MI: News from Michigan – New SORA NOT Retroactive.
Hot off the press is the following Order from the US District Court from the Eastern District of Michigan.
Michigan – Final Order 06212021
While it’ll take a few readings to understand and be able to explain the full impact of the order, we didn’t want to delay distribution of this information.
At first blush it seems to be good news, as the court concluded that the new version of Michigan’s SORA cannot apply retroactively to people whose offenses predated March 24, 2021.
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So if someone moves from Florida to Michigan, Will we be added or will we be exempt ???. I’m ready to move if I can be removed !?!?.
Tired
I will probably be slapped out of the room for saying this but, if I had a choice of staying on the registry or moving to Michigan, I will stay here.
#1 Michigan winters are not for the fair of heart
#2 My family is here
#3 The grass is not always greener on the other side of the fence
#4 See #’s 1,2 & 3
It should NOT be retroactively applied in ANY state. It is not about what is fair. It is about holding to the Constitution and not being punished twice for the same crime. The judges can dance around the facts all they want, but they are not being true to their callings, of being fair and just.
Upholding the laws the forefathers laid out. Maybe I shouldn’t go there, they believed it was ok to enslave a person against their will without freedoms afford others in these fine United/divided states of America.
Boy, wouldn’t it be great if the impending new Federal SORNA could also NOT be applied retroactive to its implementation date!
(Yeah, I know, not gonna happen. 😒)
That would effectively mean that anyone Committing their act or even convicted before the AWA was passed would be under no federal obligations whatsoever. Of course, the federal government would continue to do the angel thing so that you were effectively banned from entering other countries and tell you to go pick up a flag pole if you complained about it. On a related note, does anyone know if Michigan has always had lifetime registration for all registrable offenses or is this something relatively new, I’m also wondering about Tennessee who has a requirement that anyone coming in from out of state who was convicted elsewhere hast to wait at least 10 years after termination of sanctions or five years of registration on the Tennessee registry, which ever is greater. That also imposes the residency restriction and Internet stuff on people coming in from out of state even if they were not subject to them in their home state. Also wondering when Kentucky determined that anyone coming in from out of state would be on the registry for life instead of 10 or later 20 years? Same question would apply to Indiana and water the eighth circuits decision overturning Indiana’s law that requires former Indiana registrants coming back into the state to register for life. I assume that includes any registered coming in from out of state.
@ JoeM: I have specially marked IML “unique identifier” passport and I have had no problems travelling to Europe (except that one time that Angel Watch mis-identified me as a “fugitive”! That was fun! 🤗)
But seriously, no border officer has ever even looked at the IML notification of the passport. They look at the passport photo, look at me, and say “Enjoy your visit.”
That very well may be because a court operating under EU law in the UK and maybe one in Germany said that the lifetime and public registries violated the European convention on human rights. Of course the UK and Ireland don’t give a shit and they just exclude you on the vague public threat laws that they used to exclude people like that crazy parliamentarian from the Netherlands. I had a similar experience to you the last time I went to Europe in November of 2012. It was the first time that they had the full-blown Angel Watch, I was met at the gate in Brussels by four Belgian national police officers. By the end of our little session they were wondering how the hell any government could put someone on the registry for life and even worse one that was public on the Internet. The senior guy who had spent time in the US said just next time make sure you don’t put quite so much stuff on the Internet like he still can’t even understand that this had nothing to do with me. It was the feds and also Florida paying a lot of money to have their registry search engine optimization so it’s the first thing that appears when anyone googled your name.
@ JoeM: Yes, many in the UK are as moronically stupid and pathetically “sex offender” hysterical as the most of the U. S. population. 😒
‘New’ Federal SORNA? What’s this?
Federal government proposed publishers proposed changes to SORNA:
https://all4consolaws.org/2020/08/federal-government-publishes-proposed-changes-to-sorna/
Can it survive appellate scrutiny?
Yes, please. I’ll take one of those for Florida.
