COBB COUNTY FAILURE TO REGISTER DEFENSE


 

Failing to register as a sex offender is a serious felony punishable by imprisonment for not less than 1 nor more than 30 years; provided, however, that upon the conviction of the second offense under this subsection, the defendant shall be punished by imprisonment for not less than 5 nor more than 30 years.

Generally, the United States requires sex felons to register to allow authorities to keep track of them and to provide information for the public about sex offenders. Many states have Web sites about who the sex offenders are, and people often choose their homes based on the low number of sex felons who live within a few miles of their home.

Convicted sex offenders who move or cross the state lines regularly can be prosecuted if they don’t update or change their registration. Some of these laws can seem harsh, and someone who’s been convicted of a sex crime could forget to register if he or she moves. However, even if the offender moves and forgets that he needed to register in that state, he could be prosecuted and face jail time plus time of supervised release. Some situations may get sticky, so it’s best to talk with a criminal defense lawyer.

Many state laws can be quite severe on people convicted of sex crimes, and keeping up with your registration can be hard. For example, one law forbids offenders from living or working within 1,000 feet of schools, day cares, churches, swimming pools and bus stops. Also, homelessness is not an excuse for sex offenders. Offenders who fear they may be in violation of a law are advised to talk with criminal defense lawyer immediately.

Under Georgia law, here are your basic requirements. You may have additional requirements that were part of your sentence.

Any sexual offender required to register under this Code section shall:

  1. Provide the required registration information to the appropriate official before being released from prison or placed on parole, supervised release, or probation;
  2. Register in person with the sheriff of the county in which the sexual offender resides within 72 hours after the sexual offender’s release from prison or placement on parole, supervised release, probation, or entry into this state;
    1. In the case of a sexual offender whose place of residence is the status of homelessness, in lieu of the requirements of paragraph (2) of this subsection, register in person with the sheriff of the county in which the sexual offender sleeps within 72 hours after the sexual offender’s release from prison or placement on parole, supervised release, probation, or entry into this state and provide the location where he or she sleeps;
  3. Maintain the required registration information with the sheriff of each county in which the sexual offender resides or sleeps;
  4. Renew the required registration information with the sheriff of the county in which the sexual offender resides or sleeps by reporting in person to the sheriff within 72 hours prior to such offender’s birthday each year to be photographed and fingerprinted;
  5. Update the required registration information with the sheriff of the county in which the sexual offender resides within 72 hours of any change to the required registration information, other than where he or she resides or sleeps if such person is homeless. If the information is the sexual offender’s new address, the sexual offender shall give the information regarding the sexual offender’s new address to the sheriff of the county in which the sexual offender last registered within 72 hours prior to any change of address and to the sheriff of the county to which the sexual offender is moving within 72 hours prior to establishing such new address. If the sexual offender is homeless and the information is the sexual offender’s new sleeping location, within 72 hours of changing sleeping locations, the sexual offender shall give the information regarding the sexual offender’s new sleeping location to the sheriff of the county in which the sexual offender last registered, and if the county has changed, to the sheriff of the county to which the sexual offender has moved; and
  6. Continue to comply with the registration requirements of this Code section for the entire life of the sexual offender, excluding ensuing periods of incarceration.

Call us to help. Georgia does not forgive failure.