Sunday, July 5, 2015

How was your 4th?

The following was sent to us via the "Tell Us Your Story" form and posted with the users permission.

By Jeffrey:
So it's the 4th of July once again. How do you feel about it? I'm sitting at home alone and feeling like an outsider. I don't feel like I really should be out celebrating. I'm a little bitter with what has went on with these sex offender laws in this country, and I have to realize that it's not the countries fault, it's the lawmakers fault. When the Supreme Court sided with the the states and approved by a 5-4 vote, Megan's Law, saying that it was not ex post facto, it gave lawmakers the right to play judge with people who they've never met. They were able to come up with any bizarre sex offender law as a result of the Supreme Court of the US not doing what was fair or just, and allowing for this insanity to continue. So I am not a fan of the court system or lawmakers of this 'great' country of ours. Now I get to look forward to all the story telling about the monsters out to get the little kids on Halloween. Fun huh?


38 comments :

wenchamberlain said...

You are not alone. It is not just the courts and politicians. An ignorant and hateful society has let it happen and demanded it to happen. I am willing to bet that everyone who has ever been arrested hates this country. Until we stop ostracizing, incarcerating, judging, dividing and blaming people, we'll never be able to claim our true humanity.

Mike said...

ok, what year was ur conviction in WI? #2 Are u sure the JUDGE said u did not have to register? #3 Was it in ur plea agreement? #4 Did you ever sign a piece of paper from the police or probation officer BEFORE u were off probation that u were required to register?

Mike said...

has this been to court yet? are u truly married? are you planning on taking this to court? because if you are truly married, they dont have a chance on keeping her. i assume also that the stepdaughter was not the 'victim'?

Mike said...

was sex offender registration part of your sentence or plea agreement?

Mike said...

i looked on the website...i cant believe they have you as a level 3 for your charge. I was not sure they had even started a tiered system in SC. But is there any way you can challenge the level 3? in most states u wouldnt be more than a level 2. And if sex offender registration was not part of your plea., i would try to take it to court.

NH Registrant said...

Here in New Hampshire, we have only one television station: WMUR. They make sure to have a sex offense story at least 4 times a week on all their daily newscasts (4 a day). WMUR is as right wing as they come and have their lips firmly and permanently planted on Kelly Ayotte's backside. She was the one who not only implemented the Walsh Act in NH, but made it more draconian. Level 1 Registrants register for 25 years, Level 2 and 3 for LIFE. I'm a Level 2 because of a possession conviction. I was forced to take a plea because it was my word against a crooked, but connected, cop who took 1 image found on a hard drive and turned it into 100's of images and videos as if by magic. Could I prove it, nope. So, I was given a choice: 20 years or 7. Some choice, huh?



Our national Supreme Court is corporately owned. And since ALL of our jails and prisons in the USA are at least in-part corporately owned, they will side with whatever sends the most business their way. All of our jails and prisons are also connected to the Defense Industry. Don't believe me? Take a look at any footage of what prisoners are wearing at Guantanamo Bay, the door locks, the lighting fixtures, etc. They are ALL found in any prison or jail in the US.



Also, it irks me that NO Presidential candidate - no matter how progressive - dares defend Sex Offenders. It would be political suicide!! Also, you will NEVER see any of the talking heads on TV defend Sex Offenders. That would be career suicide!! So, we're the black sheep that only groups like RSOL will defend. The reason for all of that is the same reason people immediately think "terrorist" when they see someone wearing muslim-type clothing in public: Brainwashing. The public have been brainwashed by politicians, corporations, and media that profit from the Sex Crime Hysteria.



Americans always need some kind of boogeyman to fear. It's why our country is so completely screwed up and backward.

Lucien Alacard said...

We don't have an evaluation here in SC.
Your tier is simply based on the lowest age of the victim.
It wont really matter to people as much as it matters to you and me on the registry but I have been very successful and prosperous here since 2003. Whats important now is the decisions that you make from now on.

Mike said...

yea? what do u do? and what if u want to take a trip to california for a week or so..by law, u will have to walk into sheriffs' offices 4 times just for that little vacation. Has it not hurt your social life?

Mark said...

