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Sex Crimes
Failure to Register As Sex Offender Defense Lawyers in Frisco, TX
Relentless Defense Against Sex Crimes Allegations in Frisco, Carrollton, Collin, Denton & Surrounding Counties
In the Collin, Dallas, Denton and surrounding North Texas counties, the conditions that must be met in order to get registered as a sexual offender are never ideal for anyone, but such conditions have to be achieved in order to avoid further legal problems. Any infraction might be regarded by law enforcement or the Collin and Denton County District Attorney’s Office as a failure to register as a sexual offender in Texas, which is a felony charge, when an individual fails to comply with their obligations and fails to register as a sexual offender.
Remember that courts are often less lenient with previously convicted sex offenders than any other type of defendant accused of disobeying court orders. This is something that you need to keep in mind, especially in North Texas. Persons who move or travel frequently for their work are more likely to commit offenses related to failing to register as a Sex Offender. Also susceptible are people who have recently moved into a new area such as Collin and Denton County with all the growth in businesses. If you have been accused of failing to register as a sex offender in Frisco, Plano, and surrounding North Dallas areas, you need to contact the experienced Sex Crimes Defense Lawyers at Ridgely Davis Law in Collin & Denton Counties to fight for you.
Of all the crimes on the books in Texas, Failing to Register as a Sex Offender is probably the most aggressively pursued one by law enforcement that punishes an accused for something they did not do rather than something they did. If an individual is obliged by law to register as a sexual offender because of a previous conviction or deferred adjudication for a sexual offense, and if that individual fails to register as a sexual offender, there are now facing substantial legal implications.
If you or someone you love is facing this charge, please contact the experienced Sex Crimes Defense Lawyers at Ridgely Davis Law in Frisco, TX serving Collin, Dallas, Denton and surrounding counties, to discuss the specific facts pertaining to the failing to register as a sexual offender allegations so that our Defense team can start preparing your defense and minimizing your exposure. It cannot be overstated how important it is to get your defense started as early as possible.
Charges in Texas Related to the Failure to Register as a Sexual Offender
Chapter 62 of the Texas Code of Criminal Procedure contains the program’s guidelines for registering sexual offenders in the state of Texas. According to section 62.051 of the Texas Code of Criminal Procedure, a person is guilty of committing a criminal offense if they are required to register but fail to comply with any obligation outlined in Chapter 62.
According to section 62.051(a) of the Texas Code of Criminal Procedure, any person who has a reportable conviction or adjudication or who is required to register as a condition of parole, release to mandatory supervision, or community supervision is required to register as a sex offender with the local law enforcement authority in any municipality where the person resides or intends to reside for more than seven days. In most cases, the severity of the punishment for an infraction of failing to comply with registration as a sex offender requirements is determined by how frequently the accused offenders were obliged to register. The majority of offenses involving failing to register as a sexual offender are rated as follows:
- State jail felony when a person was forced to register once per year for ten years;
- A Felony of the third degree when a person was required to register once per year for the rest of their lives; or
- A felony of the second degree for failing to register as required once every three months for the rest of one’s life.
When an alleged offender has previously been convicted of an offense or an attempt to commit a failure to comply with registration requirements offense, or when they fraudulently used identifying information in violation of Texas Penal Code 32.51 during the commission or attempted commission of the alleged offense, the punishments may be increased to the next highest degree of a felony.
Potential Defenses for Failing to Register as a Sex Offender
A person who is compelled to register as a sexual offender might find themselves in a hazardous situation, since they are at risk of being charged with a crime as a consequence of a misunderstanding of the law or simply a clerical error. This puts them in jeopardy of facing serious criminal charges after they have previously had their lives turned upside down by the original sex offense charge. These cases frequently turn on a little detail or procedural irregularity, and the majority of them may be successfully defended. The facts of each individual case are what make or break the outcomes.
The following are some instances in which a person may have a legitimate defense to an accusation:
- Convictions that occurred in another state. In situations in which a person has been convicted of a sex offense in another state but fails to register in Texas after moving there, he or she may be subject to criminal charges. However, the DPS is required to make a decision that the infraction committed in another state is substantially comparable to a violation for which registration is required in Texas.
