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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 111657
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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In the state of WV my grandson (24) was charged with battery

Customer Question

In the state of WV my grandson (24) was charged with battery with sexual intent and he pleaded it down to misdemeanor and served 6 months. Also had to register as a
sex offender, which is in appeal. We were told by our counsel that as long as an appeal is in process he would not have to register until appeal was heard. Now he is being told he has to register now. Please advise which is correct, thank you
***** ****
Submitted: 5 months ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unless your son's counsel filed a motion to stay judgment, which would mean he does not have to register, the sheriff will expect your son to register as required, since all the sheriff's office shows is a conviction and it does not show anything about that conviction and terms of the conviction being on hold pending appeal. So you need to inform the attorney that because your son is being told something opposite of what he told your son, you need him to get the court to issue an order so your son can file it with law enforcement and not be penalized for not registering.
If he is yelling and cussing you out, then that could potentially be deemed malpractice and grounds for you to sue him to recover all of your $15,000 you paid him for that negligent conduct, in addition to filing a complaint with the state bar association against him for improper conduct.
Customer: replied 5 months ago.
I called our counsel and he said he has never heard this motion to stay judgement in reference to sexual offenders registry
He said they use it in case of DUI. If you have some documentation showing that it can please forward me the references.
Thanks
Cindi
Expert:  Law Educator, Esq. replied 5 months ago.

Thank you for your it is the same motion.

In any criminal case, pending appeal the defendant can ask the court to stay enforcement of the provisions of the conviction upon proving to the court a reasonable chance of success on the merits of their appeal. A motion to stay is the same in any criminal case, it is just asking the court to delay enforcement until the appeal is done. That is the only legal mechanism to do what you are asking though. There are no other ways to do what you want.

Customer: replied 5 months ago.
This is the response I got back from our counsel. And yes I do plan on suing him for malpractice and turning him into to the
State Bar Assoc. He is either on drugs or just plain nuts. I have been a professional all my life and I never experienced the conduct this attorney showed. I have never been so appalled in all my life.
From: ****** *****
Sent: Tuesday, June 28, 2016 11:54 AM
To: ***** ****
Subject: Re: **** ********
ALEX MUST REGISTER NOW! THERE IS NO STAY. JUDGE FRYE WILL NOT GRANT IT. I TOLD ALEX TO REGISTER NOW.
On Monday, June 27, 2016 3:51 PM, ***** **** wrote:
WE WERE TOLD BY YOU THAT AS LONG AS AN APPEAL
WAS IN PLACE ALEX WOULD NOT HAVE TO REGISTER AS SEX OFFENDER.
NOW HE IS BEING TOLD HE DOES.
DID YOU FILE A MOTION TO STAY JUDGMENT? IF NOT PLEASE TELL
ME ITS NOT TOO LATE TO DO IT.
***** ****
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your reply.
Well, there is a big difference in whether or not the judge will grant the stay and whether or not you can file for the stay. So while you can file for the stay, the judge has the discretion to grant the stay and it is still up to the judge and is not automatic.

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