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Failure to Register as a Sex Offender

Watch this short video where David explains Failure to Register as a Sex Offender:

Whether in the Phoenix area, or anywhere in Arizona, per A.R.S §13-3821 and§13-3824, you must register as a Sex Offender if you reside either permanently, or temporarily in Arizona, and were convicted of certain felony sex crimes, or attempted sex crimes, in Arizona or any other jurisdiction, so long as the other jurisdiction’s laws are substantially similar to Arizona’s laws.

If you are not an Arizona resident, but you have one of the above convictions, you may have to register in Arizona if certain requirements are met including employment in Arizona for an aggregate of thirty (30) days in a calendar year, or enrolled in school in Arizona for more than fourteen (14) days consecutively or thirty (30) days in the aggregate in a calendar year. If the defendant was adjudicated delinquent (meaning you had a juvenile conviction) of one of the above listed crimes, your duty to register terminates once you reach the age of twenty-five (25), or the court may order the termination of the duty upon successful completion of probation.

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Registering as a Sex Offender requires that a person must go to the local sheriff’s office in the county where they reside in Arizona and inform that office of their new address (or change of name) within ten (10) days of the conviction, or within ten (10) days of entering and remaining in that county. There is a $250.00 initial registration fee. In addition, the person must get a new driver’s license every year, with a new photo and updated address or contact information. New laws have also imposed a $100.00 annual fee to the license registration. Additionally, within seventy-two (72) hours, excluding weekends and legal holidays, after moving from the person’s residence within a county or after changing the person’s name, the defendant must inform the sheriff in person and in writing of the person’s new residence, address or new name. If the defendant moves from a county to a new county, the defendant must inform the sheriff of the county they are leaving, and the sheriff in the new county. The registration requirement continues for life. If a person does not properly register in a timely manner, they will then be in violation of ARS §13-3824 “Failure to Register as a Sex Offender.”

Need an Arizona Failure to Register as a Sex Offender Attorney? Contact David Michael Cantor if you have been charged with Failure to Register as a Sex Offender. Call 24/7 602-307-0808 or click here to fill out our confidential form to setup a Free Consultation.

Possible Punishment for Failure to Register as a Sex Offender

If the only violation is a failure to obtain the annual driver’s license, then the defendant is charged with a class six (6) felony. If the prior conviction for the sex offense itself is not alleged as a felony (or it is too old to be alleged), punishment can be probation with zero (0) days up to one (1) year in jail, or prison of four (4) months to two (2) years of incarceration. If the actual underlying sexual offense is alleged as a “prior conviction,” or the person has any other allegeable historical prior conviction, then the “prison only” range is nine (9) months to two and three quarters (2.75) years in prison. If the person has two (2) historical allegeable prior felony convictions, then the “prison only” range is two and one quarter (2.25) to five and three quarters (5.75) years of incarceration.

Any other violation will be charged as a class four (4) felony which contains serious ramifications. If the prior conviction for the sex offense itself is not alleged as a felony (or it is too old to be alleged), then a first offense punishment would include anywhere from probation with zero (0) days in jail to one (1) year in jail, or prison of one (1) year to three and three quarters (3.75) years of incarceration. If the actual underlying sexual offense is alleged as a “prior conviction,” or the person has any other allegeable historical prior conviction, now the range of “prison only” punishment is anywhere from two and one quarter (2.25) years to seven and one half (7.5) years of incarceration. If there are two (2) allegeable historical prior felony convictions, now the range of prison is six (6) years to fifteen (15) years of incarceration.

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Possible Defenses for Failure to Register as a Sex Offender

The most common times someone is charged with this offense is when the defendant has a transient job, or residence, and he is moving from county to county, or state to state, often and does not register every time. It is a defense to this charge if the defendant is traveling back and forth between counties within a ten (10) day span. That means that if a person has now moved into one county, but travels out of county for a job (such as construction), then they do not need to register at the new county’s sheriff’s office. It is only when you exceed ten (10) consecutive days within a county that you need to register with that county’s sheriff’s office. Many times we are able to get a person into compliance with the law, and convince the prosecutor to drop the charges for Failure to Register as a Sex Offender. However, this will depend on what a defendant has told the police officers when initially questioned. It is important to find records and documents about the defendant’s whereabouts during the time periods to establish that he never violated the ten (10) day reporting requirement, or the seventy-two (72) hour moving requirement.

Additionally, because our law firm fights conviction from all angles, we would assert a wide range of defenses and challenges to constitutional violations that apply in all criminal cases. The possibilities are numerous and diverse. One of those we frequently assert is a “Miranda rights violation.” In Arizona, the standard of whether any incriminating statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a “voluntariness” standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, the “denial of right to Counsel” is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their attorney, but is denied and questioning continues. Other defenses may include challenging the validity of any search warrant, or whether there were any “forensic flaws” during the investigation of your case.  Lastly, one of the most common defense tactics is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction. It is important to hire a skilled Failure to Register as a Sex Offender lawyer to defend you who has knowledge of all the possible defenses to assert in your case.

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It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is an Arizona Failure to Register as a Sex Offender Attorney and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Arizona Failure to Register as a Sex Offender Attorneys know the system well. For a Free Initial Consultation, call us at 602-307-080.

Contact The Law Offices of David Michael Cantor and speak to an Arizona Failure to Register as a Sex Offender Attorney. We will assist you with your Failure to Register as a Sex Offender case.

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