- Notice of a Change in Address. A person is required by law to give notice to both the local law enforcement agency with whom they are required to register and the Department of Public Safety at least seven days before they intend to move to a new address. When a person attempts to comply with all of the criteria of their sexual offender registration, they frequently find themselves making errors and failing ot provide law enforcement with notice of the change of address is perhaps the most common.
- Error with regard to a relocation that was not recorded. The government may try to infer that a person does not live at the location at which he is registered in certain situations, such as when the person works odd hours. For example, in the case of a person who works contract jobs and the hours are not set to a particular schedule. In such a scenario, the defendant has a good chance of winning their case if they can demonstrate that they maintain their personal property and belongings primarily at the registered location, pay their rent on a consistent basis, and receive their mail there.
- An error was made about the jurisdiction of the law enforcement agency. Those individuals who are compelled to register as sexual offenders must do so with the law enforcement agencies in their respective localities. On the other hand, in larger areas such as Collin and Denton Counties with a variety of precincts, unincorporated districts, townships, and suburbs, it can get a little bit complex. When the government contends that the individual should have reported to a different local agency, it is possible for a person who has already contacted their perceived local agency to register as a sex offender to nevertheless be charged of failing to register. However, this is an excellent set of facts for an experienced failure to register as a sexual offender defense attorney in Collin Denton and Surrounding counties to put on a strong defense and hold the government to its standard of proof.
In truth, many cases of failing to register as a sex offender charges include an accused offender who just missed an appointments and individuals might have a broad variety of reasonable explanations that could justify their inability to attend when they have not had any other problems with their compliance. It is important to keep in mind that some persons might be accused of committing this infraction even though they have really registered. Other individuals may have simply been confused about what their reporting duties were at the times of their alleged violations, and an experienced sex crimes defense attorney may be able to once again bring attention to otherwise lawful compliance with other standards in order to obtain leniency or a pass on this single error.
CONSULT AN Experienced Failure to Register Defense Lawyer in Frisco, Texas
If you or someone you care about has been charged with a sex crime such as Failing to Register as a Sex Offender in Frisco, Texas and within Collin, Dallas, Denton and surrounding counties, you need an attorney who is skilled and competent to fight for your constitutional rights and defend your innocence.
You can count on the Frisco Sex Crimes Criminal Defense Lawyers at Ridgely Davis Law to protect your rights and to provide you with the assistance you need to defend your case. Get in touch with the Ridgely Davis Law in Frisco, Texas right now at (469) 935-4600 to schedule a no-cost consultation appointment.
Schedule a Free Case Evaluation with an Experienced Sex Crimes Criminal Defense Lawyer in Frisco, TX serving Collin, Dallas, Denton and surrounding Counties. (469) 935-4600
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Accused a Sex Crime in the Collin, Denton County regions of Texas? It is essential to get an understanding on how to address the allegations and develop a plan to move forward. At Ridgely Davis Law our Sex Crimes Defense Lawyers are ready to answer your questions and help you develop a strategy to fight the charges in your unique Assault matter.
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Texas Penal Code 62.051 Failure to Register as a Sex Offender STatutes
Art. 62.051. REGISTRATION: GENERAL. (a) A person who has a reportable conviction or adjudication or who is required to register as a condition of parole, release to mandatory supervision, or community supervision shall register or, if the person is a person for whom registration is completed under this chapter, verify registration as provided by Subsection (f), with the local law enforcement authority in any municipality where the person resides or intends to reside for more than seven days. If the person does not reside or intend to reside in a municipality, the person shall register or verify registration in any county where the person resides or intends to reside for more than seven days. The person shall satisfy the requirements of this subsection not later than the later of:
(1) the seventh day after the person’s arrival in the municipality or county; or
(2) the first date the local law enforcement authority of the municipality or county by policy allows the person to register or verify registration, as applicable.
(b) The department shall provide the Texas Department of Criminal Justice, the Texas Juvenile Justice Department, and each local law enforcement authority, authority for campus security, county jail, and court with a form for registering persons required by this chapter to register.
