Legal Update – What’s going on with the Ex-Post-Facto Suit?
Earlier this year, thanks to the contributions of many of our members, we hit our fundraising goal to initiate a lawsuit challenging the constitutionality of the sex offender registration requirements on ex-post-facto grounds.
Many have reached out to FAC or posted comments asking about the status of this ex-post-facto suit, so we wanted to provide a quick update in order to keep everyone in the loop and assure our members that things are still moving forward.
A lawsuit of this magnitude requires a lot of planning and research before it can be filed. We first need to identify and research the strongest issues, find the right plaintiffs and retain the best experts before a case can even be filed. The process easily takes months.
Deciding which claims to set forth requires an analysis of how the laws in Florida are similar to (or different from) the laws in other states that have been successful (or unsuccessful) in similar claims. Finding the right plaintiffs is not just a matter of picking people who want to be plaintiffs, but those who will present well and be articulate, can be available for hearings or depositions, are willing to be named in case they can’t proceed anonymously. This not only involves an evaluation of these individuals’ representations, but examining their underlying case. Similar evaluations have to go into experts before they are retained.
While all this is going on, cases in other jurisdictions impact the timing of our case. In December 2016, a petition for Writ of Certiorari was filed in Doe v. Snyder (the 6th Circuit case finding the registry punishment and a violation of ex post facto) and the Supreme Court of the United States has still not decided whether it will be heard. If it’s heard, some of the issues we could bring in our case would be redundant – because the same issues might be decided by a court that would have superior authority. With so many potential points to challenge, we need to ensure our resources are not misspent.
As much as time does not feel like it’s on our side as we are being punished, when it comes to the courts and these issues, it seems time is on our side, as many of the recent cases have provided relief and useful precedent.
Please be assured that things are moving in the background. Much of what is going on is the important stuff – preparation and planning. Much of what is going on also can’t be disclosed publicly so as not to prepare the opposition.
what are you looking for in this i was arrested in 98 and sentenced in 99 between 98 and 99 after arrest and before sentencing, some laws were changed and i was under the old laws in effect at time of arrest. things are 1000000 x different now
submit a case consideration if you have not already
How do you file for Case consideration? I was convicted in 95 before implementation of most registry laws but have since fallen victim to new restrictions and went to prison for 29 months. I was never originally required to register as a sexual offender but because I was still on probation when the law enacted I had to register and was told that it was for 10yrs, then 20yrs and now life. I need advice and help.
There is a link at the top of our page.
Husband Convicted in 93 on probation for 9 years,during that time the new laws and registry occurred and was applied to me post del facto. Non reoffender almost 25 years later now..recently on probabtion for failing to report 1 internet identifier..what is name of link for consideration..was told recentlyto ask fdle for status review…is that same thing?
same here , i was arrested in 1993 , lawyer keeped postponing my case because he wanted money, finally after 2 1/2 years in the local jail they convicted me, now i have to register for life. this happened in Va so moved to Florida for new start with wife and kids – no just was rearrested and presently waiting trial for failure to register with DMV , READY FOR THIS? Its for a sailboat weve owned for 11 years and up to 2010 it was listed on their registry , magically now its not (no fault of ours we never told them anything different and we currently still own it) but now im facing 5 yrs imprisionment my Va Pension will be taken after 60 days if incarcerated, which means my wife and kids will be put out on the streets because wont be able to pay mortgage. we will loose everything. im so glad for this organization i hope and pray things/laws change.
You should speak with your attorney.
If it was on – you never removed it – and it “fell off”. That sounds like something you might want to discuss with him/her.
I’m sure if you were charged for a FTR, you at minimum have a PD.
p.s. – i served another 5 yrs after convicted making total yrs 7 1/2 yrs incarcerated. i do not have even so mush as a speeding ticket. but Florida even now as im typing this has me on a GPS monitor at 85.00 dollars a week. they claim im a flight risk and when asked why they cant give a answer- im from NY but shoot that’s half of Florida.
I currently have a case being considered by my original sentencing court. Took plea in 1992 still under court’s jurisdiction in 1997 due to VOP. Would be happy to share copy of brief if anything in it might be helpful? Thanks to all at FAC trying to make floriduh (non-caps and misspelling intended) obey its own Constitution.
How dose a judge sentence you to a sex crime in 1995 .Now at the sentence the judge don’t say anything on the paper work about your going to be known as a sexual predator in your sentencing.Then how dose in 2002- 7 years later the lawyer you had send you a letter saying he signed a paper that you was a sexual predator . What i would like to know can that be done. My son has a hard time getting a job or going to school to better his self with a better job .He gets slapped down every time.
What is a “case consideration?”
Fill out this form: https://floridaactioncommittee.org/case-consideration/
You are in the same boat that I am. Arrested in January of 1999 and convicted in June of 2000. The bad news is that I think that the law actually changed in ’97. IIRC, that when they added all of those special conditions of probation like the residency restrictions, driving logs, curfew, etc. . I believe that is also when most, if not all “sexual misdemeanors” left on the books were converted into third degree felonies, like possession of illegal images with no intent to distribute.
Fantastic News!!
Thank you for the update and I am personally excited about this and the HUGE positive potential of this action. I am thrilled that the financial goal was met (I did what I could do) and glad to see the forward movement!
We will overcome this injustice and never give up the FIGHT!
