derekrsirois
New Member
I am trying to get removed from the sex offender registry even if it's temporary. I have drafted a motion to do so, however there are a few questions that I have about additional information that I could add to it. I'll copy and paste the text below from what I've written so far. I would appreciate any feedback or criticism. It's not complete yet, I have to add my argument and explain everything. I do know that the Supreme Court did decide that sex offender registries were not unconstitutional, so does that mean that ruling would be used as a blanket answer to anyone that had a pending motion to declare being on the registry unconstitutional. Could the state attorney's office here in Florida use that to deny this motion? Would Florida's ex post facto clause in the Constitution protect me from them using that ruling being that everything in my case happened before that ruling, and the passing of the Adam Walsh Act?
Here's what I've gathered so far
MOTION TO REMOVE REQUIREMENT TO REGISTER AS A SEX OFFENDER
Comes now, the Defendant, Pro Se, and moves this Honorable Court to remove the requirement to register as a sex offender as described in F.S 943.0435. In support of said motion, the Defendant states the following:
STATEMENT OF THE FACTS
In January of 2000, the Defendant was ordered to complete 3 years of probation for a violation of F.S 800.4, which also means that he is required to register as a sexual offender as described in F.S 943.0435.
On January 13th 2000, Defense council filed a motion to declare F.S 943.0435 unconstitutional as to the Defendant. (Exhibit A)
On January 24th 2000, the Late Honorable Judge Robert G Barron granted this motion to declare F.S 943.0435 unconstitutional and ordered that the requirements be waived until it was determined if the application of these requirements to the defendant is or is not unconstitutional. (Exhibit B)
Presently, to this day, there is not an order, judgment, or finding (verbal or written), that states that there was a decision made as to the unconstitutionality of applying F.S 943.0435 to the Defendant, nor is there an order (verbal or written), that cancelled, voided, or nullified the above mentioned order in existence. This motion is still pending and active due to the lack of any final decision in this matter. This Order is still active and open.
According to the Florida Department of Law Enforcement, and Okaloosa County Sheriff's office, the Defendant is required to comply with 943.0435
The offense that led to the Defendant being designated a sexual offender occurred in August 16th of 1999. The motion to declare F.S 943.0435 unconstitutional (Exhibit A), was filed by defense council on January 13th 2000. The Late Judge Robert G Barron. Granted said motion and ordered that Sex offender registration shall be waived, (Exhibit B). The order of termination of probation and completion of the sentence imposed was filed on June 16th of 2004. All of the dates mentioned above were prior to the passing of the Adam Walsh Act (SORNA).
Article I section 10 of the Florida constitution prohibits ex post facto laws. There is no language in the Adam Walsh Act that suggests that it is to be applied retroactively or exempting it from the ex post facto clause in Florida's Constitution, thus granting this motion to waive 943.0435 as to the Defendant would not conflict with the Adam Walsh Act.
Here's what I've gathered so far
MOTION TO REMOVE REQUIREMENT TO REGISTER AS A SEX OFFENDER
Comes now, the Defendant, Pro Se, and moves this Honorable Court to remove the requirement to register as a sex offender as described in F.S 943.0435. In support of said motion, the Defendant states the following:
STATEMENT OF THE FACTS
In January of 2000, the Defendant was ordered to complete 3 years of probation for a violation of F.S 800.4, which also means that he is required to register as a sexual offender as described in F.S 943.0435.
On January 13th 2000, Defense council filed a motion to declare F.S 943.0435 unconstitutional as to the Defendant. (Exhibit A)
On January 24th 2000, the Late Honorable Judge Robert G Barron granted this motion to declare F.S 943.0435 unconstitutional and ordered that the requirements be waived until it was determined if the application of these requirements to the defendant is or is not unconstitutional. (Exhibit B)
Presently, to this day, there is not an order, judgment, or finding (verbal or written), that states that there was a decision made as to the unconstitutionality of applying F.S 943.0435 to the Defendant, nor is there an order (verbal or written), that cancelled, voided, or nullified the above mentioned order in existence. This motion is still pending and active due to the lack of any final decision in this matter. This Order is still active and open.
According to the Florida Department of Law Enforcement, and Okaloosa County Sheriff's office, the Defendant is required to comply with 943.0435
The offense that led to the Defendant being designated a sexual offender occurred in August 16th of 1999. The motion to declare F.S 943.0435 unconstitutional (Exhibit A), was filed by defense council on January 13th 2000. The Late Judge Robert G Barron. Granted said motion and ordered that Sex offender registration shall be waived, (Exhibit B). The order of termination of probation and completion of the sentence imposed was filed on June 16th of 2004. All of the dates mentioned above were prior to the passing of the Adam Walsh Act (SORNA).
Article I section 10 of the Florida constitution prohibits ex post facto laws. There is no language in the Adam Walsh Act that suggests that it is to be applied retroactively or exempting it from the ex post facto clause in Florida's Constitution, thus granting this motion to waive 943.0435 as to the Defendant would not conflict with the Adam Walsh Act.