(c) The registration form shall require:
(1) the person’s full name, date of birth, sex, race, height, weight, eye color, hair color, social security number, driver’s license number, and shoe size;
(1-a) the address at which the person resides or intends to reside or, if the person does not reside or intend to reside at a physical address, a detailed description of each geographical location at which the person resides or intends to reside;
(1-b) each alias used by the person and any home, work, or cellular telephone number of the person;
(2) a recent color photograph or, if possible, an electronic digital image of the person and a complete set of the person’s fingerprints;
(3) the type of offense the person was convicted of, the age of the victim, the date of conviction, and the punishment received;
(4) an indication as to whether the person is discharged, paroled, or released on juvenile probation, community supervision, or mandatory supervision;
(5) an indication of each license, as defined by Article 62.005(g), that is held or sought by the person;
(6) an indication as to whether the person is or will be employed, carrying on a vocation, or a student at a particular public or private institution of higher education in this state or another state, and the name and address of that institution;
(7) the identification of any online identifier established or used by the person;
(8) the vehicle registration information, including the make, model, vehicle identification number, color, and license plate number, of any vehicle owned by the person, if the person has a reportable conviction or adjudication for an offense under:
(A) Section 20A.02(a)(3), (4), (7), or (8), Penal Code; or
(B) Section 20A.03, Penal Code, if based partly or wholly on conduct that constitutes an offense under Section 20A.02(a)(3), (4), (7), or (8) of that code; and
(9) any other information required by the department.
(d) The registration form must contain a statement and description of any registration duties the person has or may have under this chapter.
(e) Not later than the third day after a person’s registering, the local law enforcement authority with whom the person registered shall send a copy of the registration form to the department and, if the person resides on the campus of a public or private institution of higher education, to any authority for campus security for that institution.
(f) Not later than the seventh day after the date on which the person is released, a person for whom registration is completed under this chapter shall report to the applicable local law enforcement authority to verify the information in the registration form received by the authority under this chapter. The authority shall require the person to produce proof of the person’s identity and residence before the authority gives the registration form to the person for verification. If the information in the registration form is complete and accurate, the person shall verify registration by signing the form. If the information is not complete or not accurate, the person shall make any necessary additions or corrections before signing the form.
(g) A person who is required to register or verify registration under this chapter shall ensure that the person’s registration form is complete and accurate with respect to each item of information required by the form in accordance with Subsection (c).
(h) If a person subject to registration under this chapter does not move to an intended residence by the end of the seventh day after the date on which the person is released or the date on which the person leaves a previous residence, the person shall:
(1) report to the juvenile probation officer, community supervision and corrections department officer, or parole officer supervising the person by not later than the seventh day after the date on which the person is released or the date on which the person leaves a previous residence, as applicable, and provide the officer with the address of the person’s temporary residence; and
(2) continue to report to the person’s supervising officer not less than weekly during any period of time in which the person has not moved to an intended residence and provide the officer with the address of the person’s temporary residence.
(i) If the other state has a registration requirement for sex offenders, a person who has a reportable conviction or adjudication, who resides in this state, and who is employed, carries on a vocation, or is a student in another state shall, not later than the 10th day after the date on which the person begins to work or attend school in the other state, register with the law enforcement authority that is identified by the department as the authority designated by that state to receive registration information. If the person is employed, carries on a vocation, or is a student at a public or private institution of higher education in the other state and if an authority for campus security exists at the institution, the person shall also register with that authority not later than the 10th day after the date on which the person begins to work or attend school.
(j) If a person subject to registration under this chapter is released from a penal institution without being released to parole or placed on any other form of supervision and the person does not move to the address indicated on the registration form as the person’s intended residence or does not indicate an address on the registration form, the person shall, not later than the seventh day after the date on which the person is released:
(1) report in person to the local law enforcement authority for the municipality or county, as applicable, in which the person is residing and provide that authority with the address at which the person is residing or, if the person’s residence does not have a physical address, a detailed description of the geographical location of the person’s residence; and
(2) until the person indicates the person’s current address as the person’s intended residence on the registration form or otherwise complies with the requirements of Article 62.055, as appropriate, continue to report, in the manner required by Subdivision (1), to that authority not less than once in each succeeding 30-day period and provide that authority with the address at which the person is residing or, if applicable, a detailed description of the geographical location of the person’s residence.
(k) A person required to register under this chapter may not refuse or otherwise fail to provide any information required for the accurate completion of the registration form.
