When a person in Weld County is convicted of a sex offense, they will be required to Register as a Sex Offender. If they do not register as required, then Failure to Register as a Sex Offender can be charged. Requirements for the registration are detailed and specific, and many well intentioned sex offenders have been arrested for making a minor mistake. Below, the top attorneys at the O’Malley Law Office will discuss what happens when you Fail to Register as a Sex Offender. If you are facing this charge in Fort Collins or Larimer County, you can get help here.
Legal Definition of Failure to Register as a Sex Offender, C.R.S. 18-3-412.5, in Greeley, Colorado
In Greeley, Failure to Register as a Sex Offender, C.R.S. 18-3-412.5, can be charged if a person has done any of the following:
(a) Failed to register as required by article 22 of title 16, C.R.S.;
(b) Submission of a registration form containing false information or submission of an incomplete registration form (tons of details are required – and any changes must be reported);
(c) Failure to provide information or knowingly providing false information to a probation department employee, to a community corrections administrator or his or her designee, or to a judge or magistrate when receiving notice pursuant to section 16-22-106 (1), (2), or (3), C.R.S., of the duty to register;
(d) If the person has been sentenced to a county jail, otherwise incarcerated, or committed, due to conviction of or disposition or adjudication for an offense specified in section 16-22-103, C.R.S., failure to provide notice of the address where the person intends to reside upon release as required in sections 16-22-106 and 16-22-107, C.R.S.;
(e) Knowingly providing false information to a sheriff or his or her designee, department of corrections personnel, or department of human services personnel concerning the address where the person intends to reside upon release from the county jail, the department of corrections, or the department of human services. Providing false information shall include, but is not limited to, providing false information as described in section 16-22-107 (4)(b), C.R.S.
(f) Fails, when registering, to provide the person’s current name and any former names;
(g) Failure to register with the local law enforcement agency in each jurisdiction in which the person resides upon changing an address, establishing an additional residence, or legally changing names;
(h) Failure to provide the person’s correct date of birth, to sit for or otherwise provide a current photograph or image, to provide a current set of fingerprints, or to provide the person’s correct address;
(i) When moving, failure to complete a cancellation of registration form and file the form with the local law enforcement agency of the jurisdiction in which the person will no longer reside pursuant to section 16-22-108 (4)(a)(II);
(j) When the person’s place of residence is a trailer or motor home, failure to register an address at which the trailer or motor home is lawfully located pursuant to section 16-22-109 (1)(a.3), C.R.S.;
(k) Failure to register an e-mail address, instant-messaging identity, or chat room identity prior to using the address or identity if the person is required to register that information pursuant to section 16-22-108 (2.5), C.R.S.
If I Move, Do I Have to Register as a Sex Offender in Colorado or Another State?
The short answer is “yes”. If you are charged with a sex offense that requires you to Register as a Sex Offender, then if you move from Colorado or into Colorado you need to notify the local law enforcement where you will be living, and the old law enforcement office where you previously lived. It is important to remember: you must 1) notify the state that you were living in that you are moving and, 2) notify the state you are moving into. Not notifying a state that you are a Registered Sex Offender could cause you to face a Failure to Register as a Sex Offender – which can be a felony or misdemeanor.
Penalties and Sentence for Failure to Register as a Sex Offender in Weld County
The sentence and penalties for Failure to Register as a Sex Offender in Weld County are dependent on whether you are a juvenile, if you were convicted of a misdemeanor, or if you were found guilty of a felony sex offense. For a juvenile, the penalties for not registering are 30 days of detention if their sex offense would constitute a misdemeanor or 45 days if their sex offense that would constitute a felony if committed by an adult. A first offense of Failure to Register for an adult convicted of a misdemeanor is and class 1 extraordinary risk crime with penalties of up to 18 months in Weld County Jail, and a fine of up to $1,000. Someone with a felony sex offense conviction who fails to register faces a class 6 felony with penalties of 1 – 1.5 years in a Colorado State Prison, and fine of $1,000-$100,000. It is important to note that these sentences and penalties are for first time Failure to Register as a Sex Offender cases. Second and subsequent offenses have more severe sentence and penalties.
Common Defenses to a Failure to Register as a Sex Offender in Windsor and Greeley, Colorado
In Windsor and Greeley, Colorado, there are a few common defenses that can be raised if you are facing a Failure to Register as a Sex Offender charge. Having a skilled and aggressive criminal defense attorney can help you with your case. Common defenses all focus on the reason you could not register, and whether that situation surrounding your Failing to Register was outside of your control. Another important fact might be whether you registered as soon as your situation changed. Let our attorneys learn the facts about your case and get the best outcome.
If you or a someone you love has been charged with Failure to Register as a Sex Offender, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.
The location for the Weld County Courthouse is 901 9th Avenue, Greeley, Colorado. We’ll see you there!
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