Showing posts with label F.S.. Show all posts
Showing posts with label F.S.. Show all posts

Thursday, July 18, 2013

Another reason to fight

Here's the deal... in Texas law says that you cant admit evidence of past felony conviction during guilt/innocence phase of a criminal trial. Trial for failure to register as a sex offender does exactly that. so the rights of a person that has been found guilty whether admitted or convicted of a sex offense in a trial during failure to register can be objected and mistrial should and i say SHOULD because there are some judges that fear death of themselves and not their duty to uphold the law that they swore to protect will not admit that the trial of a person failing to register is in fact violating the rule that tainting the jury or court of conviction of past felony offenses during that said trial is in fact a violation of that persons right to a fair trial. Therefore a person being held trial for failure to register has been subjected to conflict of interest and should have their lawyer object. No other offense of this nature can be held in this perspective because no other offense requires public disclosure to this extent and anyone who thinks that i am full of shit should read criminal procedure before violating the natural civil rights of other human beings, whether you think i am one or not.

Signed,

one pissed free and law abiding sex offender

Tuesday, July 16, 2013

Think about this.......

Sex offenders are treated uniquely under state and federal law as the only offenders whose punishment does not end once they have completed their court-imposed sentence. For many, the punishments they suffer after finishing their sentences are much harsher than those they received from a judge.

While the state's interest in monitoring the activities and limiting the contact with children of the most dangerous offenders is understandable, the law also makes it difficult for those who do not pose a risk of re-offending to re-enter society and attempt to re-establish their lives. Florida and other states need to recognize that not everyone who has been labeled as a sex offender poses the same risk to society and treating them all the same is a grave injustice.

One mans story......

In 1994, at the home of a 28 yr old women, sat some teenage boys about to celebrate their friends 16th birthday.  At the time, this women was under the assumption that these guys were at least 18.  And that the birthday boy was to hit his 18th as well.  They joked to the women to give him a birthday "GIFT".  By the next morning this 16 yr old had his first "OLDER" women experience.  It seemed a trendy thing to do back then.  This birthday gift actually turned into a long term relationship.

Several years later and some run ins with the law, this young man was finally 18. Lets call him Will. He had gone to the women and tried to end the relationship, but the women was mad.  Threatening and telling him "if I can't have you, no one will".  Will left anyway.

While sitting in jail awaiting his fate on other charges, this women comes out of no where with accusations he sexually assaulted her then 14 year old daughter.  The incident she described to the State Attorney was that this young man climbed through the girls bedroom window, tapped her on the shoulder and asked her to smoke a joint. The state charged Will with "lewd and lascivious act in the presents of a minor".  She testified in open court that the girl was devastated and scared she was receiving extensive therapy. There was never any kind of investigation, other then depositions taken by the state from the alleged victim, her mother (who was Will's lover from the time he was 16-18 years of age), and some of her live in associates, including a live in, legal aged,  boyfriend. 

So why was the state going with a sexual charge?  Why not endangering the welfare of a minor?  Since when is a tap on the shoulder and offering a joint a sexual act?  And why wasn't the mother charged with having sex with a minor?

NONE of these questions were EVER answered.  Will told his attorney he was not even in the house at the alleged time.  He had an alibi. BUT..........because he was suppose to be at a work release center and had absconded, his story was useless. No ones going to believe you, his attorney said, you weren't where you were suppose to be.  There was no physical evidence that Will was anywhere near the alleged victims home.  he was in another town with many witnesses.  No one was ever questioned. No DNA, FINGERPRINTS, NOTHING!  It wasn't brought up AT ALL!!!!!  Just the accusations from a scorned women and her coerced daughter.  I say that because this young girl was told by her mother what to tell people.  This girl was already going to therapy for other issues.  Her mother had 7 children and a different father for each.  NOTHING was looked into.  Will wasn't even aware of the repercussions and severity of the charge he faced from the alleged victim.  He was told.  Take the plea or your going to spend a very long time in prison.  With no help or guidance he took the plea.  His life would never be the same.

He became another young person lost in the already bogged down judicial system.  Most of these young people have no knowledge of the law.  They trust their Attorney is doing everything they can to help them, because they don't have any choice.  There should be more options for people faced with these overwhelming charges.  Was this fair......this man now has to register as a sex offender for a crime he didn't commit.  He will be view with disgust and loathing from society because a women lied????? Unbelievable!

 Then to make matters worse, you arrest him and charge him with failing to change his address and failing to report the change.   Each time Will moved he changed his address with the DMV and the sheriff's office, as he is suppose to do according to the rules of the statute.

Okay, now comes the most disturbing part of all......I received a  subpoena from the State of Florida.  As I am in deposition with the assistant state attorney and the defense attorney. The ASA want to know where Will laid his head every night........I responded by siting that the law "Residence either permanent or temporary is a place where a person abides, lodges, or resides for 5 or more CONSECUTIVE days".  She told me I was wrong.  That's not what the law said.  I found it very disturbing that this women defends society against sex offenders and predators and doesn't know the law!!!!!  You have hundreds of homeless sex offenders in the state of Florida and they are VERY hard to trace.  These homeless sex offenders and predators move about every day with no answering to the police.  They are suppose to call in EVERYDAY when you classify yourself as homeless.  How do they know where these people really are?  They can call from anywhere.  Especially now that the government supplies them with free phones.

Your going to try to lock up a person because he may or may not have spent every single solid night at his place of residence.  Is that what the law says?  NO!  Will stayed in compliance every step of the way.  I fault FDLE and the Sheriff's office with failing to do THEIR job and then want to punish innocent people for their screw ups.

We are taking this case to trail.  One that will waste the taxpayers money.  All because a uneducated ASA doesn't know her law.  She is wasting countless time on a clear case of a misunderstanding,  to possibly have a REAL predator/sex offender slip through because you didn't get all the facts straight.  How many others have suffered this same or similar fate?  I believe each case should be evaluated separately, and that the sex offender label not be used so liberally.  How can you put a one time sex offender, whose crime happened so long ago, with no new or repeated sex offense, in the same class as one who stalks and preys on our children??????

I'm making a stand and I'm making a change......  I want to be their advocate.