Lee
FAC is absolutely correct in taking the time necessary to complete their due diligence, and to file a suit that’s not trying to shoot for the moon, but rather strike hard on a specific target that can have a very good chance of winning. We wouldn’t launch a manned spaceship to Mars unless we were very confident that the crew would stay alive, even after they landed. I worked with lawyers on many appeals relative to Medicare cost reimbursement, and the amount of research required prior to filing an appeal was nearly overwhelming.
One difference between Florida and smoother states is that a large number of the e post facto applications of the residency restrictions are being done by counties and municipalities, not by the state. The state has specifically said that they cannot or at least will not apply those restrictions to a person convicted before the residency restrictions were moved from the criminal procedure code to the reoffender statutes circa 2004-2005 when residency restrictions essentially became a life sentence. Miami-Dade appears be a prime example of this. As best as I can tell, two of the plaintiffs in that case were convicted long before2004 or 2005 when original Miami-Dade ordinance went into effect.
Sorry, but that is incorrect. The State has said no such thing. The State is the main violator of the ex-post-facto clause of the U.S. Constitution. Every time an additional restriction, rule or a longer registration requirement is heaped on any defendant POST sentencing, that is against the law. This has affected every single one of us in many ways. The only reason why they’ve been able to get away with this for so long is that the laws are considered “civil” laws on the books, not penal. So legally it’s not punishment and is technically allowed to be enforced retroactively. This case will force Florida lawmakers to deem them penal and therefore we all will able to live our lives according to the law as it was on the books at Sentencing – which will be different for all of us, obviously. This trend of counties and municipalities doing such things is one of many reasons why this case must be brought, otherwise we’d have to sue each county or city, that is if they don’t have us all banished to Antarctica -which seems totally plausible at this point . They enact these ridiculous ordinances at the blessing of the State. Cities and towns are not independent governing bodies. They can enact harsher laws, but not more lenient laws. Our winning case (it’s Constitutional Law 101/ encroaches upon a pillar of the American Justice system (can’t punish after the fact) and just defies plain ole, common sense. Also several states have been hugely successful already) our winning case will be a huge, wide sweeping piece of legislation that says to all Florida counties and State entities: No more retroactive laws or ordinances allowed for any sex offender in the State of Florida and to those laws which have been enforced retroactively they are now null and void. A good, good day that will be for the majority of us, at least.
Please note that I was referring to the post 2005 RESIDENCY restrictions, which, have NOT been applied ex post facto the STATE to anyone convicted prior to 2004 who was subject to them by way of special condition of probation.
I have a hypothetical question here. Lets say, I complete my 10 probationary period, and complete my 10 year registration period. ( I live in Louisiana ) On 10th year and 1 day, I move to Florida. Would I have to register in that state because they require a longer registration time?
Not that I plan on doing this.
yes
Yes you will !! Even if your no longer on ANY Registery, Say you’ve already been removed from the Registery there where you are, Then move (or even visit) To Florida, You WILL HAVE TO REGISTER FOR LIFE !! And once you add your name to the Florida Registery, You’ll be on it FOREVER, Even if you move away, Or leave from your visit !!. . Most States are like this (right now), Because it makes “The Danger” look bad and Serious !!. But if ( and hopefully when) All the States romove all the names of Dead and no longer living in their state, You’ll (the public) see that there isn’t as many EX-Offenders as there is made out to be !.
Lets not forget Carol for tireless effort in the fundraising effort in this ex post FACto challenge.THANK YOU CAROL……!!!
AT THIS MOMENT. MY SON IS INCARCERATED IN TEXAS DUE TO NOT HAVING AN ADDRESS. THIS IS HIS SECOND TIME IN TWO MONTHS BEING ARRESTED. HIS RIGHTS ARE VIOLATED. THE SEX OFFENDER OFFICER STATED HE COULD NOT REGISTER AS A HOMELESS SEX OFFENDER. WE DEFINITELY NEED A CIVIL ADVOCANT TO REPRESENT HIM. SAD IN TEXAS.
Reach out to Texas Voices (http://texasvoices.org/contact/) they are our counterpart in Texas.
I live in Austin and know for fact that there are many homeless people on the registry. They must provide the cops with an intersection or bridge or whatever specific landmark that is close to where they sleep. They are also required to report every two weeks, rather than every 6 months or annually.
I currently live in Houston TX and have spoken to a man on the registry who is homeless and has been registered Homeless for 1 and half years – He informed me that as long as he reports on his appointment day and gives officers a close by intersection wherever he is sleeping at night he is not questioned. It took me 3 months to find a place to live with an address of my own – renting.
MY SON CAN’T FIND WORK. MOST SEX OFFENDERS CAN’T BE PRODUCTIVE DUE TO THE HORRIBLE CHARGES. IT IS SO INHUMANE FOR SUCH LABEL.
I worked at Walmart and was left go after my case, which is involved. The strange thing is I couldn’t find work but I have 2 Minor children 1 boy and 1 girl that I am raising alone. My wife had died a year previously. Something needs to change.
Same with my son .I agree with you it’s not right that they have to be marked the rest of there life. They did there time it should be left at that . I don’t understand why it’s just sex offenders that gets a label. I would like to know if murderers, drug houses thieves are around me . They all are crimes if you are going to label one label them all . Put labels on every ones licenses that has been to courts and put in jails over and over for the same thing .
Sentenced to 5 yrs probation and 20 yrs of registration in Jan of 98, I didn’t have any residents restrictions at the time, but I do now I had already completed my probation when it became lifetime registration.
