In California, once someone has been convicted of a sex crime, the law demands that they register as a sex offender within five working days after being released from jail or prison. Registering as a sex offender tends to be a lifelong commitment. Under Penal Code Sections 290 through 290.023, a person convicted for a sex crime must register their temporary or permanent places of residence with the local police department or Sherriff.
After the initial registration, the sex offender will need to update their information with law enforcement every:
Re-registration must be done promptly to avoid having new charges brought for Failure to Register. Failure to Register is an entirely different criminal offense from the underlying offense which imposed the registration requirement.
If a person living in San Bernardino or Riverside County is under investigation for failing to register or is actually charged with the crime of failing to register, they need the experience of an experienced attorney who can help them avoid the serious time that can come with a conviction.
Under Penal Code 290.018(a), if a misdemeanor sex registrant fails to register, the maximum sentencing range is up to one year in county jail. If the defendant is a felony sex registrant, under Penal Code 290.018(b), the sentencing range is 16 months, two years or three years in state prison.
Failure to update sex registration can be a wobbler charge (i.e., charged as a misdemeanor or a felony). If charged as a misdemeanor, the maximum punishment is six months in county jail under Penal Code 290.018(g). If the individual has been convicted on number occasions of failing to update registration information, they may face felony charges under Penal Code 290.018(g) and face up to 16 months, two years or three years in state prison. Whenever a failure to register is charged as a felony, the sex offender could face additional incarceration if they have been convicted of a strike under California’s Three Strikes Law.
If you or a loved one has been charged with Penal Code 290 failure to register, contact an experienced attorney who can review the evidence and prepare a defense that gives you the best chance to beat the charges or negotiate a fair plea before trial.
Client charged with possession for sales and gang enhancement. Client faced 16 years in prison with the gang and prior strike allegation. Client turned down 8 year pretrial offer with prior attorney before going to trial. Not guilty on all charges at trial. (People v. Antwan B.)
Client charged with attempt murder, accessory after the fact and gang enhancement after shots fired at a dwelling. Client turned down 15 year pretrial offer. During trial, plea deal reached for probation with time served. (People v. Rudy B.)
Client charged with resisting arrest, obstruction of justice when cops performed a probation sweep at her residence. Client found not guilty on all counts at jury trial. (People v. Felicia M.)
Client charged with corporal injury to girlfriend after argument allegedly escalated. Client had significant exposure of 21 years because of prior strike, probation violation and GBI allegation. At trial, jury refused to convict client, returning hung verdict. (People v. Christopher P.)
Client charged with possession of methamphetamine for sale after traffic stop. Client claimed prejudice by prosecution’s delay in bringing the case to court. Motion filed on behalf of client asking the Court to dismiss the case as violative of client’s speedy trial rights. Motion granted and case dismissed. (People v. Shannon J.)