As a former Deputy Public Defender in Riverside County, Mr. Donath has always been on the defense side of the law.
Top 100 Trial Attorneys in California 2012-2014, 2008 Trial Attorney of the Year by the Riverside County Public Defender's Office, and dozens of other awards and accolades.
Your lawyer should have a passion for defense, not just a passion for money. Reputation, vigor, and determination go a long way in this business.
As a former Deputy Public Defender in Riverside County, Mr. Donath has always been on the defense side of the law.
Top 100 Trial Attorneys in California 2012-2014, 2008 Trial Attorney of the Year by the Riverside County Public Defender's Office, and dozens of other awards and accolades.
Your lawyer should have a passion for defense, not just a passion for money. Reputation, vigor, and determination go a long way in this business.
Posted in Criminal Defense,Sex Crimes on March 26, 2019
The state of California takes sex offender registration very seriously. California’s Megan’s Law requires all authorities to notify the public of sex offenders in their area. The conviction can have a lasting impact on your life, since you must place your name on a public record if a court finds you guilty of certain sex crimes. If you need help combating a sex crime charge, contact a Riverside sex crimes defense attorney to build an effective case.
California’s Penal Code 290, also known as Megan’s Law, states that any person convicted of certain sex crimes must register as a sex offender. You must renew your registration every year within five days of your birthday or whenever you move. The primary objective of registering is for law enforcement to keep up to date on your whereabouts and for your neighbors to stay informed of sex offenders in their area. Law enforcement officers post the information of sex offenders on the Megan’s Law website.
Not all sex crimes in California require sex offender registrations, and some require shorter registration periods than others. In addition, not all sex offenders are on the Megan’s Law website. California divides registration requirements into three tiers, based on the severity of the crime, each with different penalties.
must register for 10 years if an adult or 5 years if a minor. After the 10-year requirement, offenders can petition for removal from the registry. You receive a Tier 1 designation if you received a misdemeanor charge or if you received certain non-violent felony charges. These crimes can include indecent exposure, misdemeanor sexual battery, misdemeanor child pornography, and misdemeanor oral copulation. Unless the offender poses a threat to the public, Tier 1 offenders are not on the Megan’s Law website.
must register for 20 years if an adult or 10 if a minor. You can petition for removal from the registry after the 20-year minimum registration period. Tier 2 crimes include felonies that are not applicable to Tier 1 or Tier 3. Examples of Tier 2 charges include incest, sexual acts with those unable to consent, oral copulation, or penetration with a foreign object. Tier 2 offenders are on the Megan’s Law website.
face the most severe registration requirements. All Tier 3 offenders must register as a sex offender for life and are not eligible for the petition for removal. You receive a Tier 3 requirement if you received a conviction for more serious sex offenses, such as many rape cases, pimping of a minor, and child pornography. Tier 3 offenders are on the Megan’s Law website.
When a person is required to register with the California sex offender registry, there is an abundance of information they must provide to law enforcement authorities in their jurisdiction. While not all of the information provided to authorities is made public, much of it is. Below, we provide a list of information that jurisdictions must include the following information on their websites related to the sex offender:
It is clear from this list that sex offenders are afforded very little privacy from the public. Anyone can look this information up on various websites, and they do not even need to know an offender’s name to do so. All a person needs to do is conduct a search in a geographic area.
The Law Offices of Graham Donath offers free consultations. If you have been accused of a sex crime, contact our offices in Riverside today.
You may have heard the phrase “sex offender risk assessment,” but not quite understood what it means. In California, a risk assessment is used to measure the risk that a sex offender poses of reoffending. This is the same method used by actuaries to determine rates for life insurance and car insurance.
When it comes to sex offenders in California, there are four risk assessment instruments that the state uses for assessing re-offense risk. The first is called Static-99R. This is used to assess male offenders before they are sentenced and prior to being released from prison. Static-99R is based on unchanging (static) risk factors that can predict the potential for reoffending for sex offenses. This includes the age at their release from custody on the particular sex offense, the number of certain types of prior convictions, as well as the characteristics of their victim.
Under Law, these static risk scores are shown on the Megan’s Law website. However, since this risk assessment was not used until 2006, many offenders convicted before that time have not been scored using Static-99R. It is also important to note that offenders who are offense-free for 10 years after release from custody may not be eligible for a Static-99R score unless they commit another sex offense.
JSORRAT-II is used in California to assess juvenile sex offenders. This score was developed using actuary processes to bring greater accuracy to juvenile offender characteristics. This includes using information that can inform many decisions that need to be made, including placement, programming, supervision, and other resources that may be available for the offender. Under the law, juveniles are not shown on the Megan’s Law website. Their risk assessments are used only by law enforcement and treatment professionals.
The last two assessments used are STABLE-2007/ACUTE-2007. These are dynamic (changing) risk factors that are related to the risk of re-offense. This can include factors such as:
STABLE and ACUTE scores are used by sex offender treatment professionals during parole or probation. These results are often used to inform officials about proper treatment and supervision terms and conditions.
If you must register as a sex offender in California and fail to do so, you could receive a conviction under California Penal Code 290 PC. Since Megan’s Law requires you to register whenever you move and every year on your birthday, you can face significant charges.
If your conviction was a misdemeanor, a failure to register will be a misdemeanor punishable by a prison sentence of up to one year. If your conviction was a felony or you have failed to register as a sex offender in the past, you could receive a felony for failure to register. You could receive a prison sentence of 16 months, two years, or three years.
You can fight a failure to register charge with the help of a California criminal defense attorney. You can state that you did not willfully fail to register, you attempted to register but something went wrong, or you received a false accusation. To combat this charge effectively, contact a Riverside defense attorney now.
Sex offenses in California are taken very seriously. If you or someone you care about is facing a charge that could lead to a sex offender registry requirement, you need to speak to an attorney as soon as possible. Please understand that prosecutors and law enforcement officials have extensive resources at their disposal to bring a case against you. Most individuals facing these charges do not have the experience or resources necessary to defend themselves properly. This can be detrimental, and a person charged with a sex crime could end up with severe sentences.
At the Law Offices of Graham Donath, APC, you can count on a skilled and experienced attorney to be by your side. We will get to work investigating your case immediately. Our goal is to get the charges against you reduced or dismissed altogether. When you need a sex crimes defense attorney, you can contact us for a consultation of your case by calling as soon as possible.