How do you have STATE residency restrictions? Florida did not attempt impose them on people convicted prior to 2004 unless you were still under sanctions and were violated after that date. That SHOULD be one of the arguments in the Miami-Dade case. That is also why counties like Hillsborough did not pass their now residency restrictions, although now that our old brain damaged buddy Victor Crist is on the County Commission, that has been brought up again recently. My recollection was that the 2004 state law only allowed the local ENHANCEMENT of the exclusion zone for those already subject to the 1000 foot state rule. It would appear that when they superseded the local city regulations, M-D County went back and applied their new 2010 ordinance to EVERYONE countywide who was not already in their home after 2005. Do I have that wrong?
You have it wrong.
The county ordinances were never preempted by state law.
The state has theirs, counties have theirs, cities have theirs and communities (homeowner associations) even have their own.
Perhaps I am wrong, but that is my recollection. As for superceding, the Miami-Dade ordinance specifically superseded all city laws within the country. The City of Miami Beach whined about that. This is in addition to the argument that ANY residency restrictions imposed on people who were sentenced in Florida the pre 2004 law would be improper unless they had been violated after 2004 and essentially “re sentenced”
oh, and deed for restrictions imposed by an HOA are different that laws passed by government entities.
Sounds like a case where everybody is in charge and no body is in charge. I live in Brevard County where laws and ordinances are coming at us from every direction. Compliance with one could mean violation of another. This is total craziness but what else could one expect when a bunch of political operatives get together trying to put fear into the public to garner votes…while at the same time making no one any safer and some less safe.
Daniel Mclean Vs. State of Florida
Appeal was Overturned but Co-Defendant who’s Brother David Rancourt
Govenor Jeb Bush’s assistant Chief of Staff hired his brother a powerful legal Team. Long Story short his initial appeal was denied until mine was overturned. I testified on his behalf and he won his case . I ple bargain before his second trial and was designated as a Sex offender with out notice or any evidence. Details can be explained to better understand.
That’s the same thing with my son they put as a predator 6 years while he was still in prison. They just sent him a letter one day and told him. I’m like everyone else if this was a different group they was doing this to it wouldn’t hold up in court .They would have the world on there side.
I won a appeals case with the same issue because they designated when I was away and had no notification nor the chance to appear. It violated the most basic due process. It might be a short term fix as they just might vacate and re designate you once you appear. The key is to attack the root of the problem. I was fortunate enough to have caused enough issues to be resentenced with a lower yet still bogus charge. The details of your case and what actions you take can make a big difference in the options you have. My advice is take every action you can as it just might set all your pieces in the needed way.
I took a plea in 1997. The judge told me do my probation and I could get it expunged. I did my probation but while on my 3 yr probation they change the laws. They keep changing the laws and the time I have to register keeps increasing. I have taken a pyso sexual evaluation so my girlfriend can live with me with her kids. I am zero threat but yet here I am 20 year later still having to register when there wasn’t even a registry when I took the plea. Seems like double jeopardy to me. If I was in jail for the max sentence for robbing a bank and say it was 5 years. Four years in they can’t come say we changed the max sentence to 10 years and now you have to do 5 more years but for some reason it’s ok with a sex offender.
You are totally correct. It IS double jeopardy. It IS unfair and it IS a breach of contract. We are being manipulated and abused again and again but since we are seen as less than human we don’t seem to have the same constitutional rights afforded to others.
If they did these abuses to any other groups…say, blacks, Jews, Muslims, or gays everyone would be falling over each other to “protect” those groups from the obvious abusive punishments imposed on that group but not for the untouchables they have made us.
Should you be pissed – YES
We all should be. Everyone should be. This must stop. What will it take?
YES !! I agree with you totally.
YOU ASKED WHAT WILL IT TAKES TO STOP THIS NONSENSE. MY ANSWER. WHEN SOMETHING HAPPENS TO ONE OF THE LAWMAKERS KIDS. THEY WILL ABOLISH THE REGISTRA. UNTIL THEN. IT WILL TAKE GOD TO STOP THIS TYPE OF PUNISHMENT. GOD CAN USE ANYONE TO DO HIS WORK. ALL OF THIS NONSENSE WILL LEAVE. GOD HIS HIS OWN TIMING. STAY IN FAITH!
Just out of curiosity, has anyone looked into the Legislative debate, checked for any opinions letters from the AG or other government counsel or even better, asked any of the people involved with the passage of the 2004 state law why the didn’t retroactively apply the post sanctions 1000 foot rule to people convicted before that 2004-2005 date? We pretty much know the answer, but I would think that would have the potential to be helpful. Remember that Chain Gang Charlie was the AG at the time, but now he is a born again liberal Democrat Congresscritter. 😉
“While civil law cases involve disputes between individuals or entities in which the parties seek a resolution to a contractual or other civil issue, criminal law cases involve the prosecution of an individual for a criminal act. In a civil case, the lawsuit is brought by an individual or entity seeking monetary or other remuneration from another individual or entity. A criminal law case is initiated by a prosecutor. An individual or entity found legally accountable in a civil lawsuit may be ordered to pay money, give up property, or perform certain contractual obligations, but are not subject to imprisonment. A person convicted of a criminal offense, however, may be ordered to pay a fine, and may be incarcerated.” (legaldictionary.com) Notice it says civil judgements are NOT SUBJECT TO IMPRISONMENT. So how can law enforcement and the courts and the Government say if we do not abide by SORNA (civil), we will go to prison (criminal)? Their statements contradict each other.
Great question. The way in which the weasel word-smiths have gotten around this (if you can believe any so-called court bought it) is to say, offenders are not being punished for a civil infraction resulting from laws civil in nature; rather, non-compliance with this particular civil mandate is a brand-new violation of existing criminal statutes, ergo considered a criminal offense.
