Failure to Register as a Sex Offender, 90 Days County Jail
In 2006, our client, then 51 years old was arrested, charged and convicted by a jury in the Clara Shortridge Foltz Criminal Courts Building (CCB) in downtown Los Angeles of attempted lewd acts on a child under age 14 (Penal Code §§ 664 / 288(a)) and five counts of attempted sending harmful matter to a minor (Penal Code §§ 664/288.2(b)).
He sentenced to five years of formal probation with an obligation to serve 180 days in the Los Angeles County Jail. He was also required to register as a sex offender for life under Penal Code § 290 upon his release.
Our client, who worked in the home construction industry, then registered dutifully without fail for 14 years until COVID-19 hit in 2020. In 2020, on his birthday, he went to the police station and attempted to register, but was told that due to COVID-19 transmission risks, he would have to call back later to register. Our client then called back about once every three days, eager to register because he knew that failure to register could result in a state prison sentence of up to three years.
After several weeks of trying to register, and being told each time by police not to come to the station, our client stopped trying to register.
Two years later, after COVID-19 social distancing protocols had been eased, a detective handling the 290 registrants in the police station area noticed our client had not registered in over two years and got a bench warrant issued by a judge for our client.
The police mailed the notice of the bench warrant to our client’s address and he immediately went to the police station to register, where he was promptly arrested. He then posted bail and was given a date to come to court for the failure to register, a violation of Penal Code § 290.012.
He then called Greg Hill & Associates, explaining how he had not registered due to COVID-19 and how the police had told him to stay away from the station. He was now 67 years old and had his own health problems, including catching COVID-19.
Greg asked him why he did not registered later after the COVID-19 protocols eased and our client frankly stated, “I don’t know. I had a mental block on that. I can’t explain why I did not try again.”
Greg explained to the client the way he would handle the case, which was strictly a damage control exercise since the COVID-19 explanation only applied for part of the two plus years he did not register. Greg explained that judges and District Attorneys are typically quite tough on such failure to register cases, particularly when the underlying sex offenses involve children and there was a jury trial.
Moreover, our client had other prior convictions, however, nothing else within fifteen years of his sex offense convictions in 2006.
Greg then appeared in court with the Client and was shocked to hear that the initial offer from the District Attorney was sixteen months in state prison (to be served in county jail). The client was absolutely floored by this, stating he’d die in jail because of the many doctors visits he needed to have due to many medical conditions. He was also the primary caregiver for his now-90 year old mother, so she would be affected as well.
The client then provided Greg a series of letters from friends and family that vouched for our client’s good character and how he was responsible for his mother’s care.
The District Attorney said she did not want to see them, as her offer was given to her by her boss for such cases. She said it was the same offer for every person so charged.
Greg then asked to approach the judge with the District Attorney to plead “in the open” to the judge to possibly get a lower sentence. The judge patiently let Greg explain the case facts and mitigating circumstances and stated he would sentence our client to 90 days in county jail, with the client to serve the full 90 days with no credit for “good time / work time.”
While this was some relief to the client, he still had extreme anxiety about leaving his mom to the care of someone else and severe fears about being in jail, as a sex offender no less, for 90 full days although his current offense was not a sex offense per se.
Greg and the client then set the matter for one more preliminary setting conference and left the courthouse. Greg knew that if the remand order for our client stated “To serve the full sentence – no good time / work time credit,” the deputies at the jail would follow that order. The client expected to be housed in the “old folks dorm,” but this still caused him anxiety as a sex offender.
Greg spoke with many deputies about where our client would be housed, in the “old folks dorm” or the “segregated area for sex offenders.” Greg got a variety of answers from deputies in various courthouses.
Greg and the client returned to the court one more time to see, if by chance, the client could have 45 days to surrender and start his 90 days. Just to see if perhaps he could do better still, Greg asked the exact same district attorney if she would improve the deal for our client and she said, “sure, 90 days, regular time.” Our client accepted this.
“Regular time” meant our client would be eligible for “work time / good time” credits and would serve a maximum of 45 days. He hoped to serve significantly less. The client was happy with this, as it was significantly less than the 16 months in state prison (to be served in county jail under AB 109) he was first offered.
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