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Legalease
Legalease, Lawyer
Category: Criminal Law
Satisfied Customers: 14451
Experience:  13 years experience in criminal law, BA in criminal justice
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My grandson was charged with 261.5(C) PC, spent almost two

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My grandson was charged with 261.5(C) PC, spent almost two years in prison, and has been out and on parole for one week. He just turned 18 when had sex with 14 year old. They were both at a woman's house who gave them shelter, and booze, and sex. My grandson had been kicked out by his mom, without food, money, and only the clothes on his back. He had never worked, never been away from home, and was raised and schooled in a conservative Pentatcostal Church. Very naive, poor education. Also born with fetal alcohol syndrom, according to his mom. Spent early teen years severely depressed and in and out of mental hospitals because he tried several times to commit suicide. Abusive home life, stil very dependanat on mom emotionally. MY QUESTON: HIS PAROLE IS UNDER JESSICA'S LAW REQUIREMENTS. HIS GRANDPARENTS ARE PAYING FOR MOTEL ROOM BECAUSE HE CANNOT LIVE ANYWHERE ELSE LEGALLY. DOES HE FIT JESSICA'S LAW? MAKES NOT SENSE. HE NEEDS JOB TRAINING, COUNSELING, OR CANNOT GET JOB AND PAY FOR MOTEL. WE CANNOT CONTINUE OVER $1,000 per month for his shelter. HELP!!
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Legalease replied 3 years ago.

Hello.

 

So, everywhere that your Grandson may live at this time (his mom's, your place) are all within 2,000 feet of a park or school where children may gather?

 

Customer: replied 3 years ago.
Of course. Plus, I am told he cannot even live with family if there is a minor liviing there, regardless of the relationship. A report by San Quinton Law Library says that there is nothing in Jessica's Law that says a sex offender cannot live with family, even if there is a minor residing there.

But, you missed my questions? Does my grandson fit into Prop 83 even, based on the charge and his age, and the difference in age, etc?
Expert:  Legalease replied 3 years ago.

I didn't miss your questions -- I am looking into this for you -- I happened to come across some challenges to Jessica's law based upon the fact that it leaves persons (like your grandson) with no where to live at all. I will include that in my final answer. Please give me 15 minutes or so, and check back for an Answer.

 

--Mary

Customer: replied 3 years ago.
Based on the 2,000 foot, and no minors in residnce, my grandson only had choice to pay for motel - and only a few are in area acceptable. My ex husband and I have now paid $1,500 - the limit to our resources, and then he will be without shelter. No shelter programs or training will give him night lodging.

By the way, the court recores do not show at all his history - very important info missing like the fact that he was kicked out of his home, and not "sharing " home with woman who used him sexually and plied him with liquor every day. He was a co-defendant, vs another victim of this woman. I believe a decent attorney could have charges dropped iin his case, but it would have to be pro bono work. I am praing the language in Prop 83 gives the original age fourteen as limit to victim age, and difference between ages at 7 which was proposed originally. My grandson was just 18, and girl was 14 - she was runaway, he was homeless. Both vulnerable.
The codefendent, different county, was provided with 2 weeks motel room paid by the county - my grandson given nothing. Came out of prison with $200 - he spent $180 on clothes - he had nothing but the raggedy chothes on his back . Had to wait five days to even see his PO. He was given the GPS device, told acceptable motels - costing from $78 to over $100 per night. Most of these will not accept anyone under 21. His step father registered him under his own name, but did not stay with him. HE still in motel under an adults name. He has less than a month now to earn enough or sleep on street. Will he be forced to prostitution? He wants to further his educ., work, have a future. Have we as voters taken away any options for him but a life of criminal activity? I believe the dept corrections has changed for their own reasons the people being affected by Prop 83 - your own web site about 263.5 does not mention Jessica's law. Thus, you do not mention those restrictions.
Expert:  Legalease replied 3 years ago.

Hello again. You are correct that Proposition 83 (Jessica's Law) does not specifically include the charge for which your grandson was convicted (Ca PC 261.5(c)). Proposition 83 specifically covers any offenses under PC 290 (c). However, there is a catch-all in Proposition 83 that your grandson probably fell under. A criminal defendant charged with a sex crime (any sex crime) that is not specifically listed in 290(c) may be required to register with local authorities under Jessica's law if the judge or the jury finds that the defendant committed the crime he / she was charged with "as a result of sexual compulsion or for purposes of sexual gratification". This determination is made at the time of sentencing by the Judge or the Jury. So, my bet is that the judge or jury who passed judgment and imposed the sentence made the determination that the intercourse your grandson had with the 14 year old was committed as a result of sexual compulsion or for purposes of sexual gratification (which I think is a bit ridiculous -- if he swore in court that he was madly in love with the 14 year old and did not know her true age, he might have been able to keep that particular determination from being made, possibly).

 

SO, the probation officer is correct -- in order to get out of registering pursuant to Prop 83 and to have the living area restrictions lifted from your grandson, he must file a state petition for writ of mandate in the superior court where he was initially convicted and challenge the determination made by the judge or jury that he committed this act "as a result of sexual compulsion or for purposes of sexual gratification". (the recent case of People v. Picklesimer, Mar 15, 2010, WL891304 sets out the procedure for challenging the classification of a person under prop 83). If that is not successful, then the CA Supreme Court has ruled that it may be unconstitutional to prohibit persons required to register under Prop 83 from living within 2,000 feet of schools, parks, etc. if that is the only place that they have to live (eg, the family lives in such a location) and applying the law would leave the person homeless.

 

Because Jessica's law / Prop 83 is so new, I am certain that prosecutors and judges are confused about the application of the language above to crimes other than those under 290 (c) and my bet is that the rulings at this point are all over the board, and he or you will have to hire a criminal attorney to bring this challenge on his behalf to the superior court where he was convicted. I know it may be a bit pricey to have an attorney do this for you -- but this will affect your grandson for the rest of his life, so the time to get the matters straightened out is now while the case is still fresh in the court system.

 

GOOD LUCK

 

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THANK YOU

 

Legalease, Lawyer
Category: Criminal Law
Satisfied Customers: 14451
Experience: 13 years experience in criminal law, BA in criminal justice
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