A year ago we posted a warning about a lawyer from Texas, Teri Estes-Hightower, who was using the Florida Sex Offender’s registry to solicit people for a “class action” lawsuit in Florida against the registry. While this all sounded great to some who didn’t know better. Those with experience in registration matters and constitutional law saw this as a disaster. Her firm had filed a similar case in Texas that was dismissed.
When we were first contacted by members who received the mailer, we called Ms. Estes-Hightower to find out more about the case. We quickly realized she was not equipped to take on a case of this magnitude, had no clue which claims she was going to bring and was completely unfamiliar with the Florida registration statutes. Unfortunately, many people bought into the hopes she was selling and signed on to her case.
Over a year ago, we wrote, “While the firm did file lawsuits, in the opinion of attorneys familiar with the issues and the pleadings, the cases were very rough from the get go. With respect to the TX case we were told, “existing precedent in the Fifth Circuit was already in place that rendered each and every one of Estes-Hightower’s claims frivolous.”
So what did she do after her Texas case was dismissed??? She appealed that loss to the 5th Circuit, which yesterday affirmed that dismissal, making for very bad precedent.
We can’t say whether Estes-Hightower is an opportunist who needed to file “something” after collecting retainers from dozens of people or whether she had good intentions and is just WAY over her head. What we do know is that unless she reaches out for help IMMEDIATELY in her Florida case, she stands to screw people required to register in Florida royally!
Does anyone remember the attorney that was claiming he could take people off the Florida registry? trying to find his name so i do not get scammed
In Florida?
There are two ways off (not even death gets you off). One is under the Romeo and Juliet provision and the other is 943.0435(11). To qualify under the latter, you must have been off probation without any subsequent arrests for at least 20 years (or 25 if after 2006). If you meet these criteria, contact [email protected] for a referral, depending on where in the state you live.
FAC
You keep saying that we can get off after 20 years if we fall under the old rules but I have called at least 9 lawyers who all say they won’t even take the case unless it is 25 years as they retroactived us in. They say you are wasting your money otherwise as you are guaranteed to lose.
Their words not mine. Makes me wonder because if they thought they could win, they would take my case. My case was 30 years ago but got off probation in 2003 so by your comments, I could go to court in 2023?
I was hoping we would get some wins by then. Heck if there are no wins by then and I get removed, I am going to try to use my Criminal law degree ( only an Associates degree ) to be a law clerk or something to help with the cause.
Even when I worked in law enforcement, I always wanted everyone that was arrested to be treated fairly. I got a lot of slack for being a do gooder, bleeding heart.
I’m currently in between court dates on a registry removal petition.. My case is very old. And I can tell you first hand that what FAC is saying is spot on about case law and persuasive precedent. The judge postponed my date just to read the case law my attourney brought to court. It’s very important from what I can see. I may have a chance if she decides it weighs in my favor. Fingers crossed.
Thanks to the FAC for all they do. That’s why I’m a contributing member.
Not Steve. Hope and prayers for you to get removed. If you have gone that long without incident, you deserve it as none of us asked for these “After the fact” registries.
They keep saying they are civil but they are also unfair because the registries are not applied to all ex-felons. Where are the robbery, car jacking, shooting, and drug dealer registries? Where are the scam arrests registries who rip off our parents and grand parents?
When you go back to court, make sure to bring some family members to testify how this time has impacted them as if they were also on the registry right there with you all along.
I wish you success in your petition!! I was just successful in being removed from the registry through petitioning. I thank the Almighty Father above and my lawyer that was excellent in handling my petition and very professional and had case laws to present before the judge that ruled fairly on this matter. It is good that the judge is taking the time to research the case law before making her decision. I hope she will be fair and give you the freedom from this burdensome registry.
could you tell us the name of your lawyer ? it would be nice if more lawyers would get involved with RSO cases especially those of us with 20 plus years on the registry its hard to find a good lawyer in Duval County but I keep trying one day maybe Ill find one concrats on getting off the registry
If it had been 20/25 years since the end of your sentence I am not surprised as you can do that. My attorney wouldn’t take my case to be removed because I have a few more years until the 25 years since my sentence ended. It has been 30 years since my arrest.
I do not know anyone who has gotten off that has not passed the 20 year mark since the end of their sentence in Flora-duh
I’m sad to say the initial prospects and final outcome of the Estes-Hightower lawsuit in Texas was easily predictable, and in fact IT WAS predicted by every attorney I know with experience in this area of law (long before it was filed). The purpose of this post is not to say “I told you so.” It truly pains me that so many on our side were separated from so much money. Rather, I want all y’all in Florida to know that, in contrast to the Estes-Hightower lawsuit that still remains pending in Florida, I am cautiously optimistic about (and continue to have hope for) the separate lawsuit filed in Florida, for Floridians, by an attorney of Florida, Val Jonas. I trust Val, and admire her legal skills. So, don’t let the deceit and/or incompetence of one attorney sink your hopes, even if that one attorney appears to had the good fortune to have been born in Texas. The road is tough, but we’ll all get through this, in time, I think. Just be careful about who you trust.
Thank you, Richard Gladden. My confidence in OUR attorney is unaffected, other than they now have a steeper hill to climb, and that’s what makes me disappointed.
So this may have ruined our expo facto case chances?
I had an attorney who wanted to take my case before the courts but told him #1 to hold off until after the expo facto case and #2 I didn’t want to do it because he said I could not be anonymous.#3 I was not going to sell my organs to pay for a case there was no guarantee would be successful.
He has won numerous cases getting people off the registry, but most if not all were people whose sentences ended well over 25 years ago.
No, but it certainly creates damaging persuasive precedent.
Speaking on that subject, is there any tentative date for the next hearing on the Fla expo facto?
I know in the past you said they could potentially delay for years?
Ex Post Facto? Oral arguments are in three weeks.
LOL yeah the Latin gets me every time.
A shady and greedy law firm willing to screw people over for money!
No…someone call Hollywood and sell this unique idea – oh wait – that is SOP with lawyers…never mind!
Sex offenders are not seen as human but simply cash cows for exploitation by politicians, lawyers, and of course – corrupt law enforcement!
Happy Holidays!
Here is the link to the case named at Jojn Does 1-7 v. Greg Abbott.
http://www.ca5.uscourts.gov/electronic-case-filing/case-information/current-opinions
Please cite the case or provide a link so we can all read about what happened. Thanks!
http://www.ca5.uscourts.gov/opinions/pub/18/18-11620%20Does%201-7%20v.%20Abbott%20Opinion.pdf
Does this mean my ex post facto challenge $ has all gone to waste?
Not at all
Val Jonas and Todd Scher, I their latest filing, have done a great job minimizing the damage from the Texas firm’s failure and virtually neutralizing an adverse ruling there.
Referring, of course, to their latest response to the state’s motion to dismiss Does.
Great job!
If thats the case where we will be harmed and she has been put on notice to the same could she then be sued by the members of the florida hit list?
What the heck!!!! What can we do? Can we contact the plaintiffs and inform them?? This is very worrisome!!
If she’s that sincere, she should team up with attorneys who know what they’re doing.