Qualified Sex Offender Registration Lawyer Serving Pearland, TX
A person convicted of certain sexual offenses in Texas may be forced to register as a sexual offender within the state. This provision intends to protect the public from the “dangers” that sexual offenders bring to their communities. Severe reporting requirements are imposed on the offender, which can last a long time.
Failure to comply with all the regulations may constitute a new criminal offense and result in further jail terms. You deserve the best possible representation to prevent complications associated with your sex offender status. Scott M. Brown & Associates is committed to protecting the accused’s rights. If you require a solid criminal defense, our qualified Pearland, TX, sex offender registration lawyer is always ready to assist you.
Why Do You Need a Sex Offender Registration Lawyer in Texas?
When someone is convicted of a sex crime, they are often required to register as a sex offender. This can have grave consequences for the rest of the person’s life. Our sex offender registration lawyer can help you avoid or minimize these consequences. Here are some of the reasons why you must retain the service of our skilled Pearland sex offender registration lawyer:
- Avoids or minimizes the consequences of sex offender registration.
- Understands the sex offender registry and how it works.
- Knows your rights under the sex offender registry laws.
- Fights for your rights if you are accused of a sex crime.
- Gets help if you are required to register as a sex offender.
- Avoids or minimizes the consequences of failure to register as a sex offender.
- Helps you get your life back on track after a sex crime conviction.
- Gets help if you are accused of a sex crime in another state.
Sex offender registration can have serious consequences, but our competent sex offender registration lawyer can help you avoid or minimize these consequences. To protect your rights and get the help you need, call us at Scott M. Brown & Associates now.
What is the So-Called Texas Sex Offender Registry?
In Texas, sexual offenders must register with the state’s registry for sexual offenders. The registry is a database that contains the names, addresses, and other details of Texas-based sexual offenders. The goal of the register is to assist law enforcement officers in keeping track of sex offenders and ensuring that they adhere to the terms of their parole.
It is also a means of protecting the public from convicted sexual offenders. You must register on the registry if you or someone you know has been convicted of a sex offense. The failure to register as a sexual offender is a crime.
What Does It Mean to Be a Registered Sexual Offender in Texas?
A sexual offender is someone who has been convicted of a sexual crime. In Texas, sexual offenders must register with the state’s registry for sexual offenders. The Texas Department of Public Safety (TXDPS) maintains and makes available this registry to the public. Sexual offenders must endure the loss of their freedom and their reputation. There may also be limits on their living situation.
They are frequently harassed by neighbors and may have difficulty finding jobs. Registered sexual offenders must also periodically report to local law enforcement to check the authenticity of their information and report any changes.
What Information is Included Within the Registry?
Sexual offenders are required to notify law enforcement with their name, address, photograph, and sexual offense they are convicted of. This information is available online to the public at all times. Local law enforcement may publish the names of some sex offenders in community newspapers or publications.
TXDPS will also notify communities by letter of any sexual offenders with a high likelihood of recidivism or civilly committed sexually violent predators.
What Are the Texas Sex Offender Registration Requirements?
A person compelled to register as a sex offender is subject to stringent regulations that must be followed to avoid committing a new crime. These requirements include, but are not limited to:
- Accessibility to the Internet. Sexual offenders who have committed an Internet-based crime may be prohibited from creating social media profiles and subjected to further Internet restrictions.
- Residency Limitations. Numerous sexual offenders have very few housing choices. They may be required to live from schools, daycares, parks, and playgrounds at a specific distance.
- Local Event Restrictions. Because of their position, sexual offenders are usually barred from participation in some community gatherings.
- Possession of Firearms. The state of Texas prohibits felons from exercising their Second Amendment right to keep and bear weapons. This ban expires five years after serving the complete term of a felony conviction.
- Travel Limitations. Sexual offenders may be required to remain in a specified place or acquire special authorization to leave their home state.
- Employment Limitations. Nearly all sex offenders will be prohibited from holding certain occupations due to employment limitations. Some boards of professional licensing will not provide licenses to convicted sex offenders.