Art. 62.052. REGISTRATION: EXTRAJURISDICTIONAL REGISTRANTS. (a) An extrajurisdictional registrant is required to comply with the annual verification requirements of Article 62.058 in the same manner as a person who is required to verify registration on the basis of a reportable conviction or adjudication.
(b) The duty to register for an extrajurisdictional registrant expires on the date the person’s duty to register would expire under the laws of the other state or foreign country had the person remained in that state or foreign country, under federal law, or under the Uniform Code of Military Justice, as applicable.
(c) The department may negotiate and enter into a reciprocal registration agreement with any other state to prevent residents of this state and residents of the other state from frustrating the public purpose of the registration of sex offenders by moving from one state to the other.
Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 1.01, eff. September 1, 2005.
Art. 62.053. PRERELEASE NOTIFICATION. (a) Before a person who will be subject to registration under this chapter is due to be released from a penal institution, the Texas Department of Criminal Justice or the Texas Juvenile Justice Department shall determine the person’s level of risk to the community using the sex offender screening tool developed or selected under Article 62.007 and assign to the person a numeric risk level of one, two, or three. Before releasing the person, an official of the penal institution shall:
(1) inform the person that:
(A) not later than the later of the seventh day after the date on which the person is released or after the date on which the person moves from a previous residence to a new residence in this state or not later than the first date the applicable local law enforcement authority by policy allows the person to register or verify registration, the person must register or verify registration with the local law enforcement authority in the municipality or county in which the person intends to reside;
(B) not later than the seventh day after the date on which the person is released or the date on which the person moves from a previous residence to a new residence in this state, the person must, if the person has not moved to an intended residence, report to the applicable entity or entities as required by Article 62.051(h) or (j) or 62.055(e);
(C) not later than the seventh day before the date on which the person moves to a new residence in this state or another state, the person must report in person to the local law enforcement authority designated as the person’s primary registration authority by the department and to the juvenile probation officer, community supervision and corrections department officer, or parole officer supervising the person;
(D) not later than the 10th day after the date on which the person arrives in another state in which the person intends to reside, the person must register with the law enforcement agency that is identified by the department as the agency designated by that state to receive registration information, if the other state has a registration requirement for sex offenders;
(E) not later than the 30th day after the date on which the person is released, the person must apply to the department in person for the issuance of an original or renewal driver’s license or personal identification certificate and a failure to apply to the department as required by this paragraph results in the automatic revocation of any driver’s license or personal identification certificate issued by the department to the person;
(F) the person must notify appropriate entities of any change in status as described by Article 62.057;
(G) certain types of employment are prohibited under Article 62.063 for a person with a reportable conviction or adjudication for a sexually violent offense involving a victim younger than 14 years of age and occurring on or after September 1, 2013;
(H) certain locations of residence are prohibited under Article 62.064 for a person with a reportable conviction or adjudication for an offense occurring on or after September 1, 2017, except as otherwise provided by that article; and
(I) if the person enters the premises of a school as described by Article 62.065 and is subject to the requirements of that article, the person must immediately notify the administrative office of the school of the person’s presence and the person’s registration status under this chapter;
(2) require the person to sign a written statement that the person was informed of the person’s duties as described by Subdivision (1) or Subsection (g) or, if the person refuses to sign the statement, certify that the person was so informed;
(3) obtain the address or, if applicable, a detailed description of each geographical location where the person expects to reside on the person’s release and other registration information, including a photograph and complete set of fingerprints; and
(4) complete the registration form for the person.
(b) On the seventh day before the date on which a person who will be subject to registration under this chapter is due to be released from a penal institution, or on receipt of notice by a penal institution that a person who will be subject to registration under this chapter is due to be released in less than seven days, an official of the penal institution shall send the person’s completed registration form and numeric risk level to the department and to:
(1) the applicable local law enforcement authority in the municipality or county in which the person expects to reside, if the person expects to reside in this state; or
(2) the law enforcement agency that is identified by the department as the agency designated by another state to receive registration information, if the person expects to reside in that other state and that other state has a registration requirement for sex offenders.
