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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
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Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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WA State Criminal Law Questions 1.) Is there a law preventing

Resolved Question:

WA State Criminal Law Questions:

1.) Is there a law preventing sex offenders from working within a minute from a school?
2.) Charges filed on July 16, 09. While awaiting trial the offender was able to continue working within a minute from the school his child victim attended. (The employment property was one location he assaulted the child)
3.)After the perpetrator pleads guilty to 6 counts of child rape in July of 2010, what makes him eligible for work release, to go back to work at the same location?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 4 years ago.
No, the WA sex offender registration law does NOT contain any provision that a sex offender cannot work within a minute from a school. Under WA law, the restrictions are based on what level offender the person is (Level 1, least severe to level 3, most severe). Thus, in this issue it all depends on what the court rules and enters in his conviction order as to whether or not he can work at the same location.

As far as early release, this is something that is based on a combination of factors including the space at the jail, his behavior while in jail and participation in various treatment programs will in jail.


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Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 92624
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 6 other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.
He pleads guilty to 6 counts. Allowed to go back to work at the same location he assaulted the child which is less than a minute for her school. He is able to continuw eorking there for a whole year while awaiting trial. He pleads guilty one year later to all 6, and goes to jail..long enough to get his work release. Once he has work release he is able to go back to work at the same location until sentencing on August 12th. On Aug 12th, his sentencing was continued due to not having a SOSSA eval back, and he was able to leave and go right back to work there.

Victims mom after a year of this is fed up, and stood in front of the establisment with a sign that says a child rapist works at "*&^&*". The owner comes out and says he was not aware he plead guilty, but the prosecution tells that the owner did know. The owner contacts the mom, and states that he is no longer employed.

However, the family is not allowed to know what he is doing now. We know he does have a job, and believe he never left the actual establishment.

Questions:
1.) Has this not been irresponsible of the state to put kids in harms way by him working there, so close to the school? He accessed this child from her school.
2.) Because their is a Lifetime SA Protection order, does the family not have the right to at least know what the vicinity is? He was 35, child was 14.
3.) He has 6 felonies, but no sex offender status yet because he hasn't been sentenced. Isn't that also irresponsible?
4.) What can we do to change the laws?


Thank you so much for your time!
Expert:  Law Educator, Esq. replied 4 years ago.
1) yes it is irresponsible, but the sex offender laws cover where someone lives, but not works.

2) The protection order merely keeps him away from the victim, but you do not get to know where he is. They do not GPS monitor sex offenders. He must register for his address where he resides. If you want more then you have to work with the politicians in your area to change the law to get more with registration.

3) No, the law states he must register when he is sentenced. I understand how upset you are, but the laws unfortunately do have to take into consideration the rights of the individual defendants as well as the victim.

4) Changing the laws, unfortunately as we got Megan's Law many times it requires a terrible incident to motivate your legislature to change the law, but working with the legislators is the only hope you have at changing the law.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 92624
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 6 other Criminal Law Specialists are ready to help you

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