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SORA registration Sex Crimes, Sex Offenders

Discussion in 'Criminal Charges' started by Michael Singleton, Dec 3, 2021.

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  1. Michael Singleton

    Michael Singleton Law Topic Starter New Member

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    Jurisdiction:
    New York
    Does NYS SORA law have a fundamental fairness and due process requirement for registration of other States convictions, in as I am being required to register to another States repealed Statute's conviction of 2003 and repealed 2012 and it's State Supreme Court having ruled it's lifetime registry requirement unconstitutional without having had Judicial review since 2003 ?
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Fairness is in the eye of the beholder. In this case it's the NYS legislature that is the beholder that counts.

    As for due process, that is certainly addressed in Section 168-k of the statute.

    Sex Offender Registration Act - NYS DCJS

    Did you do any of that?
     
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  3. Michael Singleton

    Michael Singleton Law Topic Starter New Member

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    Thanks for your reply. I will look into your posted response.
     
  4. justblue

    justblue Well-Known Member

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  5. army judge

    army judge Super Moderator

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  6. Michael Singleton

    Michael Singleton Law Topic Starter New Member

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    No I was not in that sting, I am still in the The Commonwealth Court of PA. Ineffective assistance of counsel is warranted on the Super. Court ruling. No State has the Legal Authority to convict based on a repealed Statute's Code of over 7 years ago, unconstitutional lifetime registry requirement,
    and without fair notice being given.
     
  7. Zigner

    Zigner Well-Known Member

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    Yawn
     
  8. adjusterjack

    adjusterjack Super Moderator

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    The ruling in one state is not binding on any other state. That the law was unconstitutional in PA would need the US Supreme Court to make the same ruling for every state for it to also be unconstitutional in NY.

    Sorry, but it looks like you are stuck with lifetime registration in NY unless you can get your conviction set aside in PA or maybe just move back to PA if you no longer have to register.
     
  9. Michael Singleton

    Michael Singleton Law Topic Starter New Member

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    Thanks.
     
  10. Michael Singleton

    Michael Singleton Law Topic Starter New Member

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    Yes that was me in 2010.
     
  11. Michael Singleton

    Michael Singleton Law Topic Starter New Member

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    Qualifying convictions consist only of those obtained with sufficient safeguards for fundamental fairness and due process of the accused, SORNA National Guidelines 1-17-2017. So can a States' unqualified conviction still be enforced under NYS SORA ?
     
  12. Michael Singleton

    Michael Singleton Law Topic Starter New Member

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    How do I get redress on the actions taken against me in 2021 for a breech of a 2012 signed contract in a State from NYC when I am being denied legal assistance do to my poverty ?
     
  13. adjusterjack

    adjusterjack Super Moderator

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    What actions?

    What contract?

    Who is denying you legal assistance?

    What does your poverty have to do with it?
     
  14. adjusterjack

    adjusterjack Super Moderator

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  15. cbg

    cbg Super Moderator

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  16. Michael Singleton

    Michael Singleton Law Topic Starter New Member

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    The closest is foreign convictions. Thanks for this.
     
  17. Michael Singleton

    Michael Singleton Law Topic Starter New Member

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    I have a SCDPPP Notice Of Return/ contract signed in 2012.
     
  18. Zigner

    Zigner Well-Known Member

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    It is EXTREMELY unlikely that what you have is a "contract".
     
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  19. adjusterjack

    adjusterjack Super Moderator

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    Then nobody's denying you anything. I don't see any solution to your problem. You'll have to stay registered in NY until you can afford a lawyer if you have already exhausted any other possibilities.
     
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  20. adjusterjack

    adjusterjack Super Moderator

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    You posted your "contract" in conversations. I don't do private discussions. You can post it here. Bottom line, though, it's not a "contract." It's your agreement to abide by the law.

    Yes, lifetime registration "without judicial review" was declared unconstitutional by the SC Supreme Court earlier this year. However, since you no longer live in SC, that seems to be irrelevant since it's not binding on NY.

    You live in NY and are subject to NY's Sex Offender Registration Act:

    Sex Offender Registration Act - NYS DCJS

    Note that the statute has provision for petitioning the court for relief or modification of your registration requirement (Section 168-o).

    See also:

    Sex Offender Petition for Relief or Modification | NY CourtHelp (nyplace.org)

    I haven't been able to find any DIY forms online but I did find this article regarding the process. This is not a referral. Any criminal defense attorney can help you.

    How to Modify or Reduce Sex Offender (SORA) Level in NYS | King Law (robertkinglawfirm.com)

    You might stop in at your local court and see if there is some kind of forms and instructions packet. If not, you might find samples at a law library (google NY law library for one near you).

    Unfortunately, if you cannot figure out how to do this yourself you'll have to wait until you can afford to hire an attorney.
     
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