General Comments July 2024

Comments that are not specific to a certain post should go here, for the month of July 2024. Contributions should relate to the cause and goals of this organization and please, keep it courteous and civil. This section is not intended for posting links to news articles without additional relevant comment.

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Happy Independence Day! Praying for a greater measure of freedom this year. Thanks very much to Janice and ACSOL.

Last edited 5 months ago by Anonymous

What independence day pfr (persons forced to register) don’t have any independence this day is pointless to us especially considering most of us can’t legally visit family or friends i personally can’t visit past 10 pm or before 6 am there is no more independence day or holidays for registered people

Anybody here in Sonoma County who can talk with me? Are there any legal people who know the plight of having to register and are not just trying to make wage? My landlady just threatened to call the police on me after I told her I would take her to court for not paying for work I’ve done, there was nothing to warrant a police call I think she is losing her mind and I need help. I’ve been the property caretaker for 22 years and it’s time to go but how can I protect myself from a lunatic?

You will always be listed as registered on the internet. That is especially true if the statutes of limitations ran out and it is too late to challenge private listings that are identical to official listings. So there is really nothing to gain by getting off the registry because there will still be multiple copies left all over the internet and your name will always come up in a search.

Question.

I’m struggling to comprehend differences between Straight Felony and Wobbler.

I understand a Wobbler to be an offense that can be charged as a misdemeanor or felony, and a Straight Felony is charged/sentenced.

In my case, my offense was charged/sentenced as a straight felony. Probation only, PC 1203.4 granted. But every attorney states my conviction is not a wobbler. But research shows it is, and I’ve seen successful cases where the court awarded PC17(b) under PC288.4(b) and other PC290 offenses considered “straight felonies”. Per SB384 my PC seems to be a wobbler because it’s under Tier 1 (Misd) and Tier 3 (F). Per PC17(b) I meet all the elements to be granted relief given the statutory reading.

So what exactly am I missing or not comprehending? Is this something to do with how I was originally sentence?

Every single attorney have not wanted to do my PC17(b) because they say it’s not a wobbler. It’s frustrating and I just want to put this to rest and your help truly means a lot.

Thank.

mugshots.com has 81K facebook members and most of them are probably questioning their mugshots.

Next week will be my last annual. 🥳🥳🥳

Was walking out of my apartment and saw a Long Beach police department drone flying over my porch it followed me downstairs and to my car before flying off WTF

It’s not just PFRs that some Spaniards don’t want to allow in Spain—in Barcelona, angry young people are targeting all tourists, with protesters even shooting random visitors with water guns. Maybe take this as a sign that your Euros are best spent somewhere else?

I am at LAX and leaving your fine state of CA this morning. I know CA has plenty of problems, all states do, but I really love it here. And the fact that you have Janice, ACSOL, and the ability (for a PFR) to walk on the beach or through a state park, is a huge bonus that you cannot truly understand unless and until you cannot do those things without fear of a 10-year prison sentence.

However, I do have to shoutout Chicago O’Hare airport; busy as heck but they have it down. Getting through “security” here was painful and the line wasn’t even long yet! Interestingly, I was patted down – woman in her fifties, ~135 lbs, daring to get Greek yogurt through security. Thankfully they kept all passengers safe by confiscating the yogurt. 🤷‍♀️

Yesterday our loved one had his first annual registration after being released last Aug 2023. He is on parole in Orange County and this time the lady asked to have his conditions of parole. When he initially registered in the city of Orange, CA he was not asked for a copy of his conditions. But in Seal Beach, CA the lady said he had to provide her a copy. Has anyone else provided a copy of their Parole conditions when they registered in California?

Question for Janice or anyone else who has been through this –
I just recently lost my job and am in the process of trying to obtain a new one. I called my local PD to let them know that I was no longer employed and had also shut off one of my cell phone numbers. He stated that once I obtained new employment, to call in to make an appointment to come in and sign off on the new employer info. I told him I was pretty sure that was not required until my annual registration renewal which won’t be until next year. He stated that they required that I need to come in but would check and get back to me. Has anyone been through this in California? I’ve perused through PC290 and could not find a definitive answer. Any feedback is appreciated!

So, when exactly does a bill become a law? I am looking at a Ga bill, SB 493 which passed this year and was signed by the Governor. Is it now a law or does it need to be codified into whatever reference a judge looks at? What is the reference judges use? Is it Lexis Nexis?

