Hi, How Can We Help You?

Category Archives: 38A Failure to Register as a Sex Offender Victories

State v. Mr. F (DMC No. 15669) – Felony Failure to Register as Sex Offender – Reduced to Probation With Zero Days in Jail – Yavapai County Superior Court (Case No. CR2018-01528): Mr. F was convicted in Wisconsin of Sexual Assault on a child in 1993 and was placed on probation for five years with lifetime sex offender registration. As part of sex offender registration, there is a requirement that within 72 hours of moving, the individual must notify the local Sheriff’s Office and register. Mr. F had worked both in Wisconsin and Alaska for approximately 15 years, but had moved to the Valley a year before the incident in question. He registered when he got into Arizona with the Yavapai County Sheriff’s Office. He would travel back and forth to Alaska for work, and he would notify the Yavapai County Sheriff’s Office.
At some point, a Detective for the Yavapai County Sheriff’s Office claimed that Mr. F had not properly registered within 72 hours when he left for Alaska. He was ultimately charged with felony Failure to Register as a Sex Offender per ARS 13-3821(A). We retrieved all of Mr. F’s records and we were able to show that he had, in fact, notified Wisconsin of his travel plans to Alaska. We also pulled all of his phone records in order to show that he had been trying to leave messages and speak with the Detective in Yavapai County. Initially, the Prosecutor offered a plea to 2.5 years in prison. Ultimately, Mr. F was given an “no agreements” plea which could have resulted in Probation with no jail, all the way up to 3.75 years in Prison. At sentencing we were able to show the judge that he was attempting to properly comply, and the judge gave him the lowest possible sentence under the law – Probation with No Jail.

(8 Counts) Felony Identity Theft, (4 Counts) Felony Failure to Register as a Sex Offender, (8 Counts) Felony Forgery & (4 Counts) Felony Presentment of False Instrument for Filing Reduced to Probation and Zero Days in Jail – State v Mr. M (DMC No. 11311) (Maricopa County Superior Court CR2012-006755): In 1972, Mr. M was 17 years old and ran away from home from Florida to California, where he assumed a different name.  He went and got his social security card when he got his first job and always left it under the assumed name.  He was later convicted of multiple misdemeanor sex crimes in the Phoenix City Court, and was required to Register as a Sex Offender per Arizona Revised Statue ARS 13-3821.  He had done so for years under the pseudonym.

In 2011, he changed his name back to his birth name.  This was done with the assistance of an “enumeration expert” with the Sex Offender Registry. She had told him he could change his name as long as he never went back to using his fake name, and she did not inform him that he had to re-register the new name within 72 hours of the change. Later, Mr. M was on unemployment and was collecting benefits under his old name.  He ultimately was arrested and charged with multiple counts of Forgery based on the Sex Offender Registration forms that he originally signed, and based on his employment verifications he signed on jobs he had worked at throughout the years.  He was also charged with Taking the Identity of another, Presentment of False Instruments and Failure to Register as a Sex Offender during the course of various moves during his lifetime.  We were able to show the Prosecutor that throughout the course of Mr. M lifetime he had never committed any other types of sex crimes (over the previous 50 years). In addition, he had always paid taxes and tried to comply with the law.  Although he was facing the rest of his life in prison if he were tried and convicted on all charges, we were able to secure a deal to Probation with zero days in jail.

(2 Counts) Felony Failure to Register as a Sex Offender Reduced to Probation with Zero Days in Jail  – State v. Mr. S (DMC No. 12405) (St. John’s Justice Court/Apache County Superior Court CR2014-0175): Mr. S and his wife lived in Michigan and they bought a vacation home in Concho, Arizona in Apache County.  They would come out several days at a time and stay at that vacation home before travelling back to Michigan.  At some point, Mr. S’s wife became embroiled in a dispute with a neighbor and an Order of Protection was issued in which the police became involved.  The neighbor did some research and informed police that Mr. S was a registered sex offender.  The police then discovered that he had not registered in the State of Arizona per Arizona Revised Statute ARS 13-3821.