- Relationship With Children. A sexual offender who committed crimes against minors might be obliged to locate accommodation without children, including their own.
- Voting Limitations. A convicted sex offender who has committed a felony sex offense may lose their voting privileges until their probation or registration requirements have been fulfilled.
Who is Required to Register as a Sex Offender in Texas?
Chapter 62 of the Texas Code of Criminal Procedure contains the conditions of the Sex Offender Registration Program. This chapter’s Subchapter B addresses registration and verification. Any individual with a reportable conviction or adjudication or who is required to register as a condition of parole, release to mandatory supervision, or community supervision must register or verify registration with the local law enforcement authority in any municipality where they reside or intend to reside for more than seven days.
This registration must be completed no later than the seventh day following the individual’s arrival in the municipality or count. It can also be completed on the first day that the local law enforcement authority of the municipality or county permits the person to register or verify their registration, according to policy. A reportable conviction or adjudication is defined for this program as a conviction or adjudication, including adjudication of delinquent behavior or deferred adjudication, that is a conviction or adjudication for or based on any of the following:
- Sexual abuse of young children on an ongoing basis
- Sexual contact with a child
- Sexual assault
- Aggravated sexual assault
- Prohibited sexual behavior
- Compelling prostitution
- Sexual activity by a child
- Possession or distribution of child pornographic material
- Kidnapping if the criminal committed the crime or engaged in the action to sexually abuse or violate the victim
- First-degree burglary during which the offender committed or attempted to commit continuous sexual abuse of a young child or children, indecency with a child, sexual assault, aggravated sexual assault, banned sexual behavior, or aggravated abduction
- Unlawful confinement of a victim under the age of 17
- Abduction of a victim less than 17 years old
- Abduction with malice of a victim under the age of 17
- Second indecent exposure violation (unless it results in a deferred adjudication)
- Online solicitation of a child
- Human trafficking
An offender may also be compelled to register if they have a conviction or adjudication reportable for an attempt, conspiracy, or solicitation to commit an offense or participate in the abovementioned activity. The criterion also applies if the individual violated the laws of another state, federal law, the laws of a foreign country, or the Uniform Code of Military Justice for or based on the commission of an offense with components substantially comparable to the elements of an offense stated above (unless that violation resulted in a deferred adjudication).
What are the Possible Penalties for Failure to Register as a Sex Offender in Texas?
Failure to comply with registration requirements for sexual offenders is a crime in and of itself. The penalty might vary based on the underlying offense, i.e., the felony you were accused of, resulting in your registration. Failure to cooperate may result in a state jail felony, a felony of the second or third degree, or a felony of the third degree.
Failure to comply can come from any violation of the sex offender registration regulations, including, but not limited to, the following:
- Non-registration of a new address
- Failure to update personal information
- Internet access breaches
- Child proximity offenses
- Travel restriction breaches
- Offenses involving closeness to schools and other protected locations
Numerous cases of noncompliance will increase the severity of the crime, up to a first-degree felony punishable by 5 to 99 years in prison.
What Are the Common Defense Strategies Against Failure to Register as a Sex Offender?
Extenuating circumstances, a legitimate lack of awareness, and missing registration information are frequent defenses to an accusation of failing to register as a sexual offender. you can avoid an expensive conviction by demonstrating that one of these defenses applies to your case. Our skilled Pearland sex offender registration lawyer from our law firm can assist defendants in utilizing one of these defenses to contest an expensive criminal conviction.
Typically, prosecutors must establish that the defendant knowingly neglected to register as a sexual offender. A strong defense is evidence that extenuating circumstances prevented the defendant from registering. It can be more compelling if the defendant did register but did so slowly. In many states, sex offenders are required to register yearly or biannually, as well as upon specified incidents. Typical examples of such occurrences are the registrants:
- Lost their previous permanent address
- Enrolled in college or have completed college
Registrants are frequently required to register immediately after one of these events. This can be a solid defense if the registrant cannot comply with the registration requirements due to extenuating circumstances.