It is a criminal act to not adhere to the registration requirements; however, the registration is a civil instrument not a criminal one.
Here are the differences between the two:
“To put it simply, civil law deals with disputes between one entity and another. The guidelines for these disputes are outlined in official documents like the Business and Professions Code, the Health and Safety Code and other governmental rules and regulations. The cause of action in these cases can be initiated by private as well as public parties.”
“Criminal law, on the other hand, deals with an individual’s offenses against the state or federal government. It may sound literal—like someone assaulting a government official—but an offense against the state essentially means breaking a criminal law established by government.”
So here (in my humble opinion) is an example of what the government has been scamming us with for decades:
It was determined that OJ Simpson was liable from a civil standpoint in deaths of two people. He didn’t face incarceration, because because he won his criminal case, yet the slaughter of two people was deemed a civil matter for which he was responsible, so he had to pay a fine (Moved to floriduh ironically) to avoid paying the families of the victims a damn thing.
So according to our geniuses in government, one can butcher two human-beings; be found liable in a civil matter involving a double-murder, yet face no jail time. But God help anyone if they are found liable in not adhering to a merely civil mandate like the registry. Such non-compliance to a civil instrument is in itself a criminal act. How’s that for some un-constitutional hocus-pocus?
I have never understood how a Civil law can have a criminal punishment and not be considered criminal punishment. it’s the elephant in the room that every lawmaker knows and ignores.
Do we have a update on this? Will it happen this year.
Yes – Spring 2018.
So in the next 3 months?
Does this suit challenge the ability of floriduh to require folks to register whose offenses occurred prior to the passage of the registry laws? What if an individual was under the jurisdiction of the court at the time the registry laws were passed?
Is the bottom line in this challenge to remove people from the registry whose offenses pre-date its existence? Thanks for any info.
and remove sanctions passed after offense date.
If the registry existed but the requirement of residency restrictions didn’t, it would not apply.
Thanks so much for the response, and for all FAC is and has done on behalf of the Constitutional rights of all. God’s speed.
Do we have an update on the expost facto challenge yet?
Will update shortly
Will the update be on here ?
Will this help my son who was put in prison in 1996 ?Then in 2002 the lawyer he had sent a letter to have him put as a predator .The judge at the time didn’t tell him he would be put as a predator.His case had nothing to do with children . Mable i missed understood the meaning of predator ,i thought it was to do with children only.
You are asking for a legal opinion on your son’s specific case. We are not lawyers, don’t know your son’s case and cannot provide an answer to your question.
It will be on our site. continue to monitor the main page.
Umm…We are now in Summer 2018
Happy 4th of July in the Land of the “Free”!
I was convicted in 1999 of an offense involving consensual sexual activity that occurred in August 1997 involving my 16 (within a few days of turning 17) year-old cousin. I was 25 at the time of the offense; had I been a little more than a year younger, the conduct would not have been illegal under what was then a new law, F.S. 794.05(1).
I pled guilty to the charges with the clear understanding that, as the law was written at the time, I would be required to register as sex offender for 10 years from the end of my probation. The assistant state attorney actually mentioned this to the (then 19 year-old) victim’s mother in open court during my sentencing hearing. If the law in effect at the time of my offense were still in force — or if the current version of the law is ever struck down on ex post facto grounds — my “duty” to register would have expired (or hopefully will expire with a successful ex post facto challenge) on December 16, 2020.
I am now 46 years old, have a successful career, own a home and am a law-abiding citizen. Since my probation ended in 2010, I have had one traffic ticket for failing to yield the right of way and one parking ticket for an expired meter. I’d hazard a guess that this is better than the driving record of the average South Floridian.
Yet every year, with each new Florida legislative session, I am punished anew for nonviolent, consensual conduct from more than 20 years ago that is not even illegal in the majority of states. Assuming that the current law does not change or is not struck down, I will be eligible to petition the court for removal of the requirement to register as a sex offender in December 2035, when I will be 64 years old, or almost 40 years after the underlying offense.
RM – don’t count on or wait for 2035. We have an Ex Post Facto challenge coming.
I would just like to say, no matter what the outcome of the expost facto challenge is Thank you to everyone at F. A. C. for everything you do.
I second that
AMEN!
yes, you guys are awesome !
I was tried and convicted in Norfolk Va, would this apply to me as well , or just those sentences in Florida?
People living in FL
I was convicted in Virginia Beach. I expect that the outcome of the ex post facto challenge will be based on date of conviction and not the location. This is my opinion and not a legal opinion.
My probation for a sex offense was to end on 5 August 2010. In 2009 I was given 20 years of additional probation for the ‘criminal act’ of saying “Good Morning” on a public sidewalk in my neighborhood in broad daylight to my neighbor’s son with both his and his parents approval; but not to the approval of a neighborhood ‘paranoid’ or to the ‘hang em high’ probation ‘paranoids’. Many of the restrictions in place today for sex offenses were not in place in 2009 yet ‘my good morning’ puts me under the ‘umbrella’ of these new restrictions…ex post facto? By the way, the victim of my sex offenses and I made up years ago…but Florida still ‘feels offended’.
Man that’s horrible! =( I’m here in Virginia and my federal judge just let me off probation a few months early, so I can now actually enjoy a summer with my family. We were blessed! Also a Navy vet currently taking advantage of my GI Bill, lord knows that monthly payment helps us out. Hope you don’t have to wait until the end, but there will be an end!