At risk of sounding flip or cavalier, where is your/a good lawyer that will advocate for you? Especially the DA who is, in your words "sitting" on this? Believe me, if and when you obtain a competent, trusting lawyer, things will move very quickly for you. You are now in a big ditch and in my view after 18+ years in the legal world, you cannot get out of it WITHOUT an advocate. And they are out there, even if you have to go to the local attorneys who deal with indigent defendants. Recommendations, suggestions can be made for you or even an appointment by Motion can be had. It is okay to vent on this forum, but venting is not going to get you out of the ditch Mike. DO NOT expect a court to help you or be your friend! Or the DA. They both could less if you exploded into pieces. If the legislature has not enacted a statute or law that "commands" a court to inform you of registration, the courts will not inform you so. Now today, in most court jurisdictions courts do not inform a defendant of the "mandatory" requirement to register because most (99.9%), of state high courts have deemed registration as a "COLLATERAL" consequence of a conviction. If you do have the time, perhaps you should look at other various states that have registration and look for the "PREAMBLES" that are right at the beginning of each law. You will discover that virtually all preambles inform the registrant andd the public that any due process considerations are right out of the window in order to "protect" societies most "vulnerable" persons

Mark said...

That is solely because they are UNDER AGE. And that is the way the game is played.

Mark said...

Well there Charles, I am not much of a stone thrower but, legally not knowing the age of a person and having sex is absolutely no excuse - legally, and there are hundreds of cases stating so. With due respect, my concern is your seemingly lack of circumspection for the events that you have stated in your article. And because the persons you had contact with were under age, you were hit with a level 3 tier. And of course there may be a few other issues which you have not stated that brought you to a level 3 tier. Having been in the legal world for 18+ years, I have some first hand knowledge that South Carolina and Florida are two of the worst states to be brought up on charges such as yours. You may want to consult with a good competent advocate to see if there is any way to get the 3 down to a 2. People seem to like a 2 more than a 3 even if you truly are not a high risk to re-offend. The public sees the 3, and believe the state ALWAYS does the right thing meeting out these numbers. The best.

Mark said...

Once again, I must ask this question? Where is a good competent attorney advocating for you because you cannot and will not be able to help yourself as you have fallen off a big legal cliff here! Forums are not going to help you. You are going to face years in the can plus burdensome after sentence restrictions for a long long time. FIND A GOOD LAWYER WHO WILL HELP YOU FAST!

Mark said...

"child if the person is the parent, stepparent or grandparent of the minor child. . ." I will assume that you moved into this home with the woman who already had a child or children? If so, you may be legally hard pressed to win. This will be a matter of "statutory" interpretation for sure as to the sentence I have copied herein. So again I ask, have you contacted the local ACLU? They just love cases like this. Have you been able to obtain competent legal counsel to at least advise you of your rights?

Mike said...

a level 3 tier is for people who showed predatory and violent conduct in committing a crime..i dont care if the victim was 8 or 16, in fl, u are considered only a sex offender unless some kind of violence was used. Being below the legal age is only 1 factor used to determine someones risk factor. If the state happens to go by the AWA guidelines, which most dont when determining a level, anyone below the age of 13, and ur considered a level 3. I dont know if SC does or not. But i know Fl doesnt have a tiered system

Mike said...

Well one needs look no further than Doe vs MD dept of public safety, or several others, where the appellate court sided with the plaintiff, saying that since it was not part of the persons plea agreement, and was not mentioned before u accepted a plea, then u are no longer required to register..and in the case of MD last year, they had to take over 400 people off all at once. It will be very easy to prove IMO, that Fl included people on their registry when it was first launched in order to not launch a blank website. Their due process rights were violated, and when u bring up the US supreme court decision..remember..that ruling is the 'floor' of all cases and state rulings are the 'ceiling' of all cases

The Atheist Dude said...

Screw this country. The lawmakers who scare and the corporations who profit. As a now twenty year sex offender I have used the hatred to fuel me, reinvent me. Twenty years of combat training. martial arts,power lifting. Come to my door those who want to scare and intimidate. I'm waiting for you.

Mike said...

you honestly dont think if someone takes a plea, that sex offender registration is part of it? cmon....in New York for example, the judge has discretion whether u have to register. There are offers made left and right to reduce charges to misdemeanors so they dont have to register. Being told you have to register as part of the plea is THE most important part of a plea deal, unless of course u are heading to prison anyway. They make the laws up as they go along, therefore they should be easy pickings for someone who has a legitimate argument and ready to stand up for himself, regardless if he has to do it himself or has money for an attorney

Mark said...

