I was not with him today when he had to go register, his sister took him but the Officer told him that he needed to initial everything or the GBI would say that the form would be incomplete. He has no restrictions! All he had to do is register each year 3 days before his birthday.
The form lacks the power to impose restrictions upon your father that are not applicable to him by statute. It is unfortunate that the local administrators are not always fully trained on that issue. In addition to annual registration, he does have to update any changed information within 72 hours. I had a codefendant who was charged with Trafficking Person for sexual labor or servitude, he rented a hotel room in my name while I was working out of state, a warrant was taken out for me too and I was arrested, he was taken to trial and it was a mistrial, the DA still held him, and retried him 2 months later, he took a plea of 20y serve 8, I was severed and continued to fight to prove my innocence.
So I was forced into a plea of 15y probation with time served for the 18 months I was in jail fighting the case and required to register. I was forced and never afforded any other remedy for relief. Questions: 1. Can I file a motion to withdraw the plea and go to trial? If I withdraw the plea, can I be subject to re-arrest?
Can I file a motion for a modification? Can I pay the fines for my probation and go back home to my country if I have lost everything and am homeless? The challenge for your type of inquiry is whether you would truly make a decision if you were faced anew with the same difficult bargain. Take a plea to probation or face the possibility of life or virtually so in prison.
People also seem to believe that if the judge had just known about the evidence that the case would have gone away. That is a misunderstanding of how the American justice system works. For a case that is going to go to a jury, the judge does not get to veto prosecutions in most cases. If you were permitted to pursue this type of relief and were successful, you would go back to your status prior to the plea. If your probation is terminated, it is possible you would face deportation, voluntary or involuntary. I am sorry that you felt compelled to enter this plea.
It is a difficult thing to face the threat of so much time if you go to trial and are convicted. It is possible to challenge the plea and sentence with some time limitations on when the motion must be brought. If you are successful in overturning the plea and sentence, then you return to the status that existed prior to the plea. I pleaded guilty to one count of child porn in MO in I did 10 months on a 1 yr and 1 day sentence and life time supervision. The case was fed and state and was served concurrently. I was released from the DOJ in Jan.
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In I was released from supervision by the federal judge. My family is thinking about moving to the Atlanta area in the near future. Can I get off the registry when I get classified if we move to GA. I have had one client successfully removed from the Georgia registry for a federal child pornography conviction for which the sentence had been completed.
Every case is different though. Black, I have a special situation for you to assist us with. The sentence was a 20 year sentence, split to serve 3 years in jail followed by 5 years of probation. The three years have now been served and the probation has begun. On the original felony sentencing papers the only special conditions of probation indicated were to comply with SORNA registration and to have no contact with the victim s. Well, he had his probation transferred to Georgia successfully and now the assigned Probation Officer has met with him and added a curfew and a sex offender treatment program.
Everywhere we read it states that a court must impose and assign conditions of probation and the P. How can things like a treatment program be implemented with no due process as this was not a part of the original sentencing order from the AL court?
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Would this not violate his original plea bargain as the option to attend sex offender treatment was not checked and not recommended by the Alabama courts or District Attorney? The Probation Officer seems to be overlooking or overstepping the court mandated sentencing. Thanks for your help. If you need a bit more information please let me know. You should probably take a look at their website. I will make reference to some of the rules under that compact.
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The particular case that you describe involves the transfer of an active sex offender supervision. Rule 3. However, any non-resident offender transferring into Georgia who has any sex offense in his or her criminal history may face the same issues. For our purposes, I am going to talk about Georgia as the receiving state.
Georgia must supervised transferees consistent with supervision of similar offenders sentenced in the receiving state. Rule 4. ICAOS Advisiory Opinion states that a receiving state is not permitted to impose the establishment of sex offender risk level or community notification on transferees unless it imposes the same requirements on its own offenders. Georgia, as a receiving sentence, may impose a condition on an offender if that condition would have been imposed on an offender sentenced in the receiving state.
This can be done at the time of transfer or during the term of supervision. It is likely this Rule that Georgia is relying upon in imposing these additional onerous conditions. Their argument is that with a sex offense, a Georgia court likely would have required these conditions. However, their argument may be incorrect. The issue has not been litigated in Georgia that I can find, but I found a Massachusetts decision Goe v.
Commissioner of Probation, Mass. In Georgia, all sex offender conditions are discretionary, not mandatory.
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As well, I am not sure how Georgia is justifying the imposition of sex offender conditions on transferees for non-sex offense supervision cases where the history includes a sex offense. It has been reported to me that that occurs. While you are ascribing this decision to the individual probation officer, it is likely that the decision was made at a higher level.
It is worth noting that the sending state Alabama becomes obligated to give the same force and effect to these receiving state imposed conditions as its own conditions. The issue then becomes how to address these conditions as being beyond the authority of the Department of Community Supervision.
It would require the filing of a declaratory judgment action in Georgia against the Department of Community Supervision. Overall, my best advice is for a person to consult with a Georgia lawyer knowledgeable about these issues before making the decision to seek a transfer of probation or parole to Georgia. Mr Black I was convicted overseas in military court martial for sexual offense. My question is how do I go about using the disabled person to request to get off registry?
Also, forgot to add that my conviction was in court martial overseas. It is a matter of filing a petition for removal in your county of residence and proving your disability to the court. I was convicted in in NJ, 3 yr sentence, maxed out to be on CSL in NJ can petition to be removed after 15 years since getting out of prison. In , I requested to move to Georgia and was allowed to move. I am now in the process of petitioning the courts here where I live in Ga to be removed from the registry OCGA Question 1, if I am successful, that will only pertain to Georgia?
If you reside in Georgia, you can petition for removal unless you are classified as a dangerous sexual predator in Georgia.
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This has been found not to be a violation of ex post facto provisions, but a U. Supreme Court decision from this term suggests that the justices might be willing to examine this issue given the extent of the disabilities imposed by some states. So, for now, my answer is no, but it may be an open question. It will pertain to Georgia.
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