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Plea Bargain Involving Sex Offender Registration

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  • 06-26-2007, 05:55 PM
    Concerned123
    Plea Bargain Involving Sex Offender Registration
    I have a friend who has been accused of rape in North Carolina, while attending school. This happen about 6 months ago - he was questioned about 5 days afterwards, then he left the college about 3 weeks afterwards and heard nothing about issue for months. His lawyer stated no charges had been filed and he did not think they would. He was recently contact about 3 weeks ago via his lawyer who was approached by the DA. The DA has offered a plea bargin of misdemeanor with registation as a sex offender. My question is if he takes it to avoid court and possible felony charges how does that affect his life. He is currently in college, what are his restrictions on applying for jobs, can he join the miltary etc. Can he be kicked out of school? How does it affect him if he later on in life moved to a different state and such. Can you expunge a charge like that later on in life. Let's say 10 or 15 years with nothing happening or is it forever.
  • 06-27-2007, 07:09 AM
    aaron
    Re: Plea Bargain Involving Sex Offender Registration
    A lot of information on sex offender registration in North Carolina, and the registry itself, can be found here. More technical details can be found in this document (PDF), which indicates that his period of registration would be at least ten years, although there is a possibility of earlier relief through the sentencing court.
    Quote:

    Quoting Length of Registration
    An individual that is classified as a “Recidivist”, a “Sexually Violent Predator” or an “Aggravated Offender” is required to maintain registration for life. All other offenders shall maintain a period of registration for at least ten (10) years following the date of initial registration.

    An registered offender who is not classified as a “Recidivist”, a “Sexually Violent Predator”, or an “Aggravated Offender” may petition the superior court in the district where the offender resides to terminate the registration requirement ten (10) years from the date of initial county registration, if the offender has not been convicted or a subsequent offense requiring registration.

    The court may grant relief and order the offender off the registry if:
    1. The offender can show he or she has not been arrested for any crime that would require registration,

    2. The requested relief complies with the provisions of the federal Jacob Wetterling Act, as amended, and any other federal standards applicable to the terminationof a registration requirement or required to be met as
    a condition for the receipt of federal funds by the State, and

    3. The court is otherwise satisfied that the petitioner is not a current or potential threat to public safety.
    Additionally, the district attorney in the district in which the petition is filed shall be given notice of the petition at least three weeks before the hearing on the matter. The petitioner may present evidence in support of the petition and the district attorney may present evidence in opposition to the requested relief or may otherwise demonstrate the reason why the petition should be denied.

    If the court denies the petition, the person may again petition the court for relief one year from the date of the denial of the original petition to terminate the registration requirement, the clerk of court shall forward a certified copy of the order to the Division to have the person’s name removed from the registry.

    That document also details restrictions on places of residence and employment.
  • 06-30-2007, 04:42 PM
    nite_riderusa
    Re: Plea Bargain Involving Sex Offender Registration
    All the things you have mentioned will be affected by his having to register. A lot of jobs do not and cannot allow sex offenders to be employed. Like jobs that entail contact with the public. Also It will be very difficult for him to get housing. The law states that it can't be used against him but we all know how people think and react. If he is innocent of these charges, and it were me, I would certainly not want to register as a sex offender if I wasn't guilty. Life is a thousand times harder to live as a registered sex offender than as a law abiding citizen. On the other hand if he is guilty, it may be his best option. A misdemeanor rather than a felony.
  • 07-02-2007, 02:26 PM
    xavierjustice
    Re: Plea Bargain Involving Sex Offender Registration
    Absolutely do not accept a plea bargain of any kind. I was tricked 8 years ago into something similar! His life will never be the same. He needs to be aggressive in squashing false allegations.

    1. Consider filing a defamation case against the false accuser.
    2. Get a polygraph done. Get a psyche eval done.
    3. Get and keep your media conversations going. If he is innocent, then make everything public. Talk to everybody who will listen.

    Let me know if you need help.
  • 07-26-2007, 11:17 PM
    Another Demise
    Re: Plea Bargain Involving Sex Offender Registration
    this is kinda like an alford plea.I wonder if the site would list that you are here simply because you conceded to legal defeat? If the case never strarted cant you wait out a statute of limitations?

    eitherway its NO good to be on those list no matter what, it will be used to prosecute you non stop, you want get good jobs, stipulations want prevent your blockings from that job. Hell if I were guilty I'd fight to stay off that list..
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