After he was arrested and charged with 2 counts of Failure to Register – 1 count for Failing to Register as a transient every 90 days, and 1 count for Failure to Register within 10 days of remaining in Apache County – we became involved in the case.  We were able to show by tracking down telephone logs that Mr. S and his wife had indeed called the Apache County Sheriff’s Office several times to get information on whether they had a duty to register.  In addition, Mr. S had received erroneous information from prior counsel telling him that he did not have to register.  Because it was possible that these defenses could be successful at trial, the Prosecutor agreed to reduce the charge down to Probation with zero days in jail.  If Mr. S had gone to trial and lost, he would have been facing mandatory prison time.

Conviction Reversed on Appeal Failure to Register as a Sex Offender – State v. Mr. N (DMC No. 13283) (Arizona Court of Appeals No. 2 CA-CR 2014-0420; 2 CA-CV2015-0102):  Mr. N had been convicted in Illinois for the crime of attempted indecent solicitation of a child.  He was ordered to register as a sex offender.  He later moved to Arizona, and registered pursuant to Arizona Revised Statute ARS 13-3821.  Some years later, Mr. N received notice from the State of Illinois that he was no longer required to register as a sex offender.  We then filed a petition to terminate his registration requirement in Arizona.  The Trial Court denied that Petition, and then we appealed to the Arizona Court of Appeals.

We argued that the elements of the crime for Indecent Solicitation of a Child in Illinois differed from Arizona’s laws requiring Luring a Minor for Sexual Exploitation.  The court determined that Mr. N could have violated the Illinois statute in several ways that would not have constituted a violation of Arizona Revised Statue ARS 13-3554 (see: “Luring of a Minor for Sexual Conduct).  Therefore, the Court of Appeals reversed the Trial Court’s decision and Mr. N was no longer required to register as a sex offender in the State of Arizona.

Felony Failure to Register as a Sex Offender Dismissed – State v. Mr. M (DMC No. 12196) (Pinal County Superior Court CR2014-00369):  Mr. M had committed a sex offense in another state before moving to Arizona.  He had been registering in Arizona as required by Arizona Revised Statute ARS 13-3821.  He was going to move to Europe, and he came into the Pinal County Sherriff’s Office and informed them he was moving to Europe, but did not yet have an address. They then told him to send the address once he arrived there.  He ended up moving to Greece, and then when he came back into town, he was arrested as he was attempting to get back on the airplane to fly back to Greece.  He was held on a $50,000 bond and charged with Failure to Register as a Sex Offender per Arizona Revised Statute ARS 13-3821.

We were able to research his prior conviction and show that the “Adjudication had been Withheld”, which called into question whether he needed to register at all.  In addition, we showed the prosecutor attempted compliance when he went in and spoke with the Sherriff’s Office.  They were the ones who in fact told him he could leave the country. Ultimately, the prosecutor agreed and dismissed all charges.  Originally Mr. M was facing mandatory prison time.

Felony Failure to Register as a Sex Offender Dismissed – State v. Mr. S (DMC No. 13348) (Maricopa County Superior Court CR2015-143557): Mr. S had been convicted of a misdemeanor sex crime in another state.  He was required to register in that state, and when he moved to Maricopa County, he began registering in Arizona per Arizona Revised Statute ARS 13-3821 (see: “failure to register as a Sex Offender“).  He had conducted his annual registration every year since 2008 to 2015, plus every time he moved.  The last time he moved, he changed the address on his driver’s license and thought that would satisfy the requirements.  The police showed up to his work and found he was not at work, they then went to his house and arrested him.

We did extensive research and were able to determine that the crime he was convicted for in another state would not qualify as a crime in which required registration.  In addition, we were able to get the other state to remove the registration requirement, as they had a registration time limit which had expired.  We then sent all of the proof to the Prosecutor, and he agreed to Dismiss all charges.  Lastly, we followed up the Sex Offender Compliance Office in the State of Arizona, and they corrected the information in their system, thereby showing Mr. S no longer needs to register.  Originally, he was facing mandatory prison time, and instead all charges were Dismissed.

Call Now Button