A Summerfield sex offender spent a night in jail last week after showing up a day late for his quarterly registration update.
He has re-registered 25 times since originally registering in April 2015. He most recently re-registered in Marion County on Dec. 4, 2020 and was reminded his next re-registration was scheduled for March, according to the Marion County Sheriff’s Office report.
On the morning of Thursday, April 1, XXXX reported to the sheriff’s office to register. After being read his Miranda warning, he told a deputy he forgot he was required to register in March. XXXX said he realized on March 31 he had forgotten and came to the sex offender unit office, but it was closed. XXXX has been provided with the unit’s office hours in the past and is aware the office is closed on Wednesdays, the report said.
Preface: I studied digital (1 or 0) and philosophical (true or false) logic in college. They both use identical axioms and theorems. I also took the LSAT and that test requires a fundamental knowledge of logic. Logic is the way laws should be applied (although it is sometimes improperly applied).
We should hope that judges have a good understanding of how to logically apply the law.
Here is my two cent logical analysis of why punishment for a collateral consequence of a law that was not in effect at the time of the qualifying offense is an expost facto punishment.
The subject of this article was convicted in Oct. 1997. That is the exact same month of the sanction cutoff for being put in the “new” registry. Therefore his qualifying crime had to have been committed before the registry existed.
The registry is a “collateral consequence” and supposedly not punishment (we all know it is in effect).
I would really like to see this defense tried (but don’t want to be the guinea pig); I think someone in this defendant’s shoes may have little to lose trying it:
Being placed on the registry requires a a qualifying felony sex offense (regardless of adjudication). A felony conviction for an FTR (Failure to register) and being sent to prison can only be called “punishment”.
The punishment for the FTR is not an island upon itself, it is a product of two things,
1 ) the registry violation
AND
2) the collateral consequence of the original conviction.
So the punishment imposed may be ok for the current registry violation but it is also a collateral consequence of the original conviction.
Without that original conviction the defendant would not be standing before the court.
Therefore, a collateral consequence of the new FTR punishment would make the original conviction portion a violation of the expost facto clause of the constitution.
(In my logical opinion), it may be ok to apply an expost facto registry law making a pre-registry law offender register, because that is (supposedly) not punishment. However, The expost facto punishment for violating a collateral consequence of the original offense should not be allowed to be applied.
The registry may be allowed to be applied ex-post facto, but there should be no lawful teeth to enforce it punitively.
I do have a question which is not related to this thread but nontheless is important to me:
My wife is from Ecuador and her daughters are currently visiting and are staying with us until June 10th. One is an adult and two are under 18. Do I need to report to the OCSO of their staying with us?
This coming May is when those clowns are stopping by to check my residence….and I absolutely want no problem with them…so advice would be appreciated.
If you are on “sex offender” probation:
948.30 Additional terms and conditions of probation or community control for certain sex offenses.
(1)(e) If the victim was under the age of 18, a prohibition on contact with a child under the age of 18 except as provided in this paragraph. The court may approve supervised contact with a child under the age of 18 if the approval is based upon a recommendation for contact issued by a qualified practitioner who is basing the recommendation on a risk assessment. Further, the sex offender must be currently enrolled in or have successfully completed a sex offender therapy program. The court may not grant supervised contact with a child if the contact is not recommended by a qualified practitioner and may deny supervised contact with a child at any time.
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0948/Sections/0948.30.html
If you are not on probation, I see nothing in s. 943.0435 nor s. 775.21 which prohibits contact with minors:
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0943/Sections/0943.0435.html
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0775/Sections/0775.21.html
FAC, please correct if I am in error.
What happened to intent? I thought u have to have intent to be charged with a crime?
Not for registration violations. Those are strict liability
Yep, same thing happen to me in 2009 I ended up getting sentenced to 20 months in prison for forgetting to register, and I should have been off of the registry almost 30 years ago when I was originally sentenced in the 80s I was only supposed to be on the registry for 10 years but then they did the ex post facto law crap and now have lifetime registration
Ok, I’m ready to get beat up over this one.
1. He had registered TWENTY FIVE times in the past.
2. He was given the day’s & hours of the office. (Brevard county SORT Office is closed on Wednesday also)
3. There are 31 days in March. That gave him 18 opportunities to register.
My heart truly goes out to this guy but he has to bear the full weight and responsibility for this one. We all hate and see the absurdity of the registration process but we have to live with it. It is the law and until it’s changed we have to comply. It is when we do not comply, and this is an excellent example, that we simply reinforce everybody’s stereotypes and hype.