The Maryland case was decided directly under the Maryland constitution (art.17 I recall), and had no part in the federal constitution. The federal constitution can really give you no relief. If anything, one would have to argue under the states constitution in the hope there would be relief. In New York, it is statutory for a New York Judge to do what he does after a conviction for a so-called s.o.. Other states do not. It is the details, and "hair-splitting" that makes up judicial decisions, and statutory interpretations. And, and if there is a plea deal, that is one thing, but generally appointed defense attorneys remain silent on this because of conveyor case handling and yes, threats by the DA'S office - oh yes!. Yes, I agree that if one is convicted of a sexual offense, registration is part of the conviction. And again, because courts virtually everywhere has held that sex offender registration is a "COLLATERAL CONSEQUENCE" of a conviction, virtually most courts need not express that to a convicted defendant, unless again, it is statutorily mandated. And I do agree with you that the states, and even in a lot of cases, legislators,and judges to make up the rules as they go along. This is the invidiousness of the system.

Mark said...

Take a look at the Florida registration! It is enough to make one ill. If an s.o. is to visit more than five days, one must report to the local sheriff office - get photographed, finger printed, and then placed on the Fla. s.o. internet web site. Also, one must go to the Fla. Department of Motor Vehicle to obtain an I.D. card and drivers license that is marked! In my view, this has a tremendous "chilling" effect on the right to travel. But as preambles go, the states Legislature has stated that an s.o.'s rights are gone therefore they do what they do because the public at large does not object. You see, sex offender registration, and sex crimes as well, are virtually "politically uncontested." It is a pity no Floridian s.o. has the courage to challenge the act or go to the ACLU as a visitor since one is injured by the act. And the final insult to all of this? After the visit to Fla. is all over and one leaves, the posting of thew person will not be removed from the Fla. internet s.o. site.

Mike said...

well u seem to know a lot about this. I am about to challenge the Fl law because I took a plea prior to oct 1 1997. It was written as a hit or miss statute..meaning that if 2 offenders took a plea at the same day in 1995, and one just happened to be off of probation before oct 1 1997, he did not have to register, where the other one would have to. Florida started registering sexual 'predators' on oct 1 1993. The law stated that you had to be 'convicted' after that date to register...which is 'fair'. When they launched the web site, they added the words 'convicted on or after, or still serving sanctions'...its clearly added in order to beef up the number of people on the site. All other laws pertaining to SO's are written...'convicted on or after'. I think i got a case, and im studying legal lingo. How do YOU suggest i start the process?...ive already tried to contact the ACLU and they wouldnt take the case.

Mark said...

eIf the ACLU did not want to deal with you in your case, they may be sending a signal you have to legal claim. However, I would at the very least, study the Florida constitution and see if it has a provision for the prohibition against ex post facto laws. Now if it does, (and I apologize for not knowing the Fla. constitution), study to see if that provisions interpreted strictly by state decisional law, or does the provision rely upon FEDERAL CASE DECISIONS to determine an ex post facto law in Fla. This is CRITICAL. You may also try to look into an equal protection claim as there may an argument between the disparity between you and others similarly situated or convicted. If you must file a challenge or law suit, you may look to a title 42 s.1983 claim which you can file in a state court. But you run the risk of the state AG puling into federal court only if you claim federal violations! In any event, stay in the state if at all possible. You will not prevail in the 11th circuit. Without knowing more, I will assume you had a "plea deal" in Fla. If so, did the deal provide you were not to register? If so, better contact the old defense lawyer and get every scrap of paper you can acquire viz: docket entries, transcripts, copies of indictments (if any), any Brady materials, any complaining witness statements and also police reports. You old lawyer MUST give them to you and do not fall "i'm too busy and so forth. You may have to pay, but when you get the entire record, or at least 95% of it, it will tell you a story. For the sake of brevity, I end here.

Mike said...

so title 42 s.1983..ok thats a start. i know it will go through an appellate process that could take 5 years. As far as the plea...they did not say I did not have to register...they made no mention of registration period, in any court actions. So is that bad or good? Do you have an email? mine is deniseanthony866@outlook.com...id appreciate your help, whatever u can give.