Chris, in 2014 I went to Virginia Beach for an early release from probation hearing. I had asked Florida for a recommendation for early release and the response I received was that Florida does not make recommendations one way or the other. I had stacks of letters that were presented to the judge from Florida residents recommending my release. But it just so happened that that very morning Florida probation contacted the prosecutor’s office and recommended against release…so much for their honesty. Florida even said that my daughter did not want me released. What a shocker! Later on I found out that she made no such request and that she wasn’t even notified of the hearing…Florida lied…surprise! The judge asked the Virginia Beach probation officer who is monitoring my case there…the offense was in Virginia Beach…what she recommended. She said she could not make a recommendation because she had been requesting reports on my performance and Florida had failed to respond. Without anything positive from Florida the judge said he could not release me. I am currently putting together another request for release and this time I will be represented by both a Florida and Virginia Beach lawyer. My Florida lawyer is prepared to let the Virginia Beach judge know just how crooked Florida is. Performance and corrected action mean nothing in Florida. It all comes down to $$$$.
Chris, I have been told that if I went back to Virginia I would probably be off of probation fairly shortly, however, I did not serve my country for 29 years so I could let some ‘tinhorn’ politician run me out of my retirement home. I moved to Florida 15 years ago to help out my parents. My dad was very ill. I had my retirement home built here and have made many friends. When I go back to Virginia Beach…to put flowers on my wife’s grave…I realize that Virginia Beach is not the same place I left all those years ago. My home is Florida. My children have moved to Florida. My activities center around my Florida home. One of my goals is to be involved in waking Florida up to the failures the legislators have had in putting in place their draconian SO laws. One day Florida will be a state where those who have had failures in their lives…and all have, including the legislators…will find forgiveness and restoration. I love my home here and look forward to better days.
what is/will be included in this all?
what about the people in 1998/1999 that were told it was a 5-year registration then it went to 10 then 15 then 25/life
also any updates on when this will be filled?
within a month
Thanks for the reply but just also
will the people in 1998/1999 that were told it was a 5-year registration then it went to 10 then 15 then 25/life or just up until 1997?
Thanks
PS. also i just ran across this story
http://www.jurist.org/paperchase/2018/06/un-special-rapporteur-accuses-us-of-criminalizing-being-poor.php
Glory to God, thank you Jesus for FAC
To FAC,
The 3 month cop that comes by and “checks on me” told me that all I have to register for my Internet Identifiers is just my e-mail address (I only have one).
YET, on Page 4 of 6 (Notice of sex pred and offender obligations) it states “ALL electronic mail, chat, instant messenger, social networking, ect…….”
The detective tells me that I only have to list one. I am looking at what the “LAW” says…ALL>>>!!
So I have a list of every site that I communicate with someone else on; from chat windows on AT&T, to You Tube, to the permitting Department at City Hall.
I have called FDLE and they said give the list to the Deputy and he has to input it into the computer.
I am thinking if he doesnt, I will get jammed up for not filing according to LAW.
I have told FDLE that if he doesnt file ALL–according to law, I am going to be filing a Internal Affairs complaint with BSO for this cop not properly updating my files. They agreed.
FDLE also said for me to get the cop to sign that paper acknowledging that he received that updated info. (HA-HA Fat chance of him signing that)
The Detective was not telling you the truth.
i mean in their eyes were scum and they can give a rats ass to help us. i just got stitched up because of a sailboat the wife and I had at Patrick Air force base in Melbourne Fl, for 12yrs (both of us are retired vets) and I had been faithfully registering it as a temp address the entire time then all of a sudden in 2017 I was arrested for failure to register a temp address with DMV I am currently serving 2 yrs house arrest and 3 yrs probation The whole lot of us at the marina on that base believe it was a set up now I have another felony mark on my record and lost my rights that were restored
Me to the judge;
“I am pleading guilty to a crime I did not commit. The prosecution has told me that I cannot just get another attorney just because my public pretender didnt look at my case for 9 months”.
Above is Court transcripts Feb 22, 1995.
At the date of my sentencing, the law read “Upon sentencing, I was to be informed that I was labeled a sex offender.” I was never informed.
I was hauled into court 18 months later and told I was to be labeled a “sexually violent predator”. The judge wasnt happy with that decision, but said “I dont run the courtroom, the prosecution does”. WHAT?????
(When I went to the court reporters office to get the court transcripts; they were GONE–at all three places they were stored– just the order that now labeled me as a predator)
The only restrictions that were put upon me at sentencing were…
1. NO contact with ex-wife or kids.
2. Submit DNA sample.
3. Attend MDSO counseling. (To which the judge pulled me from less than 6 months into counseling)
These false allegations were from my ex-wife. after she learned that I inherited $250,000 from my late mothers estate. She wanted the house, the money and me out of her life.
At the end of the divorce hearing, she turned to her attorney and said, IN OPEN COURT…
“Yea, I set the son of a bitch up— and took him for every thing he got”
The judge did nothing.
BRO, SOUNDS ALL TOO FAMILIAR! My case also involved my ex only her mother was the mastermind behind it and she was the puppet
i just thought about something if the cities and states that ban so’s from living in certain places are somehow breaking the federal fair housing law that prohibits blanket preventing people with convections from living or renting certain homes/hotels/etc….
which law are you referring to?
Fair Housing Act
https://www.hud.gov/sites/documents/HUD_OGCGUIDAPPFHASTANDCR.PDF
Thanks!
Thank you Crooked Rick Scott Sucks !!!!