You have no idea how hard it is for us as we get older to remember this registration process
Score for Marion County. Another “criminal” to keep the docket full. Doesn’t the law still read you only have to register once all sanctions are completed or did they fix that? Heres the thing. When this guy goes to court the attorneys, state, and judge all are going to look at and talk to this man like he just committed a horrible crime and broke the law all keeping inflation a straight face and no one is going to be o stand up for this man. Most likely he’ll be offered a 4-6 month jail sentence maybe even a year in prison for this terrible crime against society and his past sentence points will add to this new charge making him score out to a lengthy prison sentence if he doesn’t take the “bargain” which they will make him good true to his end of the “deal” while they will add more and more sanctions and punishments he’ll have to follow the rest of his life. Ask me how I know I’ll tell you how 20 years later I got popped for breaking a retroactive sanction where they reneged on what I agreed to on my plea bargain. I really should sue them I have plenty of money todo so.
Slow news day in the Villages it seems. Good thing the registry isn’t “punishment.” I guess if it were he would have been shot on the spot. I’ve read an interesting analysis recently in a law journal stating the case that the even the “punishment” question itself unconstitutional because no where in the Constitution is such a determination required to satisfy ex post facto. Courts are acting on mere precident alone. And all this hogwash about making exceptions if the State has a “legitimate” interest is like making an exception for the right to a fair trial. “Yeah usually a person has the right to a fair trial, but we really hate you so you’re just going straight to jail and we’ll let you out if and when we want to – you know because the State has a legitimate interest and all.”
A legitimate interest by the way that is backed by no research, no facts. We have judges looking us in the face and saying that they believe the Earth is flat. But it’s not flat, it’s round so we go ask another judge and he goes, “yup he’s right. the Earth is flat.” But the Earth isn’t flat, it’s round. He knows it’s round. Obviously he’s just saying it’s flat so I won’t recieve what the Law says I deserve.
I think it’s time that we start opening our eyes to something which black people have long been familiar: the system is corruptively working against us because of our crime, purposefully denying us protection under the Law, lying by saying that the arrest of the Summerfield sex offender is not punishment.
I guess that they had gotten as much mileage out of that golf cart chop shop story is they could
Here is my opinion:
This is barbaric!
SORNA (et al) are nothing short of an existential threat!
THEY declared war, not us!
Someday, perhaps, when our numbers have accrued enough, the fur will fly.
Let us hope that cool heads rule that day!
I thought all Sheriff’s Depts we’re supposed to provide a way for someone to “Register” anytime 24/7 !?!?!?. A office being “Closed” during the week should be ILLEGAL !!. What happens when an Emergency comes up and someone has to leave the state or drive another car or Their house catches fire ?? I can go on and on with the “What Ifs” !!!!!. I thought the law went by 48 “Business Hours” anyway ?????. . The “Law” shouldn’t be held against us/you anyone, If the Office isn’t OPEN !!!!!!!!. This is just ANOTHER WAY to “Trip Us Up” so they (The Law) can ARREST US !!!. Also, The “Violation” MUST BE INTENTIONALLY BROKEN !!!!!!!. The Sheriff’s office not be OPEN so he could have registered on Wednesday, Or It’s THE SHERIFF’S FAULT this man violated the law !!!!
Not sure why this is news. He was a day late. He knew the office was closed on Wednesdays. He was lucky to make such a low bail and get released the next day.
“Xxxxx was arrested and charged with failure to comply with sex offender requirements. He was taken to the Marion County Jail, where he was released shortly after midnight Saturday on $2,000 cash bond. Xxxxx is scheduled to appear in Marion County Court on May 4.”
