Holy Cow! One day late for registration gets someone 4 years in prison.
A registrant from Hernando County got 4 years in prison for being one day late for registration!
The charges stem from a July 5, 2024, arrest for failure to comply with reporting requirements. According to the sheriff’s office, XXXX reported to the Hernando County Sheriff’s Office on July 5, 2024, for a required 30-day transient check-in. A review of the Florida Sexual Offender and Predator System showed his previous check-in had occurred on June 6, 2024. At his May 2024 check-in, Duhaime had been provided a copy of his reporting requirements, which stated he must complete his next transient check-in by June 5, 2024.
Detective G. Marcacci met XXXX in the front lobby registration room of the sheriff’s office. During the interview, XXXX acknowledged he was late for the June 5 check-in. By one day!!!
His offense occurred more than 20 years ago and he had one prior FTR in 2018. Note that since he’s homeless, he has to register every 30 days – that’s at least 100 registrations.
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Still a four year sentence for failure to register is harsh.
I was curious what could have caused the judge to give a harsh sentance for this. Looking at his record, it’s suddenly pretty obvious. While he hasn’t committed any other sex crimes, he’s got a pretty extensive record, primarily DUI, felony driving on a suspended, cocaine possession etc. I would say the State looked at the totality of his record before deciding on a punishment.
Hernando County has went off of the deep end with it But my issue is more with the Courts rather than the Detective. Detective Marcacci has at least one arrest every month for a registry violation. Some of them, are legitimate where the person was hiding the fact that they owned a vehicle or trailer and others are more iffy like a one day late registration.
To be clear there is no discretion on a felony. Felonies by law require arrest. That being said the Judge is the one that set the sentence. This judge could have easily ordered jail time or probation. However since we do not know how this individual acted in Court or his previous criminal background we cannot speculate as to why the Judge handed down the sentence.
This case could prove that the registry is meant to be punitive in nature and that it is unjust. A single day resulting in a 4 year sentence is absurd. I for one do not think that the law was intended for this type of situation I think the penalties were intended more for those that chose to not register as required. Being a day late and still coming in to take care of the obligation should have earned a stern warning from the judge and maybe a few days in the Jail at the most.
It’s going to get a lot worse before it gets any better though. I hope this pfr is appealing the sentence but I highly doubt it.
I will say I was arrested by the detective but another FDLE officer showed up. Upon sitting outside waiting for my ride to the jail for 20 minutes they got pretty comfy talking around me. A certain detective wants a promotion onto the FDLE team and boasted his track record to the FDLE officer. FDLE tallahassee supervisor was one on my day and he said his record makes him great canadiate for being FDLE sex offender unit. Yeah they got way to comfy in from of me as I noticed alot of violation of any civil arrest rights
Please, someone explain to me again how this is a “non-punitive, civil regulatory scheme”? “Non-punitive” systems don’t result in 4 years in prison for conduct that is non-criminal in nature.
The important thing to rember is this. Its not actually punishment. Its a civil regularly scheme. 1,000,000 % Sarcasm implied..
Its a shame that a homelss man goes to prison four years for being one day late. Jesus man I hate Florida.
That’s why they made it a felony. That way the public is “safer” from the homeless PFRs than if it were a misdemeanor. 1day late gets you 1460 days in Prison.
You can get the same time for running someone over with your car.
There was person a few years back who tried to set fire to a motel that housed PFR’s, although the vast majority were also guests with no previous convictions. He was stopped just in the nick of time before he set the place ablaze. He got 4 years and likely released earlier than that (as it was a first offense attempted murder) with gain time.