But someplace in there, in the extra fine print, it will say “EXCEPT Sex Offenders”
Actually @Sean
It does not. I have obtained a Rental that recognized that law upfront when I advised them of my conviction. These are the types of tools that one must arm themselves with when addressing the toughest issue for SO’s to reintegrate into Society with.
Anon for now
Anon,
That’s my point, can this federal law be used against the states/counties and cities that prevent people from living in certain places/locations
there is always a way to spin a law 🙂
Laws are so convoluted in this country that it seems as though the Constitution no longer matters. It’s the old ‘golden rule’…who ever has the gold…power…rules. Our system allows politicians to ignore the Constitution for so long that after a while we forget what the violation was to begin with and the violation becomes ‘the law of the land’. It takes forever and piles of money to get it back on a constitutional track.
What is going on with the Ex Post Facto challenge? Its well past the Spring of 2018 and this was started in early 2017. At the time we were told mid-late 2017 for file. The longer it goes the longer relief waits.
It will be filed within 2 weeks. Waiting on stuff from the Plaintiffs.
Thank yous guys so,oooo very much!!!
Once it is filed, will there be a way (here or on some other site) for us to see how it is proceeding? Live or daily updates?
I will provide continuous updates. Nothing will happen daily, so there is no need for a live feed. When a new pleading comes in or a hearing is set, I’ll post the update.
Hello,
I am still waiting to hear when it will actually be filed. We were told 2 weeks almost month ago. Last nights attempted call in was to discuss it, to me that means still not ready to proceed.
An actual update to the time frame would be great.
Were you not able to attend the call?
By the time I tried there were issues so I was not privy to any news or updates
We will have another call soon.
I was told the end of August, the end of summer. When I stated that the end of summer was Sept 21, FAC apologized and said a couple of weeks.
My question is this….
The suit is for the abolishment of the registry, the ex post before 2004, or a tiered system?
Anything but the first will do me no good as even tho I “tested” and have multiple “clinical experts” who say I pose no threat to anyone (not even including my failing health as evidence) the State of Fla takes it upon THEMSELVES to “classify” me as a Violent Predator
I am also waiting to here.. please let me know what is going on..
This is a comment for FAC. Who are the plaintiffs? Any lawsuit that comes up against the state of Florida or Brevard County I want you to know that my name is available.
The plaintiffs are “John Does” as they wish to remain anonymous.
The complaint is against the State of Florida.
Thank you for the reply. If you ever need a ‘real’ name just let me know. My friends say I’m pretty proficient in ‘poking the bear in the eye with a stick’. I believe when we see wrong we have an obligation to speak up. Silence is ‘action’…cowardly action.
So has it been filed yet? If not what can I do to help? My charge was in 1996 given 5 years probation with S/o counseling was not told to register until I was almost done with probation then told 20 yrs got a failure to comply in 07 because I moved and reported my new address but didn’t go to the dmv and change my address, lost my house my car and custody of my son that I was awarded in 04.
I just wanted to make a comment on all the ex-post facto laws that are being considered and implemented everywhere. Any restrictions or extra responsibilities of any kind being added to anyone after there initial sentence would be singling out for punishment. Which would be a punishment without due process.
When public servants become such they are required to agree to an oath of office , Which is a civil legal and binding contract with the citizenry. This oath is a promise, a vow, a giving of one’s sacred honor to abide by the constitution as written.
The purpose of the oath is to hold over elected officials and those they hire to assist them to the Constitution. A constitutional republic under law..
Any public official not living up to this oath are themselves opening themselves to punitive action.
good luck with that…. Unless you can run for election, beat them and change the laws yourself
That would be me! – I was sentenced in 1995 in state of Virginia- but was just re- arrested March 2017 in Brevard co for failure to register a temporary address with DMV for which I was unaware of. I’m currently on 2 yrs house arrest then 3 yrs probation to follow
You are a victim of Brevard County Florida’s visitor motto: “Come to Brevard on vacation and go home on probation”. Probation in Brevard is inundated with ‘nut cases’. These people have nothing better to do than destroy lives and families.
Yes, I Agree! I so Hate this county and their money making scheme. Because of this bs, I’m in dept at just about 15k.- 5k for the Lawyer , another 3k for bond, then another 2600 for ankle monitor, then while checking our sailboat the ankle monitor caught a life line and snapped off falling in the water – they charged me 1500 to replace it. Then 682.91 court fees and now still counting probation fees
Kristian, don’t hate the country, Hate the politician’s who come up with these BS laws and run it. They are not human beings They are products of the machine called “corrupt government”. If you feed them a dollar (or much, much more) they will do what you or your group wants done. They do what the machine says regardless of who it hurts. They themselves are nothing more than uncaring, non thought processing drones.
No, The County ( Brevard ) not country
I thought you meant county. We are in agreement about Brevard.
😉👍
my apologies, eyes went fuzzy and I saw country instead of county. But yes, Brevard and all the other counties in this state need to stop, look at all the scientific evidence, and listen to the professionals who do the studies and also listen to the spewing of fodder that comes out of their mouths and fix THE PROBLEM.
The corruption will never be stopped as long as there are pockets to fill (jail, police, probation, ankle monitor fees)
The fear of the phrases of “child molester, predator, pedophile, sex offender” will continue as long as there are uneducated people; unwilling to bend, or even listen.
When you throw a pebble into a calm lake, the splash is insignificant, YET, the ripples are great and far reaching.
Let’s go into this fight with the intent to win. It is long overdue letting our legislators violate the Constitution with impunity. Oh thank heaven for FAC!