$2,000 bond? Hell, last time I got bammed on a failure to register a Facebook account which I complied with and was never added by the sheriff’s office, they hit me with a $65,000 bond. $65,000 is against Florida constitutional law for even a violent 3rd degree felony. The average for St Lucie county is $10,000 for the same offense, but I get 6.5X the average. Despite having proof that it’s pretty much their fault, the people I entrusted to help instead screwed me over by stealing everything. So push comes to shove, I take it all the way up to trial time, and after only offering 3yrs. DOC time, they decided time served @ 1.5yrs was fine. So here’s the kicker, DOC agreed to it @13 months time served on a 18 month sentence I already served in the county. Sounds like to me someone owes me some time! Now, all of this could have been prevented if the sheriff’s office provided the paperwork I have requested since day 1 of registering with the state of Florida, but didn’t finally provide until my most recent release as if in an effort to prevent a possible civil suit. So this guy described got off light big time. 31 days to possibly register minus open office days is still sufficient, and how can you forget after doing it for over a decade on the same month? His problem, and not the county or state.
We are thinking of retiring to Marion County from Palm beach next year. Can anyone give feed back on how the treat SO’s. Palm Beach has been very fair over last 20 years.
WORLDWIDE PLANETARY BULLETIN: STAY AWAY FROM FLORIDUH AT ALL COSTS
If you are already in Floriduh, stay where you are if you can handle the restrictions. Once you move, you are on blast. All of Marion County will be made aware of your arrival and prepare a “welcoming party”.
1,500 foot rule in effect in Marion:
https://library.municode.com/fl/marion_county/codes/code_of_ordinances?nodeId=CH9.5HURIRE_ARTIIISEPRSEOF
City of Ocala has same restrictions:
https://library.municode.com/fl/ocala/codes/code_of_ordinances?nodeId=PTIICOOR_CH15PUHESA_ARTISEPROF
Other municipalities in Marion may have same or different restrictions. Use same website as links provided to find additional municipalities.
https://www.flsenate.gov/laws/constitution#A1
SECTION 2. Basic rights.—All natural persons, female and male alike, are equal before the law and have INALIEANBLE rights, among which are the right to enjoy and defend life and liberty, to pursue happiness, to be rewarded for industry, and to acquire, possess and protect property. No person shall be deprived of any right because of race, religion, national origin, or physical disability.
How can a county ordinance which prevents anyone from acquiring, possessing and protecting property be lawfully enforced? It is a clear violation of the basic rights within the Florida constitution. Any state residency law IMO also violate these basic rights.
The basic rights of acquiring, possessing and protecting property are “inalienable”;
https://share.america.gov/what-does-it-mean-for-right-to-be-inalienable
“The idea of an inalienable right is at the heart of U.S. democracy — a right that people are born with and that can never be taken away.”
A right to protect property requires that the person who acquired the property be with or on the acquired property.
“No person shall be deprived of any right because of race, religion, national origin, or physical disability.”
Unfortunately, registrants are not a protected class. We are a despised class with legislative carve outs designed to extract never-ending punishments and to deny rights granted to all other citizens and criminal classes. In order to challenge a law or ordinance, registrants must spend thousands of dollars for litigation, if they can even find a lawyer to take their case.
For the most part, organizations that tout constitutional adherence have turned a blind eye and lent a deaf ear to our cause.
Marion County? I’m shocked I tell you! (Sarcasm font)
Why please? Is Marion County like Polk? Give me some feedback before I buy a house there.
So, the office was closed and he couldn’t register. Hope his defense lawyer raises that issue.
Please comment at the bottom of the source story. Comments are open.
sorry but he knew he had to register in March and he had 31 days to get his rear end in there. He cant show up at 11:59pm on the 31st and expect to renew his registration. He has no excuse. On my registration renewel months I am there in the first week because I know they do not give us any slack on this. This is like me explaining to the lottery commission that I meant to use those exact numbers the day before but forgot or was just busy. Sorry hoss, you knew the rules, you knew the procedures, you choose not to comply. Pay the price.
He is not to be condemned for failing to follow unconstitutional rules. These are moments to rally against an oppressive State, not to encourage undissenting conformity.
Until the courts finally make the rulings we all know to be just, this draconian laws are the law of land and if you dont follow it, you will be prosecuted. Period. They do not give us any breaks. If he wants to be a martyr for the cause, bless his heart. Personally, I’d rather continue to live my life, such as it is, on this side of the barbed wire.
You are so right Kevin..Amen to you
Closed on Wednesdays? Seriously the place is closed on Wednesday? Does the sherrif take Wednesdays off to wash and polish his horse and buggy? This is insanity. God I hate these stories like this. This is so damn stupid. I can see if we commit a real crime. But one damn day.
Just makes me wanna say damn alot.