Legitimate Lack of Awareness
Since the failure to register must be intentional, ignorance can serve as a legal defense. However, the defendant’s ignorance of the sex offender registration requirements must be justified, such as if they:
- Were never informed of their registration requirement
- Never received registration notices
- Have a mental illness that led to their lack of awareness
The lack of awareness argument fails if the defendant “just forgot” to register. However, amnesia resulting from a significant psychological disorder might be utilized to help the defense. These circumstances consist of the following:
- Alzheimer’s disease
- Generalized amnesia following extreme trauma
Missing Registration Information
Defendants accused of failing to register may also provide proof indicating they did register. Errors in filing or other instances of carelessness might result in the loss of registration paperwork. Registrants may also be accused of providing fraudulent information if public safety officers input their personal information erroneously, such as their social security number or phone number.
Providing evidence that this is what occurred can be a powerful defense. Unfortunately, “he said, she said” arguments with law enforcement are rarely effective. When registering, registrants can aid themselves by leaving a paper trail. If they register via mail, it may be prudent to submit the document via certified mail. Keeping a duplicate of the registration is frequently a safe practice. Our knowledgeable Pearland sex offender registration lawyer can assist.
What is the Best Way to Avoid Being Registered as a Sex Offender in Texas?
The procedure for removal from the list of sexual offenders is lengthy, challenging, and frequently unsuccessful. Therefore, the easiest approach to avoid being on a sex offender’s registry is never to have been convicted of a sex crime. If you have been charged with a sex crime, you owe it to yourself to seek the most qualified Pearland sex offender registration attorney to represent you.
The prosecution must establish every element of its case to get a guilty conviction in any criminal case. Our skilled sex offender registration attorney can demonstrate reasonable doubt regarding your guilt by:
- Presenting facts or witness testimony demonstrating or indicating your innocence
- Contesting the admissibility of the government’s evidence
- Offering alternate interpretations of the evidence against you presented by the prosecution
- Cross-examining the prosecution’s witness to show that they have an ulterior motive for testifying against you or that their recall of the alleged sex offense is inaccurate
Scott M. Brown & Associates has successfully defended the rights of dozens of clients facing sex crime allegations during our many years as legal professionals. We are the best choice for those who wish to escape the consequences of a criminal conviction because of our extraordinary grasp of Texas criminal procedure and our superb trial advocacy abilities.
Contact us immediately to book an appointment with our professional Pearland sex offender registration lawyer.
Who May Request Sex Offender Deregistration in Texas?
If convicted of a sexually motivated crime in Texas, you may have been required to register as a sexual offender upon your release. Depending on the nature of the crime, the required registration period might range from 10 years to life. If you are interested in requesting an early release from these restrictions, you must first assess your eligibility.
According to fundamental deregistration standards, the following must be correct:
- You have not been found guilty of several sexual offenses.
- State law demands a longer registration time than federal law for the same infraction.
- You have successfully finished treatment for sexual offenders.
What Sexual Crimes Qualify Under Texas Law?
As stated before, one ground for deregistration is that the violation must entail a longer registration time under state law than federal law. Since some sex offenses in Texas need minimum registration periods longer than those allowed by federal law, House Bill 867 has created a level playing field by making reasonable exceptions. The following are some of the most common:
- Human trafficking
- Persistent abuse and exploitation of minors
- Contact indecency with a child
- Sexual assault or aggravated sexual assault
- Possession of child pornographic material
- Prohibited sexual behavior
- Aggravated kidnapping
What is the Process of Sex Offender Deregistration?
Once you have determined that you are eligible for sex offender deregistration, you must submit a formal request to the Texas Council on Sex Offender Treatment, along with court records, criminal background checks, and proof of sex offender treatment completion. The Council will next decide if you are legally qualified. If they approve your request, your case will be evaluated by a professional in sex offender deregistration.
