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State v. Mr. F (DMC No. 15669)

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.

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