Whether in the Phoenix area, or anywhere in Arizona, per ARS §13-3821, you must "Register as a Sex Offender" if you were convicted of a felony sex crime, or an attempted sex crime, in Arizona or any other jurisdiction (as long as that other jurisdiction's laws are substantially similar to Arizona's laws). This means that a person must go to the local sheriff's office in the county where they reside (whether in Arizona or out of state) and inform that office of their new address (or change of name) within ten (10) days of the conviction, or ten (10) days of entering and remaining in that county. In addition, the person must get a new driver's license every year, with a new photo. New laws have also imposed a $100.00 annual fee to the registration.
If a person does not properly register in a timely manner, they will then be in violation of ARS §13-3824 (i.e. "Failure to Register as a Sex Offender").
If the only violation is failure to obtain the annual driver's license, then the person would face a class one (1) misdemeanor, which punishable with up to six (6) months in jail and a $250.00 fine plus an 80% surcharge. Any other violation will be charged as a class four (4) felony which contains serious ramifications. If the prior conviction for the sex offense itself is not alleged as a felony (or it is too old to be alleged), then a first offense punishment would include anywhere from probation with zero (0) days in jail to one (1) year in jail; or prison of one (1) year to three and three quarters (3.75) years of incarceration. If the actual underlying sexual offense is alleged as a "prior conviction," or the person has any other allegeable historical prior conviction, now the range of "prison only" punishment is anywhere from two and one quarter (2.25) years to seven and one half (7.5) years of incarceration. If there are two (2) allegeable historical prior felony convictions, now the range of prison is six (6) years to fifteen (15) years of incarceration.
It is a defense to this charge if a person is traveling back and forth between counties within every ten (10) day span. That means that if a person has now moved into one county, but travels out of county for a job (such as construction), then they do not need to register at the new county's sheriff's office. It is only when you exceed ten (10) consecutive days within a county that you need to register with that county's sheriff's office. Many times we are able to get a person into compliance with the law, and convince the Prosecutor to drop the charges for Failure to Register as a Sex Offender. However, this will depend on what a Defendant has told the police officers when being initially questioned.
The "Common Defenses", which may apply in any criminal case are numerous and diverse. One of the most common defenses we encounter is a "Miranda Rights Violation". In Arizona, the standard of whether any inculpatory statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a "Voluntariness" standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, "Denial of Right to Counsel" is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their lawyer, but is denied and questioning continues. In certain cases (such as DUI) it is mandatory that you speak to an attorney as soon as possible in order to determine your rights before your body burns away the evidence of your presumably low alcohol content. Other defenses include challenging the validity of any search warrant, or whether there were any "forensic flaws" during the investigation of your case. This could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; ballistics; gunshot residue testing; computer analysis / "cloning hard drive" procedures; forensic financial accounting reviews; etc. Lastly, one of the most common defenses is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction.
It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®), with the most Certified Criminal Law Specialists of any AV® rated Arizona Law Firm, per the Arizona Board of Legal Specialization. In addition, the Firm and all of it's lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Attorneys know the system well. For a free initial consultation, call us at 1-888-822-6867, or click here to contact us now.
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Dismissed |
04/24/08 |
Aggravated DUI, Aggravated DWI |
Dismissed |
04/14/08 |
Aggravated Assault w/Gun |
Not Guilty |
04/04/08 |
DWI Only(.092 Breath) |
Not Guilty |
03/25/08 |
DWI (.099 Breath) |
Not Guilty |
03/24/08 |
Aggravated DUI, Aggravated DWI |
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