Ben
Here in Florida, we have a lot of Sheriff’s that think they are above the law, wrote the law and ARE the law. Even if a judge issues a stay here while a case was heard on the registry, the defiant Führer would issue his/there own proclamation. It would read something like this: “We will continue to enforce the registry laws until a Federal judge personal comes and puts me in handcuffs”.
So which sheriff said that? Polk, Seminole, Marion or Volusia?
I can say that “Marion” County said “They Don’t Care” !!!.
The dumb one! 🤣🤣🤣
JoeM
I forget the County but it was Grady Judd
Polk. Grady Judd is our own little low rent version of Joe Arpaio And the role model for some of the other idiot sheriffs in Central Florida.
This is pretty much what Marion County told me when I questioned what that would do if the “High” Court would stop the Registry !!!!! I was BOKDLY told that “They Didn’t Care”, And Would Continue to enforce ALL Registry Rules !!!!!. And Would ARREST anyone that didn’t follow ALL the Requirements of the Registry !!!!. And I BOLDLY told them, GOOD LUCK, Cause I’d SURELY stand and fight them !!! They don’t like me there cause I’m ALWAYS letting them know how ILLEGAL everything they’re FORCING ON US is !!! They just laugh and tell me that I “Shouldn’t of commited a sex Crime” !!! ND they treat you like TRASH in Marion County !!.
The problem there is that Florida law says that whatever tiny chance that you have of getting off the registry by petitioning after 25 years or whatever goes out the freaking window if you’re even arrested for a crime. Not charged, not convicted but I rested.
Yet they filed a no information on my arrest and didnt even make it to arraignment. I dont get how thats right! Somehow i cant even get it expunged! Never arraigned, never pursued just filed no info within a week or so ofnit happening
JoeM
According to FAC ( I keep getting contrary info) even if you have life or 25, if you were under the old rule and it changed, you can petition to get off in 20. This is due to a ruling made by a judge stating that the law makers CANNOT change the time line retroactively. ( And yes that goes out the window with a new arrest)
Having said that, even some have gotten off the registry with a new violation charge. (That story was also posted on FAC site in the past)
If I am told this is not true and they never said that, I will find the saved emails I got about it. ( I save every post that concerns my situation)
You are correct, but it’s ultimately up to the Judge’s discretion.
FAC
Thanks for your response and verification. Sometimes hard to weed through past post. That is why I save the ones relative to my situation.
I have saved posts, saved lawyers names that were mentioned in here and laws that have been challenged and successfully won relief.
Thanks again for all you do
Tired
Seminole county (Not sure about now) when I lived there was a nightmare with registration. That was a long time ago but as soon as I got off probation I got the Hell out of Dodge. Prefer not to say where I live but I rarely get bothered.
However today I was part of a compliance sweep and never had one of those before. It was pretty basic and overwith in 2 minutes.
Compliance sweep?
“Yep, i live here. ”
“Here’s my i.d.”
“Sorry, i can’t answer any other questions right now as my attorney isn’t present. ”
Maybe if everyone stuck to those answers, they’d stop the sweeps. I think people say incriminating things they don’t have to when an officer shows up.
You need not answer any questions about vehicles, jobs, cigarettes, email, or ANYTHING. They can only verify your address without a warrant.
AND, funny thing is, they can’t make you answer the door.
I would expect that these swiss would net big fat zero if no one answered their door. Being on the registry doesn’t mean you have top dpo anything other than what the law states and generally that is abide by your registration requirement. Address verification is their burden, not yours.
Im wondering if they even have the right to come on your property and inspect vehicles without a warrant. I should think not, but they may claim they can as they are walking up to ring your bell. I wish i had a garage.
Jim
I do not say much at all but I WANT to answer the door. Here is why. I get it out of the way because if I don’t , they will go door to door with flyers and ask the neighbors if they have seen me or know where I am. That is my worst nightmare. One time I was not home and got a Yellow flyer taped to my front door that read “SEX OFFENDER” compliance attempt.
Now if we can just get this in Florida