Just received a letter in snail mail. It was from an Orlando law firm and said that they were “preparing to file a Federal lawsuit alleging that the Florida Sex Offender Registry statute violates the United States Constitution.” It also said they wanted to “discuss… a 2016 Federal case (precedent) that has sparked others to also file lawsuits in Federal Courts challenging the sex offender registries in other jurisdictions” and offered their services if paid a down payment to retain them.
Is this connected with your lawsuit in any way? Is it even legitimate?
It is not connected in any way with ours. Can you scan a copy and send it to Legal@floridaactioncommittee.org?
What law firm and also can you give me lawyer referrals on who does this offense was in 91 only charge ever My time should be finished So im trying to find a lawyer who does this
Just a reminder. Even if you win on ex post facto grounds it will likely not impact the length of your registration in Florida, unless you were retroactively placed in the registry later. Remember that registration in Florida is for LIFE and the 10.15.20.25, etc year numbers only indicate when you can ASK to be removed. The court does not HAVE to remove you. Has anyone with a 20/25 year number EVER been removed from the registry in Florida? We should be getting to a point in time where some adults should be coming up on that 25 year mark.
My offense was in 91 I got 4 years probation. Then got put on registration I think I qualify hopefully
JOe M,
that is 100% incorrect it was first only 5 years then that got moved to 10 years then that went to 15 ………
So what is going on with the Ex facto case keep seeing two weeks then a month Just be honest you waiting on the Gundry case?
FAC, You have been putting off the filing of the EX POST FACTO lawsuit for more than 2 months (almost 3).
First you said end of August (IN JULY)….
Then you said end of Summer (Sept 21st)
Now we are into October and no updates on when will this be filed.
You have been asked repeatedly if you were waiting on the Gundy Case to be heard; and we, the members of FAC have heard NOTHING from you.
Just silence.
Sean. Well shoot, I guess beggers can be choosers. I mean, do you want it done right or do you want it done fast? One way has a chance, the other is just a waste of time. The courts aren’t going to move fast when they get the case anyway. So, are you going to be chastising the courts too? They haven’t been silent on anything in my opinion. We don’t want them to be loud mouthed about the plans. The element of surprise is one of the few advantages we will have, and we should take it.
We all want relief, and yeah we all want it now, but sometimes you have no choice but to be patient and grateful that at least there is someone doing something. What have you done? Anything even close to what the core FAC folks have done? When is SEAN going to file that ex post facto? I don’t mean to be offensive, and I mean that sincerely, but come on. It’s readily apparent some people are doing something, why give them a hard time over not doing what you want when you want it?
Things are happening and it’s counterproductive when a small few greasy wheels put undue stress on those who are doing the heavy lifting.
You’re the guy (or gal) sitting in the broken down car being pushed, sipping sweet tea, yelling at others to push faster. If you want it to go faster, get out and push. Offer your help.
With all due respect AND compassion to you and your situation. Seriously. Not wanting to inflame anyone or start a riot, but it’s a shame to see a handful of people giving FAC (all volunteer) sacrificers a hard time over timing. I don’t know why they even approve comments like that when they add little if any value to the conversation.
@ Westerndichotmy I am an out of state person who has sent monies in the both funds. I wanna know where that money is going. Now I don’t know weather or not you sent monies in yourself, that is not my business. I want an Account of my money. Since F.A.C has not given us an answer I have not sent any money to them this month until I see something filed. Now I am just going to be told I be hurting myself not too. As a consumer I know the power of the purse strings. When I see something that looks like a legal document that been filed then and only then will I send more money for “out of state challenge fund” I lived in Arizona having my named googled and showing up in Florida does not bother me one bit I live in a petty good state for the past 7 years Now until I see something from F.A,C that they filed No more money
J.G. We had a member call last month on which this was discussed. Because of a case out of the 9th Circuit, the complaint had to be revised. It will be filed shortly as soon as it’s ready. If you don’t want to support our efforts, don’t.
Folks. Let’s slow our roll a bit. We all know how slowly the wheels of justice turn.
Amen! If we can’t show a united front of support for one of the few organizations in the world that is advocating for folks situated as we are, then we are hurting our cause more than any of the moronic, unconstitutional minions like Ron Book, politicians, prosecutors et. al. ever could.
We all want to die free and our only hope to do so legally is found in organizations like FAC. I hope they take their time and get it right. Even if I’m dead when they do so. It’s not about any individual. It’s all about equality under the law for everyone. FAC seems to be the only folks willing to put themselves out there on behalf of those most despised by society. God bless and in God’s time.
Amen. … and thank you FAC for all that you have done and will do.
I understand frustration but when you are blatant about “if you want to help us do or if you don’t want to don’t” what type of tone does that set for others (members and outsiders alike) to look upon? Even if the delivery of the questions were not eloquent the underlying frustration (derived from fear and desperation) is simply “Hey can we get a status update”? Come on. I have been following this forum for a couple of years now. You (The Organization as a whole) are better than that. Continue to Act like it and never let one situation sway your stance.
As for the RSO community as a whole. Cut these people a little slack and really think how you want to communicate with the Hand that feeds you.
Firm belief in a United Front even when we disagree.
Anon for now.
Thanks Anon.
Thank you Western!