Case Name:People v. Rounds, Case #: G063593, Court: CA Court of Appeal, District: 4 DCA, Division: 3, Opinion Date: 06/05/2024
Trial court abused its discretion in denying defendant’s petition for a certificate of rehabilitation and pardon (PC 4582.01 et seq) by relying “almost entirely” on two statutorily impermissible factors: the details of the underlying crime and the unfairness to the victims and their families of granting the petition. Further, although it is proper to consider whether the defendant has admitted culpability for the crime, here the trial court improperly relied on defendant’s plea to a reduced charge as evidence that he failed to accept responsibility.
The full opinion is available on the court’s website .
here

So literally 5 minutes ago I had 3 ICSO officers pounding on my door to do a “compliance check”. Demanded to my cell number, my vehicle description and my name. Implying that they were checking because they had to. Beware they are starting the security theatre early this year.

After the Miller and Graham (SCOTUS) was handed down it moved through the States now I’m wondering how the recent Chevron ruling will affect CDCr on “Treatment” Cognitive Behavioral Treatment during parole, if at all?

Who was it that stated or referenced a website that showed which states honored out of state time frames for registering?

I asked before about what does “codified” mean. I get that meaning now and the bill I am looking at “Official Code of Georgia Annotated 42-1-19. Petition for release from registration requirements.”

on Lexis Nexis came out today with the new version that went into effect July 1, 2024.

Down in the editors notes, it states:

“Ga. L. 2024, p. 226, § 4/SB 493, not codified by the General Assembly, makes the amendments to this Code section applicable to all offenses committed on or after July 1, 2024.” (Bold by me)

I guess that means this bill is now codified and my lawyer will see that I am still eligible to petition to get off the registry.

Question, what does “Ga. L. 2024, p. 226, § 4/SB 493” mean and where can I find it?

Just food for thought and conversation sake:

How does the law allow for people with a previous felony conviction, those granted a 17(b) from answering “No” to the question have they EVER been convicted of a felony but yet court opinions such as Manzoor state that the 17(b) is for purposes AFTER it was granted (on certain sex crimes).

I think this may be an issue to bring up in written arguments/motions. How can the law say yes, you can eliminate that felony conviction as it never happened then say that yes, it did happen. While it is admittedly a little different, it does show the definition is different.

I am not sure this deserves its own thread, maybe it does, but this article shows an out of control LA County DA, legal system, and systematic destruction of a family and SoCal institution in the same vein the similar Wenatchee, WA case happened. In the end, it was about “saving the children” when it did not and was more destructive than that for all involved in the 1980’s.

Wild claims of mass child molestation rocked an L.A. beach town. Truth was the first casualty (LA Times via Yahoo, 17 Jul 2024)

Wild claims of mass child molestation rocked an L.A. beach town. Truth was the first casualty (LA Times 17 Jul 2024)

Last edited 5 months ago by TS

We’ve discussed this in the forum before for those traveling…

Traveling this summer? Maybe don’t let the airport scan your face. (Vox, 17 July 2024)

You have the right to opt out of facial recognition tech. Here’s how.

Last edited 5 months ago by TS

A court case was recently decided HOPKINS v. WATSON https://www.ca5.uscourts.gov/opinions/pub/19/19-60662-CV1.pdf in the 5th circuit that allows lifetime disfranchisement “voting” by arguments that it violates the 8th amendment. Unfortunately the court uses the Smith Alaska case test to determine what is cruel and unusual punishment. also the camping ban which went against us regards to expanding the cruel and unusual punishment definition. If this gets appealed to SCOTUS lifetime voting restrictions then the Smith test might get looked at again.

Update to 17(b) tier reassignment… doj emailed me this as I asked them for reassignment to 1 for 311.11(a).
Thank you for your e-mail dated July 19, 2024, which you sent to the California Department of Justice (DOJ).
 
Due to recent case law, review of all Penal Code section 17(b) reductions are still pending. You will be notified if the Penal Code section 17(b) reduction changes your tier level once review is complete.
 
Thank you for your inquiry

The Prosecutor Versus Felon Narrative Helps No One (Time, 23 July 2024)

This is NOT a political commentary (and should be avoided here to become filled with it) but a person first commentary on the naming nomenclature that has sadly taken place in this country that needs to stop. I’ve posted previously here about what PFRs should not be called and what could be better. The masses here have done a good job on that, but there needs to be more of it with others who feel they are better than others. Regardless of who the two people are where this is applicable, politics aside, the point should be taken to heart.

(Side note – it is interesting this article comes from a individual who comes FLA where the moniker view of PFRs is used in the name of fear and stigma. Maybe they should be questioned on their stance when it comes to PFRs to see if what they think here is applicable to PFRs whether they should get the right to vote returned to them upon completion of all penalties.)

Last edited 4 months ago by TS

To bring the masses up to date on UCMJ actions: 1) Different spanks for different ranks is getting tested again with a two-star general officer having a courts-martial being deliberated by the empaneled panel currently on an Article 120 charge and 2) A retired army member was recalled to active duty after retiring to face child sex abuse charges and be convicted of them. You can read more online but things have changed as Congress wanted.

Last edited 4 months ago by TS