(c) If a person who is subject to registration under this chapter receives an order deferring adjudication, placing the person on community supervision or juvenile probation, or imposing only a fine, the court pronouncing the order or sentence shall make a determination of the person’s numeric risk level using the sex offender screening tool developed or selected under Article 62.007, assign to the person a numeric risk level of one, two, or three, and ensure that the prerelease notification and registration requirements specified in this article are conducted on the day of entering the order or sentencing. If a community supervision and corrections department representative is available in court at the time a court pronounces a sentence of deferred adjudication or community supervision, the representative shall immediately obtain the person’s numeric risk level from the court and conduct the prerelease notification and registration requirements specified in this article. In any other case in which the court pronounces a sentence under this subsection, the court shall designate another appropriate individual to obtain the person’s numeric risk level from the court and conduct the prerelease notification and registration requirements specified in this article.
(d) If a person who has a reportable conviction described by Article 62.001(5)(H) or (I) is placed under the supervision of the parole division of the Texas Department of Criminal Justice or a community supervision and corrections department under Section 510.017, Government Code, the division or community supervision and corrections department shall conduct the prerelease notification and registration requirements specified in this article on the date the person is placed under the supervision of the division or community supervision and corrections department. If a person who has a reportable adjudication of delinquent conduct described by Article 62.001(5)(H) or (I) is, as permitted by Section 60.002, Family Code, placed under the supervision of the Texas Youth Commission, a public or private vendor operating under contract with the Texas Youth Commission, a local juvenile probation department, or a juvenile secure pre-adjudication or post-adjudication facility, the commission, vendor, probation department, or facility shall conduct the prerelease notification and registration requirements specified in this article on the date the person is placed under the supervision of the commission, vendor, probation department, or facility.
(e) Not later than the eighth day after receiving a registration form under Subsection (b), (c), or (d), the local law enforcement authority shall verify the age of the victim, the basis on which the person is subject to registration under this chapter, and the person’s numeric risk level. The local law enforcement authority shall immediately provide notice to the superintendent of the public school district and to the administrator of any private primary or secondary school located in the public school district in which the person subject to registration intends to reside by mail to the office of the superintendent or administrator, as appropriate, in accordance with Article 62.054. On receipt of a notice under this subsection, the superintendent shall release the information contained in the notice to appropriate school district personnel, including peace officers and security personnel, principals, nurses, and counselors.
(f) The local law enforcement authority shall include in the notice to the superintendent of the public school district and to the administrator of any private primary or secondary school located in the public school district any information the authority determines is necessary to protect the public, except:
(1) the person’s social security number or driver’s license number, or any home, work, or cellular telephone number of the person; and
(2) any information that would identify the victim of the offense for which the person is subject to registration.
(g) Before a person who will be subject to registration under this chapter is due to be released from a penal institution in this state, an official of the penal institution shall inform the person that:
(1) if the person intends to reside in another state and to work or attend school in this state, the person must, not later than the later of the seventh day after the date on which the person begins to work or attend school or the first date the applicable local law enforcement authority by policy allows the person to register or verify registration, register or verify registration with the local law enforcement authority in the municipality or county in which the person intends to work or attend school;
(2) if the person intends to reside in this state and to work or attend school in another state and if the other state has a registration requirement for sex offenders, the person must:
(A) not later than the 10th day after the date on which the person begins to work or attend school in the other state, register with the law enforcement authority that is identified by the department as the authority designated by that state to receive registration information; and
(B) if the person intends to be employed, carry on a vocation, or be a student at a public or private institution of higher education in the other state and if an authority for campus security exists at the institution, register with that authority not later than the 10th day after the date on which the person begins to work or attend school; and
(3) regardless of the state in which the person intends to reside, if the person intends to be employed, carry on a vocation, or be a student at a public or private institution of higher education in this state, the person must:
(A) not later than the later of the seventh day after the date on which the person begins to work or attend school or the first date the applicable authority by policy allows the person to register, register with:
(i) the authority for campus security for that institution; or
(ii) except as provided by Article 62.153(e), if an authority for campus security for that institution does not exist, the local law enforcement authority of:
(a) the municipality in which the institution is located; or
(b) the county in which the institution is located, if the institution is not located in a municipality; and
(B) not later than the seventh day after the date the person stops working or attending school, notify the appropriate authority for campus security or local law enforcement authority of the termination of the person’s status as a worker or student.
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