They have to evaluate whether or not you constitute a recurrence risk. If your evaluation is successful, the next step is petitioning the court for early termination of your sex offender registration obligations. This is the most challenging phase, as judges have broad discretion over whether to grant petitions. Consequently, it is essential to have an experienced attorney on your side.
While being erased from the registry and required to register is surely a relief, it is also essential to comprehend what registration does not achieve. Successful deregistration does not mean:
- Deregistration may be utilized to appeal or expunge a sex crime.
- The offender is not required to disclose their sexual offense conviction to a prospective employer.
- The offender gets deleted from private law enforcement databases.
- The criminal is no longer required to finish probation, parole, or another monitoring term.
- The offender will be qualified for work involving minors.
- The DNA of the offender is removed from the law enforcement database.
- The sexual crime is erased from the offender’s record.
Who Conducts the Risk Assessment for Sex Offender Deregistration?
It is the responsibility of the Council on Sex Offender Treatment to conduct risk assessments. The Council may engage with independent, licensed sex offenders to complete deregistration examinations. In reality, the Council enters into these contracts and offers a list of permitted service providers.
The purpose of the evaluation is to examine a person’s criminal past, estimate the possibility of future criminal conduct, and establish the ongoing threat the individual provides to the community. After finishing the examination, the deregistration specialist will submit a written report to the Texas Council for Sex Offender Treatment detailing their findings.
What Are the Possible Alternatives to Deregister From Sex Offender Registration Requirements?
You may be eligible to petition the court for a registration exemption if you are registrable due to Indecency with a Child or a Sexual Assault offense. At the time of the misdemeanor, you were no more than four years older than the victim or intended victim, and the victim or intended victim was at least 15 years old.
Specifically, there must be a single reportable adjudication or conviction, the victim must be at least 15 years old, the offender cannot be older than the victim by more than four years, and the charges must be primarily based on the age of the parties. Article 62.301 of the Texas Code of Criminal Procedure explains the procedure for petitioning a court for an exemption from registering if you qualify as mentioned above. If you qualify, you may petition the court for a hearing, and the court may grant your request.
The judge will issue an order exempting you from registration if the court grants your petition. An order exempting you from registration does not expire. However, the court must revoke it if you acquire a future conviction or adjudication reportable.
What Consequences Does Deregistration or Early Termination Have?
A person who has been granted early termination in Texas is no longer required to register in Texas. As a result, your failure to comply with registration requirements is no longer a crime in Texas. The person’s parole, release to mandatory supervision, or community supervision terms will be changed to reflect the court’s order about this registration requirement.
Successful deregistration does not delete or remove criminal case records. Rather, it erases your name from the Texas Sex Offender Registry database and eliminates your legal need to continue registering with a public sex offender database.
How Can Our Skilled Pearland Sex Offender Registration Lawyer Help?
Our skilled Pearland sex offender registration lawyer can help an accused sex offender in several ways. First, we can ensure that the accused is fully aware of their rights and responsibilities under the law. We can also guide how to proceed with their case and negotiate with prosecutors on behalf of their client. In addition, our sex offender registration lawyer is well-versed in the applicable laws and regulations governing sex offender registration and can assist our client in complying with all requirements.
Finally, we can provide support and advice throughout the entire legal process, from pre-trial to post-conviction relief. If you have been accused of a sex offense, it is crucial to seek the help of our skilled and experienced Pearland sex offender registration lawyer as soon as possible. We can provide you with the legal guidance and support you need to protect your rights and ensure that you understand and comply with all applicable laws and regulations. Contact us at Scott M. Brown & Associates today to learn more about how we can help you.
Get in Touch With Our Pearland Sex Offender Registration Lawyer Today!
If you or a loved one is compelled to register as a sexual offender in Pearland, Texas, or nearby areas, you need our skilled and seasoned Pearland sex offender registration lawyer to fight for your constitutional rights. You have the right to defend yourself against charges of noncompliance. Scott M. Brown & Associates is prepared to assist you with your legal defense. Talk to us to learn how we can help you with your current situation.