Saturday, February 12, 2011

Recent Beating Illustrates Difficulties Facing Registered Sex Offenders

"Convicted sex offenders may face not only harsh criminal sentences, but also unrelenting public prejudice after they have served their time. A criminal defense attorney who understands these issues can help those accused or convicted of sex offenses."

February 12, 2011 /24-7PressRelease/ -- In Orlando, a group of teens beat a registered sex offender and killed his dog in early December.

According to police reports, the victim was exercising his dog, a Pomeranian-Chihuahua mix, in the front yard of a group home for registered sex offenders when the teens attacked him. His dog, Daisy, unsuccessfully attempted to ward off the attackers, who repeatedly kicked and stomped her. The victim reported to police that the teens told him they "knew who he was and what he had done" before the beating. While the victim suffered minor injuries, Daisy died despite attempts by veterinarians to treat her injuries.

Problems Await Registered Sex Offenders

The recent incident in Orlando vividly illustrates the sort of difficulties registered sex offenders (RSOs) may face after release from prison. No matter the crime, registered sex offenders of all levels -- even level one offenders who pose little to no risk of repeat offense -- are subject to severe restrictions, both legal and practical. While draconian residency restrictions can leave RSOs without viable housing options, public prejudice can lead to joblessness and an increased risk of vigilantism, none of which serve the goal of preventing abuse to children.

There are a variety of charges that can result in a person being labeled a sexual offender. In some circumstances where the case has been vigorously defended, the prosecution may make a plea offer for a sentence that involves little or no jail time, but still results in that person being labeled a sexual offender. While the punishment may seem relatively minor, being labeled a sexual offender can have life changing consequences.

A sexual offender must provide information to state authorities, such as recent addresses, including work addresses and school. A sexual offender can also lose opportunities for work and be prevented from living in a desirable location.

A sexual offender's registration information and photo will be posted on the FDLE sexual offender public website and registration is required for life, unless a full pardon is obtained or the conviction is set aside.

A sexual offender who moves or even travels must notify the local sheriff's office, as well as the sheriff's office in the new residence or vacation location.

City or county rules and regulations may be even more restrictive than the state requirements.

For these reasons, it is important to have a criminal defense attorney who understands the issues. The decision to avoid a trial when offered a favorable plea agreement may at first seem a wise choice, even for a person who is innocent of the crime. A decision to accept such a plea agreement must be considered carefully if the end result labels a person as a sexual offender.

Knowledgeable Legal Representation is Essential

Convicted sex offenders may face not only harsh criminal sentences, but also unrelenting public prejudice after they have served their time. A criminal defense attorney who understands these issues can help those accused or convicted of sex offenses. For further information, contact a lawyer who practices criminal defense law.

Article provided by Law Offices of Mark L. Horwitz, P.A.
Visit us at www.mlhorwitzlaw.com
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"When an American says that he loves his country, he means not only that he loves the New England hills, the prairies glistening in the sun, the wide and rising plains, the great mountains, and the sea. He means that he loves an inner air, an inner light in which freedom lives and in which a man can draw the breath of self-respect."
~Adlia Stevenson U.S. Vice President (1893–1897) and Congressman (1879–1881)

On a Personal Note

Thanks for the opportunity to express my thoughts regarding the issue of citizens’ rights, particularly addressing certain sex offenders’ crimes that do not fit the devastating, inequitable and endless punishment given.


As you know, many young men and women lives across the nation are being destroyed by incarceration, life-time registry and restrictive laws that do more harm than good. For those individuals, there is no second chance.

Below is a personal letter to President Obama:
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“Dear President Obama,

I truly agree with your sentiments that individuals, such as ex-felons, should be able to receive a second chance at life. Since we all know that one can veer off that path of life and travel along rough, rocky terrain, sometimes running off and ending up in some ditch. We all have made our fill of mistakes and sometimes those held a costly consequence that changed life forever. So we lived through it, trying harder to make things right with family, friends and those around us, but what about those who aren’t able to make things right even if they tried…because they’re labeled as too dirty, a leper, a person who is rejected from society and home.

But what if they’re a seventeen year old and had sex with a fifteen year old, consensual at that? Or they’re a teen that had gotten so enraged after a breakup that he sent out naked pictures of his girlfriend on his cell phone or email? Or an individual urinates where someone just happens to see them?

All are wrong and a travesty but do they deserve the life of no second chance with a registry that ends all. They are labeled, no jobs, no where to live…they have been deemed a menace to society, a plague. These certain circumstances, and many other situations similar to these, I believe still deserve a second change.

Fourteenth Amendment to the United States Constitution

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

After my son’s early release and two years of prison, I thought I had handled that fact graciously knowing after serving his time he would be able to get that fresh start, that second chance. He was an exemplary inmate, GED, college courses and vocational classes. Little did I know that a second chance on the outside was the farthest from the truth? He now struggles and lives in a trailer park sharing a trailer with another and surrounded by others in the same rocking boat, one to float endlessly in shark infested waters. I see him little because of probation requirements (he couldn’t live with us because we were 800 feet near a school). My family is afraid of what would happen to them if he lived with them…vigilantism. My son has no other place to stay since others condemn him of his crime that is screamed from the highest rooftop. Sex offender, sex offender!

Not all sex offenders are pedophiles or predators but some are simply young kids that make one stupid and rash decision that eventually changes everything, and they have no idea what they’ve done until their life is never their own. Exactly, where is that second chance for those sex-offenders who are lumped together with pedophiles and predators? Now, it makes me sick to think of my son’s future and many like him that are on the registry and many with no second chance…ever. I am asking you as a mother and as another concerned citizen of the United States that these laws are looked at again and taken into serious consideration in what they are doing to the Constitution of the United States, not for sex offenders in general but the future rights of every citizen, before anymore are put into effect. They unjustly strip an offender of their rights and place them in a guillotine that can be easily set off by anyone and at anytime. Where is the second chance for ex-sex offenders in the present, pending and future laws?”
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What truly saddens me is the weakness and deterioration of what the sex offense issue is doing to our once, great nation. Across Europe, others are seeing the injustice and disregard of rights, but we ignore this problem and it makes me wonder where humanity is heading….

We have become a hysterical society in which our latest witch-hunt is a sex offender--no matter his/her crime.

Below is a email sent from a foreign advocate to a father of a sex offender:
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“The tragic story of your son's death is just so sad that it's difficult to explain how. It was very hard to read your letters. It seems almost unbelievable that this can take place in a democracy! From our point of view, there is no justice in this. Not in any way: not for you, your son, the former girl friend – or even the state.

It is an abusive legal system. It seems barbaric. And we are so very sorry that this takes place. That's why it's so important for us to try to neutralize the debate with this…, hopefully making some changes. ….. to show the every day life of the sex offenders, trying to show how they keep on being punished, even after served prison time…..But we will for sure tell the story of the injustice that your son has been exposed to.”
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I appreciate everyone's commitment and backing to protect everyone's civil rights, plainly as noted in the Constitution of the United States and is presupposed, giving ALL men are “life, liberty and pursuit of happiness.”