NJ Failure to Register as a Sex Offender

Failure to Register as a Sex Offender: Consequences and Defense Strategies

If you’re a convicted sex offender, you know that registration with local law enforcement is required in all 50 states. But what happens if you fail to properly register or keep your info updated? In this article, we’ll cover the crime of failure to register, penalties you may face, and potential legal defenses to fight the charges.

The Federal Failure to Register Crime

At the federal level, failure to register as a sex offender is a crime under 18 U.S.C. §2250. This law makes it a felony if you:

• Are required to register as a sex offender under the SORNA guidelines
• Travel between states or internationally
• Knowingly fail to register or update your registration as required

Penalties if convicted include fines and up to 10 years in federal prison. Harsher sentences up to 30 years can apply if you commit other federal crimes while unregistered.

State Laws on Failure to Register

States also have their own laws prohibiting failure to register as a sex offender. For example, in Texas the crime falls under Chapter 62 of the Criminal Code. It is a felony offense punishable by:

• State Jail Felony: 6 months to 2 years in state jail
• 3rd Degree Felony: 2 to 10 years in prison
• 2nd Degree Felony: 2 to 20 years in prison

The specific penalty depends on the severity of your original sex offense. But all states take registration violations very seriously and prosecute them aggressively.

Common Reasons People Fail to Register

There are a variety of reasons someone may end up facing failure to register charges. Some examples include:

• Moving to a new address and not updating registration
• Taking an out-of-state trip and not registering in that state
• Missing the annual in-person verification deadline
• Providing inaccurate or incomplete registration information
• Failing to update vehicle, employment, or student information

Often it may be an honest mistake or oversight. But prosecutors typically don’t care – they pursue failure to register cases vigorously.

Building a Strong Defense Against Failure to Register Charges

While failure to register seems like a strict liability offense, potential defenses exist that an experienced lawyer may be able to raise on your behalf:

• You lacked proper notice of the registration requirements
• False registration information was provided by someone else without your knowledge
• Mistake of law – you sincerely misunderstood the registration laws
• Medical issues – illness, disability, or hospitalization prevented compliance
• Lack of jurisdiction – the state has no authority to charge you under SORNA

An effective defense requires digging into the specifics of your case and finding holes to exploit. For example, showing the police never properly informed you of registration duties upon release from custody.

Why Hiring an Attorney is Crucial

Attempting to defend yourself against failure to register charges is extremely risky. These cases often come down to complex legal arguments that only an experienced sex crimes attorney will recognize how to pursue. Specifically, a lawyer can help by:

• Conducting an in-depth investigation of your case
• Identifying possible defenses based on procedural flaws or exemptions
• Filing motions to suppress damaging evidence gathered illegally
• Negotiating with prosecutors to get charges reduced or dismissed
• Presenting persuasive defenses at trial highlighting reasonable doubt

Navigating the complex web of federal and state registration laws on your own is nearly impossible. Before making any statements to police about alleged registration violations, be sure to consult an attorney. An experienced lawyer can often get charges dropped or prevent conviction and harsh penalties.

Our Attorneys Can Help Fight Your Failure to Register Charges

Dealing with the justice system is scary, but you don’t have to go it alone. Our team of dedicated defense lawyers has helped hundreds of clients facing failure to register allegations. We know how to effectively challenge these charges and protect your rights.

Don’t leave your future in the hands of prosecutors and judges without experienced legal counsel by your side. Contact our firm today to schedule a free case evaluation. Let our attorneys help keep you out of prison and safely back home where you belong.