Failure to Register as a Sexual Offender or Sexual Predator
Convictions for certain sex crimes can eventually lead to reporting requirements. Anyone convicted of a sex offense and designated a sexual offender or sexual predator by the Florida Department of Law Enforcement (FDLE) will be required to report and follow other rues set forth by the Florida legislature. Anyone designated a sexual predator will be required to fulfill certain reporting requirements. Predators are required to register 4 times year. Anyone designated a sexual offender will be required to meet the same reporting requirements as a sexual predator, however, offenders are only required to register two times a year.
Failure to register as a sexual offender or sexual predator carries serious consequences in the State of Florida. An individual charged with failing to register as a sexual offender or sexual predator can be charged with a third degree felony or some instances a second degree felony. If an individual enters a guilty plea or is found guilty after a jury trial of certain sex offenses, the judgement and sentence with be submitted and reviewed by the Florida Department of Law Enforcement (FDLE). Depending on the statute and number of prior sexually motivated offenses, an individual can be categorized as a sexual offender or a sexual predator.
Not as if the sexual connotation is enough, the State of Florida mandates many reporting requirements for sexual offender and sexual predators. Another pitfall is that the prior sexually motivated offense can categorize a defendant as a habitual or habitual violent offender. For all these reasons, it is imperative to retain a Miami criminal lawyer at DMT to defend individuals charged with crimes such as sexual battery, lewd and lascivious conduct, child sexual abuse and child pornography. In the majority of cases, the only way not to be labeled a sexual offender or sexual predator is to win the case at trial.
Sexual offenders and sexual predators are subject to many different forms of registration. A list of the registration requirements are as follows for sexual offenders and sexual predators:
- Registration within 48 of being released from custody
- Registration with in 48 hours of relocating from another address
- Registration of Address of Residence
- Registration of Employment or Enrollment at an Institution of Higher Learning
- Registration with the Department of Highway Safety and Motor Vehicles
A failure to comply with any of these registration requirements can result in criminal charges being pursued by the state attorney's office. Charges can also be filed for failing report twice a year or quarterly, depending on what is required by FDLE.
Another problematic issue with being labeled a sexual offender or sexual predator are the state and local legislation that limits where individuals can reside. Many of the municipalities have passed living restrictions that are much more onerous than the laws passed by the State of Florida. This is yet another example of the importance in hiring a highly skilled Miami criminal defense lawyer that obtain outstanding results for clients charged with sexually related offenses.
If you or someone you know has been arrested and charged with failure to register as a sexual offender or sexual predator, contact the Miami criminal lawyers at DMT. An experienced criminal attorney is available every day of the year, 24 hours a day to speak with you regarding your situation. Allow us the opportunity to help protect your rights and defend your case. You can call our office at (305) 444-0030 or reach us by completing the form on our contact page or by sending an e-mail.