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.
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 .
Lets not forget Carol for tireless effort in the fundraising effort in this ex post FACto challenge.THANK YOU CAROL……!!!
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 !.
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.
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
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.