Being accused of failing to register as a sex offender in San Diego, CA, is a stressful experience. You may be facing significant fines and potential jail or prison time. However, it’s important to remember that you have legal rights and options to fight the charges.
If you were arrested, an experienced San Diego failure to register as a sex offender attorney can help you build your defense. Contact us at Blair Defense Criminal Lawyers or at (619) 357-4977 to schedule a free consultation. We’re standing by to help you.
How Blair Defense Can Help If You’re Arrested for Failure to Register as a Sex Offender
If you are facing a charge for failing to register as a sex offender, it is essential to seek the help of an experienced attorney. Your legal team can help you build a strong defense and protect your rights.
Blair Defense has decades of combined experience in criminal defense. Our San Diego criminal defense lawyers have helped thousands of clients with their criminal defense matters.
When you hire us, we will:
- Work with you to develop a strong defense strategy and help you understand what to expect in court.
- Gather evidence and documents to ensure you were properly notified of your requirement to register as a sex offender. You can’t be found guilty of failing to register if you weren’t notified of this requirement.
- Handle all communications and negotiations with the prosecution
- Work to get a favorable plea agreement or take your case to court.
Don’t take chances when it comes to your future. If you or a loved one are facing a failure to register as a sex offender charge, contact the experienced San Diego sex crimes lawyers at Blair Defense to schedule a free consultation.
Overview of Failure to Register as a Sex Offender in San Diego, California
The sex offender registry is a database that contains information on individuals who have been convicted of certain sex-related crimes. The registry is used by law enforcement to keep track of convicted sex offenders and to provide the public with information about offenders in their area.
To be convicted of failing to register, the prosecution must prove:
- You were convicted of a California sex crime that required registry,
- You reside in California,
- You knew you had to register, and
- You knowingly and willingly failed to do so.
If they fail to prove just one element, they cannot convict you of your charges.
Being a registered sex offender means that you must follow certain regulations if you want to stay in compliance with the law. This includes registering with the police department of the city/county you reside in and then updating or renewing their details every time there is an address change. Depending on your criminal history, you may even be required to register more often than that.
The process of registering entails reporting to the local police or sheriff’s station and submitting information about your name, address, contact information, physical features, student status, vehicle information, and any identification numbers from your criminal background. You will also need to be fingerprinted and have a current photo taken. If you fail to register as required, you will be criminally charged.
What Are the Penalties For Failure to Register as a Sex Offender in San Diego, California?
Failing to register as a sex offender is a serious criminal offense with severe consequences. Understanding the penalties that come with this charge and the impact they could have on your life is essential.
Penalties If Underlying Case Was a Misdemeanor:
If the underlying case that requires a person to register as a sex offender is a misdemeanor, the person will be charged with a misdemeanor for failing to register.
The possible penalties for a misdemeanor failure to register charge include the following:
- Summary probation
- Fines of up to $1,000
- Imprisonment of up to one year in the county jail
Penalties for Underlying Felony Case:
If the underlying case that requires a person to register as a sex offender is a felony, the person will be charged with a felony for failing to register.
The penalties for a felony failure to register charge include:
- Felony probation
- A fine of up to $10,000
- Imprisonment of 16 months to 3 years in state prison
Most felony sex crimes are considered “strikes” under California’s three strikes law. If a person has been charged with failing to register as a sex offender in the past, the penalties they face for a subsequent charge are more severe. Repeat offenders can face longer prison sentences, higher fines, and more restrictive probation terms.
What Defenses Can Be Raised If I’m Accused of Failure to Register as a Sex Offender?
As a defendant accused of failing to register as a sex offender, the deck may seem stacked against you. But don’t give up yet. With the help of a knowledgeable and experienced attorney, you have a chance to defend yourself against these serious charges.
Here are some of the most common defenses raised in cases of failure to register as a sex offender.
Lack of Willful Intent
One of the critical elements the prosecution must prove in a case of failure to register as a sex offender is that the defendant acted with intent to avoid registering. Suppose you can show that you didn’t know you were required to register or that you tried to register but were unsuccessful. In this case, you may be able to successfully argue that your failure to register was not intentional. It’s important to understand that forgetfulness alone is not a defense.
Life can be unpredictable, and sometimes a medical emergency can arise when you least expect it. If you were unable to register as a sex offender due to being hospitalized or because you were caring for a sick or injured family member, you may be able to argue that your failure to register was not intentional. This defense can be especially compelling if you registered as soon as the medical issue was resolved.
Lost or Misplaced Paperwork
Suppose you can show that you mailed in your required information, but it never made it to the local police or sheriff’s station. In that case, you may argue that you were not intentionally avoiding your registration requirements.
For non-native English speakers, registering as a sex offender can be a confusing and daunting process. If you didn’t fully understand what you were signing or what was required, you might be able to argue that your failure to register was not intentional.
Schedule a Free Case Evaluation With Our San Diego Failure to Register as a Sex Offender Attorney
Have you been accused of failure to register as a sex offender in San Diego? If so, it is essential to understand all the laws and possible penalties associated with this charge. It can be daunting to navigate such complexities alone, and it’s always in your best interest to speak with a lawyer.
For help with your failure to register case, contact Blair Defense to schedule a free consultation with one of our San Diego failure to register as a sex offender lawyers.