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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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My son just spent 5 years in jail due to having sex with a

Customer Question

My son just spent 5 years in jail due to having sex with a minor. She was 13, he was 21. He was told she was 17 by her parents and by her. When my son refused to comply with the step-father's demands, they revealed her age and called the police. My son is not the only person this has happened to and each subject has been sued by the parents. (She has a child with a male teacher who is also now in jail.) The DA in Louisiana says my son will not have to register for the Sex offender registry if we can find precidence to reduce his charges from a felony and needing to register, to a misdemeanor. We have until noon tomorrow to come up with this. how can I find this information?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Samuel II replied 1 year ago.


This is Samuel and I will discuss this and provide you information in this regard.

HERE is a link to the Louisiana statute on sexual offender registration.

It provides for situations where the term of registration may be reduced.

(2) The lifetime registration period established in Paragraph (B)(2) of this Section may be reduced to a period of twenty-five years if the offender was adjudicated delinquent for the offense which requires registration and maintains a clean record for twenty-five years upon petition to be relieved of the sex offender registration to the court of adjudication for those adjudicated in Louisiana, or court of the parish of residence for those adjudicated under the laws of another state, or military, territorial, foreign, tribal, or federal law.

(3) For purposes of this Subsection, an offender maintains a "clean record" by:

(a) Not being convicted of any offense for which imprisonment for more than one year may be imposed.

(b) Not being convicted of any sex offense.

(c) Successfully completing any periods of supervised release, probation, or parole.

(d) Successfully completing an appropriate sex offender treatment program by a registered treatment as provided in R.S. 24:936 or an appropriate sex offender treatment program certified by the Attorney General of the United States.

As to finding case law, I suggest you will want to consider contacting the Law Librarian, usually located in the courthouse law library and ask them to help you find such case law.

Now, under Louisiana statute for a felony sex offense, the court may suspend the sentence and instead order the defendant to serve a number of years of state probation in lieu of incarceration. If that happens, then the felony can be reduced to a misdemeanor upon completion of the probation as stated above and no registration is required.

You can read those Louisiana Statutes HERE Under the 893 plea agreement, the conviction is deferred. This means that your guilty plea is not accepted by the judge, but instead put aside while you complete your probation. If the offender completes the requirements of your probation, which will include:

1) staying out of trouble for a certain period of time,

2) classes,

3) community service,

4) counseling,

5) random drug testing and 6) payment of fines or restitution, the judge will dismiss the charges.

Perhaps, the judge was wanting you to find the above appropriate statute for a first offender plea.

Expert:  Samuel II replied 1 year ago.

The point is your son can take a plea to guilty and if he does, under the plea the DA and the Judge can agree to place him on probation and if the terms and conditions are fully and satisfactorily complete, then at the end of the probation the matter will not be recorded as a guilty but instead can be expunged and no sexual registration is required.

Customer: replied 1 year ago.
He has already done his time. He did 5 years of flat time, no probation or parole. He has been released and has 72 business hours to register. That 72 hours is over today and will need to register today. My concern is that if he registers, then his sentance is reduced, he will be on the registry for the rest of his life anyway.
Expert:  Samuel II replied 1 year ago.

I see. Well, the statute states there are ways for him to have the registration reduced. And so once the felony is reduced, he can Petition to have the registry requirement removed. Case law can be found with the Law Librarian.