on the internet is worse than actually laying hands on a 6 year old.

My situation was a single offense to somebody I knew. No contact, no photos, only texts. The cop threw a myriad of charges at me and 288.2 b was the compromise. Whoever added this last minute to the bill has ruined lives for thousands and their families. The registry itself is a sham in the name of public safety. The politicians can’t even protect our children from gun shot violence. Btw, does anyone know of another state where I might have a chance to get off the registry? I’m ready to move soon after retirement.

GS, my petition proceedings were at the San Fernando Court House. I’ve been to VN Court house on other matters and I could b wrong but I’ll give it jab. I’m assuming theyre requiring a stamp from the clerk that’s on the second floor, criminal line. Thats we’re alll cases are filled. Once it’s filled they will contact your attorney with a court date and court room #. I hope this helps

Hey Benny, thank you for taking the time out to respond. My proceedings are at San Fernando not Van nuys, but van nuys is where I have to register with the law enforcement agency. Once we filed with San Fernando we automatically got a court date for further proceedings this up coming month February. Problem is courts filed the docs, they have been stamped by clerk, and filed with D.A and we mail served the Van nuys law enforcement agency as well but to only get a response from the Law enforcement agency saying its the wrong clerk stamp, so they wont proceed with doing an investigation on and report to D.A that I’m eligible until the law enforcement agency receives the correct clerk stamp. My lawyer is stating not to worry as the law enforcement acknowledged receipt of petition, and they don’t get to choose what clerk stamp we serve them with…..I guess I will have to just wait it out until the court date to figure things out, but it looks like for our end we did everything correctly, but the L.A.PD van nuys are giving us some issue’s with the clerk stamp…

GS, yeh that’s strange VN is not acknowledging your filled documents, however your lawyer should b right, they received it, notified. Having a court date is a foot in the door. If granted you’ll b the 2nd one out of that court 😁👍🏽 Good luck

L.A.P.D contacted mle today told me not to worry that the courts would just push the dates back until things are in order, also the officer said she would contact the san fernando court to help assist regarding the clerk stamp. I Just hope this simple process goes well and it doesn’t get complicated then what it already is, meaning no road blocks…

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