Comments on: Prosecutor Stacey Honowitz wants her arrest post removed

By: CherokeeJack

CherokeeJack — Mon, 07 Feb 2022 03:56:57 +0000

In reply to sjnmom.

sjnmom

Unfortunately, that is not how things work. The old saying “It is who you know” rings true. And sometime WHO you are, or what title you hold. How many times has a cop been pulled over for a DUI and once they find out they are an officer, they call a family member to come get them. You or me would be hauled off to jail. I know this because I use to work in law enforcement and I saw it all the time.

By: sjnmom

sjnmom — Mon, 07 Feb 2022 00:54:21 +0000

In reply to detroit. You hit the nail on its head. To whom much is given, much is required. If the average person who made such a "mistake" would have suffered the consequences so should see. Rather, if she is shown mercy, so should the average person be given the benefit of mercy.

By: Nina

Nina — Mon, 21 Dec 2020 14:01:25 +0000

In reply to Detroit.

Not at all…. u think florida is nice lol
People who are available to petition and impeccable records have been turned down. Florida isnt a state u can just get off of. So far only a handful of people have done so successfully… a handful. Florida doesnt care if you’re eligible… They just wanna extort money by keeping u on the list. I suggest u read up before assuming its all easy to get out and giving wrong information.

By: Detroit

Detroit — Mon, 21 Dec 2020 00:49:37 +0000

Jacob:
I don’t know the petition process in Florida but am familiar with Michigan’s 406 petition and the theory behind the petition process. There are various names for the petition so I use the term petition generically.
These petitions as a general rule function in the same vein as a pardon. It begins the process. Generally, you are granted a hearing where you can introduce evidence and witnesses and sometimes have the right to appeal. First, you have to qualify in order to petition. The hearing may be held in front of a hearing officer, a hearing board or someone or something else. In Michigan, it is the trial judge that hears the petitions.
As a general rule, these petitions are asking for grace. When you are arguing a case in court, you rely on precedent. In a petition for grace, you are arguing the facts of the case not the law so you don’t rely on case law. There may be some factors listed in a statute that offers guidance.
When we are posting on forums such as FAC, we cannot get into minute detail or every exception, so the most of us have to speak in broad terms. When I post I don’t get into the multitude of exceptions. It’s like saying that most persons whose offense date that predates July 1, 2011 are no longer required to register in Michigan. I use the word “most” because this applies to perhaps 90% of the registrants whose offense date predates July 1, 2011. There are exceptions and it is too difficult to list all of the exceptions in this forum. This is a broad statement. Sometimes I simply state, “most registrants whose offense date predates 2012…” for brevity. Obviously, this wouldn’t include registrants whose offense date was from July 1, 2011 to December 31, 2011. It’s simply easier to state “most” and “before 2012”. Dealing with a specific question, I can get into the exceptions or more detail.
I am glad that FAC is assisting registrants in getting off of the registry and involving attorneys in the process. I don’t know the specific Florida statute involving removal. I can make an educated guess that you first have to qualify, i.e., some states you can’t petition if the victim was under a certain age. After you qualify, you get your ducks in order. If this is a one shot petition and you don’t get a second chance, you need a very capable attorney. Your attorney files the petition and you show up for the hearing, your attorney presents your witnesses and evidence, maybe you testify and then a decision is made. In some states you have the right to appeal.
Without reading the Florida statute, I can make an educated guess that this is a petition for grace. With a petition for grace (like parole), it’s discretionary. Having evidence like a psychiatric evaluation that says you are low risk can be compelling. Case law is not compelling in a request for grace.
I have never read the Florida statute. Show this post to FAC”s attorney and I would bet that it is reasonably accurate.

By: Jacob

Jacob — Sun, 20 Dec 2020 13:53:35 +0000

In reply to detroit.

Detroit, I know you are concerned about misinformation on this website. It so happens that the law governing registry removal has been covered here many times, and was also discussed in an FAC conference call whose guest was an attorney who had represented many successful petitioners.

In Florida you can’t just get off the registry (or avoid registration) by filing a petition. The law has to allow for removal, otherwise the petition will be denied.

What precedent is there for a Florida judge to be persuaded to remove a petitioner from the the registry because another state removed that petitioner from theirs?

By: nina

nina — Sun, 20 Dec 2020 06:19:24 +0000

In reply to Detroit.

it isn’t misinformation! FAC should flag your post because you obv have no idea what you’re saying!!!
he couldn’t even petition unless he moved to florida and registered in florida in the first place. why would he want to do that when he was already off the registry to begin with?
there’s no petition… to move to florida.

By: Detroit

Detroit — Sun, 20 Dec 2020 01:34:36 +0000

Nina:
An inquiry is vague and means nothing. Filing a petition initiates a formal proceeding where you have the right to present witnesses and evidence and receive a decision that is appealable.
There is a lot of misinformation on this website and FAC should flag these posts.

By: Nina

Nina — Sat, 19 Dec 2020 17:10:44 +0000

In reply to detroit. Not at all... I knw someone who was removed in Georgia. Off any and all registries and when he went to inquire about moving to Florida, they said he would have to register. Even though hes not on any registries now. Ridiculous.

By: detroit

detroit — Sat, 19 Dec 2020 00:44:54 +0000

Jacob:
Apparently, Florida has a petition for removal from the registry. The point I was trying to make is if you are removed in another state, it will support your petition for removal in Florida.

By: Detroit

Detroit — Thu, 17 Dec 2020 21:14:08 +0000

People v Buckley, 848 P2d 353 (CO, 1993).