WesternDichotomy your comment “I guess beggers can be choosers.”
you may want to think twice, people have donated to this and paid for this! thus i think they have the right to be kept 100% informed! and that is far from happening here! WesternDichotomy i believe if i’m not mistaken we were told this was going to be filled like a year ago
Concerned and Sean,
To first address your question about that lawsuit in as explicit and direct a manner; following the July decision out of the 7th circuit (Vasquez v. Foxx) which rejected some of the similar arguments as we planned for our suit, we decided to re-posture some of our complaint. That required additional research, re-drafting, etc. This is in process and being done as quickly as humanly possible. It is almost complete but will be filed when it’s perfect – not before. There are other factors that contribute to the timing of lawsuits which are part of a litigation strategy and which should not be discussed openly in a public forum. We do not have the time to send private updates and much of the reasoning is privileged information regardless.
Secondly, to address your issues with our responsiveness. I chair the legal committee, so accountability for your complaints fall on me. I am not a paid employee of FAC, I am a volunteer. I have my own law practice, a business, a family and other personal obligations. I put in 3-4 hours a day working on FAC’s cases, answering emails or calls from members, responding to web comments, etc. I brief our board and membership (via posts on our site and email updates) on changes in laws and the status of other active cases across the country. As I write this response to you under the palpable pressure of your wanting to get this case filed, we have another case (the SORR challenge) that is going to trial in less than 3 weeks that is more time sensitive.
Although our organization has the support of outside counsel, such as the ACLU/Legal Aid/FJI and some big-hearted private attorneys – they are pro-bono too! They work for free or in the hope they will collect from the other side if we win. The funds we collected all go towards expert witnesses, filing fees and litigation expenses. Anyone that thinks $30,000 covers everything in a case of this magnitude (that will likely drag on for years in appeal), has never paid for a single day’s worth of deposition transcripts! Try calling them liars (like Sean likes to call us) and see how long their representation sticks. Many times delays are not even on them. Our plaintiffs are the most sympathetic among us – they don’t have transportation or consistent phone access and some sleep on the streets. We are at the mercy of their situations.
I will continue to do my best to manage current and pending litigation while keeping the membership apprised of developments. If anyone else wants to step up and take my position, they are welcome to it!
You are soooo appreciated , please don’t let one or two selfish comments deter you. I’m sure there are many others that would agree with me when I say Thank You!! For your help.
Thanks Kristian
Keep doing what you are doing PLEASE.
If you don’t like what FAC is doing try doing it alone and see how far you get. Ron Book is loving the dissension. There are court cases that shows we are making progress. If we keep moving forward we will all be better off. If we move backwards nothing will change. You can’t tell the outcome of a ball game at half time. Just look at the Denver Broncos and Kansas City Chiefs game last Monday. You only have to win by being 1 point ahead. The Denver quarterback gets paid $37 Million for 2 years, the Chiefs quarterback probably makes $500 thousand a year. It’s not how big you are ,it’s the end results. Thanks FAC
Well said. I’m in a hurry, like Sean and others are. But we got lucky that another circuit ruled on a relevant issue in the interim. A gift to be able to revise accordingly before filing.
We can do this in haste or we can do it right. We cannot do both, because the law simply will not evolve on our preferred timetable.
I am so thankful for what FAC is doing. If it takes time to do it right, then so be it. FAC has never let us down and it’s not going to this time. Just be patient…and appreciative.
Apologies. Frustrated at naysayers. We should be supporting each other instead of causing divide. It is apparent that fac is doing things. The least anyone can do is ask respectfully for an update rather than be belligerent.
Sean
As we explained on the last member call. Because of a case out of the 7th Circuit, we elected to do some re-drafting. It will be filed shortly but not before it’s ready.
By you repeatedly harassing us (and I delete a good number of your comments), it will not make this happen any faster.
FAC there will always be another case! I don’t know if Sean donated or not but correct me if I’m incorrect we were told this was going to be filled last year. By people being told x will be done in 2 months, then in a week several times over and over again and it never occurs is upsetting! especially to people that have donated! thus i don’t think when someone asks whats going on and being told it will be done this week or next week over and over again is not harassing! It is called inquiring! especially true when a person has been repeatedly told it will happen and does not. then to give thanks to “WesternDichotomy” when they state ” I guess beggers can be choosers.” condoning that i think could have been worded better. but i’m sure this or my comment to: WesternDichotomy will most likely be censored like the last 2 have been on this subject thus. all the censorship that happens here is one reason i no longer visit this page every day as things are being censored that is not hateful, vulgar, etc…
Looks like you weren’t censored. And I apologized. Let’s move on. Stanks
TO: FAC LEGAL CHAIR
First I would like to thank you and all the other volunteers for your help and support and my behalf and on the behalf of everyone else that is harmed by these laws and afraid to go outside from constant fear of arrest and being shamed by neighbors, etc…!
It is just very frustrating and stressful being harmed by these laws and constantly hoping something will change! I plead guilty in 1999 for a 1998 crime at that time i was told to plea guilty or state will charge you with additional counts and should i go to trial and lose then i go to prison for 25 years, should i win the feds will then charge me. pleading guilty i was supposed to be on the shamming list for 5 years and received 2 years probation then it went to 10 years then 15 then 20 now 25 or life plus all the additional laws they add onto it like vehicle info and there you only have 48 hours to update that info so if vehicle breaks down and you rent one or by another vehicle on Friday afternoon you are in violation of the law. if i’m hospitalized from an accident, medical emergency, etc… by me being in the hospital more then 2-3 days i violated the law and subject to arrest as there is no exception.
In closing, i and the rest of us deep down know things take time and just an update from someone as to a little bit of what’s going on instead of saying later this week or next week it will be filled would greatly help with our stress levels
Thank You Again,