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.
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”!
“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.
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. 😉
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!
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.
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.