Mike said...

im reading doe vs md dept of public safety, and the way he got into court originally when fighting his registration requirement was he filed a Complaint for Declaratory Relief and Mandamus in the circuit court. Does that sound like a start?

Lucien Alacard said...

I don't know what gives you the idea that I would have to go to the sherrif 4 times for a vacation. I have been to California many times and if you stay less than 10 days you don't have to do a thing

Lucien Alacard said...

the tier system is based completely on the age of the victim. Violent crime is a legal term that is broadly used by south Carolina to give a person more time in prison. Selling drugs within 1000 feet of a school is a violent crime even if you sold drugs only two adults.
the state gets more money from the federal gov to house you.
No there was no physical violence involved in my crime but under the law, it is classified as violent. Your given the same charge as if you raped the victim even if you only touched the victim externally. the difference is in the time you serve.

Lucien Alacard said...

Part of the sentence. I was mentally ill at the time and only had money for a lawyer who specialized in bankrupsy cases. I was so beaten down mentally and emotionally that I looked at incarceration as a refuge and not a punishment.

Lucien Alacard said...

I believe every person on the registry should have the right to an assessment to prove they need to be on the registry or not after a period of time. I heard that people can now petition the court on sc to have themselves removed from the registry but don't know how effective it will be. I received a letter from an attorney who claimed to be able to get you off the registry but this person sent letters to everyone I know on the registry and wanted a 50 dollar consult fee.

david said...

Bullshit, I was a level two in Arkansas out of four ! Moved too New Hampshire and I am now a level three of three !

david said...

I was assessed at a very low level by psychiatrist nine years ago And I am placed on a high level in New Hampshire simply by format. i.e. age of said victim. people that support these laws are ignorant idiots.

Mike said...

they are most likely going by the adam walsh act. It says if they are < 13 then ur automatically a level 3. in other words, u could have consensual sex with someone 12 yrs 11 months and be level 3, and consensual sex with someone 13 and youd be a level 2. stupid huh

NH Registrant said...

New Hampshire seems to be edging toward Florida Level oppression regarding us Registrants. It's sickening how the local news (WMUR) exploits sex crime stories day in and day out. This is the most backward, ignorant state I have ever lived in.

david said...

The age of my said victim was even made up , at the time of accusation 14 but because of said victims inappropriate activity in the past they back the age up to make it look like i caused the behavior and would look better in court, that it never made it too. like a fool i took a plea scared of the lies they where already setting me up with they showed me that they where willing to do anything to convict me even though I passed the polygraph. my own lawyer said he wouldn't do a very good job if I didn't complete payment before trial and with this type of accusation you could get thirty years... or just take this little 16 months and it'll all be over with and you can put your life back together..... nine years later I still live as a slave under subjugation and imprisonment.

Mike said...

what year was ur crime?

Mike said...

u must stand up for yourself and they cannot deny u ur rights. If you have an argument about registration..take that shit to court and do not take NO for an answer. if you have to argue your case if front of the appellate court, then do it..u have the right. Its the people who are reformed, or have no chance of reoffending who stand up for themselves are the ones the let go from registration. It happens all the time, the news stations just dont report it.

david said...

2006

Mike said...

yea i was reading the NH statutes and u cant even petition the court to have moved to a level 2. think about moving to another state if u have the means, bcuz for example in MN u would not be considered predatory and u would not be on the public registry even if u had to register. there are a lot of other states, u just have to shop around, unless u have family or something in NH which prevents u from moving

david said...

Where did you find that Statue? Can you send me the link or where to locate it at?

UncleSteve said...

The only reason I celebrated 4th of july is to be with my nieces. I don't really care about the reasons for the holiday. I just like spending time with them. If I didn't have them, I wouldn't celebrate it since I don't really buy into any patriotic bullshit. The whole concept of different countries is dumb to begin with. It's all one earth. There is no reason I should feel proud or entitled because I happen to be born on a particular piece of land. And so much talk about "freedom" in this country is a farce anyway.



Lawmakers and prosecutors are the cultural descendants of witch hunters from the middle ages. They don't fight evil, they are evil.