Long Beach, Failure to Register As a Sex Offender, 90 Days

Our client was charged in Long Beach Superior Court with failure to register as a sex offender, arising out of a prior case he had in the Torrance Superior Court wherein he was convicted and required to register as a sex offender under Penal Code § 290.  The client lived in Long Beach and kept in contact with the Long Beach Police Department for reporting purposes under § 290.

The conduct constituting the violation was failing to register his residence with the sex offender database within the required five days after he moved (Penal Code § § 290(b) and 290.013(a)).
 
Since he did this while still on felony probation, a probation violation was also filed in the Torrance Superior Court.
 
The facts of the failure to update his address were fairly innocent.  Our client was house sitting for a friend from church for a few weeks and living at the friend’s home, but did not advise the Long Beach Police Department of this to add his friend’s home address as his own address in the sex offender database.  Our client’s stay at the friend’s home was truly temporary, but the rules are clear and have no provision for temporary stays lasting longer than five days.

As it is a Los Angeles County rule that probation violation matters, when coupled with an independent, new case in another courthouse, “travel” to the other court for consolidation with the other new case.  Therefore, the probation violation from Torrance was transferred to Long Beach.

When the client’s family found out about the violation, they went with the client (six people in total) to the Long Beach Police Department in hopes of explaining the house-sitting for a fellow-church member.
 
The Long Beach Police Department was not swayed that this violation was excused and took the client into custody in front of his parents, sisters and brothers, much to their horror.

The family then called Greg Hill & Associates and met with Greg.  They explained what had happened and Greg Hill visited the client in jail the very same day, which happened to be a Sunday.

He then appeared in the Long Beach court and, knowing how harsh probation violation matters are punished in Long Beach, endeavored to have the two matters transferred to Torrance Superior Court for judicial economy.  The offer for a plea bargain in the consolidated cases was two years in state prison if the cases stayed in Long Beach.

Over loud objections from the handling District Attorney in Long Beach, the judge there did transfer the two matters to Torrance Superior Court.  Once the cases were in Torrance, Greg Hill prepared a Sentencing Brief which included a lengthy collection of our Client’s certificates and letters from his friends to show the judge in Torrance that he was a “Good Guy” and deserving of leniency in punishment.  Greg’s written brief discussed each of the sentencing factors in mitigation and aggravation as required under the California Rules of Court.

Greg Hill also prepared a Supplemental Sentencing Brief with additional information for the court in Torrance to consider.  At sentencing, the Torrance judge sentenced our Client to ninety days in county jail, which worked out to be “time served,” as our client had been in jail for sixty days already (he was given good time credit for 30 more days) and he was immediately released.

Our client and his family were very appreciative of saving one year and nine months of prison time by moving the case to Torrance.

For more information about being a registered sex offender, please click on the following articles:
  1. When Convicted Sex Offender Violates Terms of His Initial Release from Prison, Court May Impose Lifetime of Supervised Release
  2. Twenty-Five Year to Life Sentence Not Improper for Failure to Register As Sex Offender
  3. Lifetime Requirement to Register as Sex Offender Not Eliminated When Felony Conviction Reduced to Misdemeanor
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