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Criminal Law
Anonymous3 views3 answers
my son is to be released this weekend. I was just advised that the Sheriff's Dept. (not DOC) has required him to register as a sex offender because of a false imprisonment charge on a 16 year old. They both were 16 at the time of the incident. The Courts say he should not have to register, but the Sheriff's Dept. is stating otherwise. Can this happen??????? Can the Sheriff's Dept. do this????? He only took the plea deal because he wouldn't have to register...and now THIS. They want him to register on MOnday!!! The attorney is working on getting this resolved because he and the D.A. screwed up. Does he have to register Monday?
You should allow your son's attorney to be working on getting this resolved. Good luck to you.
God bless.
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I don't practice in GA, but it all depends. It depends on what the language of the GA statute for false imprisonment says (whether it has a sex connotation) and what the language of the GA statute for registering is. It also depends on the plea agreement he reached. If he was told that he would not have to -- and sitting outside false imprisonment does not look like something he'd have to register for -- he has a strong case for setting aside his plea.
He should follow the advise of his local counsel, but I would probably advise him to show up at court on Monday.
Edward J. Blum
Georgia law requires that a "criminal offense" took place against a "minor". Conviction in adult criminal court guarantees the perpetrator a spot on the Georgia sex offender registry. THe age of the perpetrator does not matter.
See 42-1-12 State Sexual Offender Registry on the internet. Especially focus on (9)(A) "Criminal offense against a victim who is a minor" with respect to convictions occurring on or before June 30, 2001, means any criminal offense under Title 16 or any offense under federal law or the laws of another state or territory of the United States which consists of:
...
(ii) False imprisonment of a minor ... .
So your son is stuck. This is the Genarlo case without the juicy bits.
