The other issue is whether his parole officer knew he was living in a home with a child. Community Supervision often imposes tougher restrictions on its supervisees regarding contact with minors when they have a sex offense in their background. My first advice is to consult with a lawyer in your home state to make sure that you cannot get a removal there first.
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If you have exhausted that alternative, then, yes, it is possible that you can seek removal in Georgia. There is no way to assure you that it will be successful, and you face the difficulty of establishing yourself here. Then, you can petition for removal. That triggers classification. If you come up level 1, then you can proceed.
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If you are level 2, it depends upon whether ten years has passed since the completion of your original sentence. An adult probationer must request permission to move states. Such requests are evaluated at the local and state levels before being passed to the receiving state for consideration and approval. Such approval is subject to set rules about when a state can refuse and when they cannot. Hey Mr. Black, My boyfriend is convicted of aggravated child molestation.
This conviction was in and he is currently serving out his probation sentence with 8 yrs left. My boyfriend was living with family members temporarily and we he got ready to move out, their daughter [his cousin] begged him not to leave. He moved out and it made his cousin angry. At this time, he was 13 yrs old and she was The girl was at school and something happened to where school officials were questioning her and at that time is when she accused my boyfriend of the sexual acts against her.
There was no evidence against him and no investigation took place. In the court transcripts, it even states that she was under psychological evaluation. His father coaxed him in to signing a plea of guilty. My boyfriend was only seventeen at the time and took what his father said to heart and did what he told him to do, so he signed the plea bargain.
My first question is what are the laws regarding being charged as an adult in this scenario? We have read different legal papers and have come across the registering as a sex offender after or , one or the other, and this all happened in Is the registering as a sex offender only applying to convictions after or or can it be retro active to cases from My boyfriend was not ordered by a judge to register as a sex offender but his probation officer had him do that and he has had to do that ever since.
He has gotten a few violation of probation because of not having an address and not registering and served prison time for each violation. With that happening, he no longer had any restrictions that he had to abide by, only he had to keep registering as a sex offender.
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He served a couple years in prison for that and was released on parole. Now that he is on parole, he has the restrictions of sex offenders against him and has to get any address for residence approved to make sure its not within the feet of schools, churches, daycares, etc.. What are the laws on this type of situation? If he is a level 1 offender and the restrictions were lifted with his probation, why do they now apply just because he is on parole? He has 10 months left on his parole and we are facing difficulties because of these restrictions. He paroled out to another city and held a job until his supervisor found out he was a convicted sex offender then all of a sudden they let him go.
He is currently incarcerated for parole violation, no new charges or anything and his parole officer wanted him to sign a waiver to go back to prison and possibly up for parole in 6 months, he only has 10 months left. He refused to sign the waiver right then, wanted to discuss it with his mom and I first. Needless to say, Friday March 3 a warrant was issued for failure to register as a sex offender , at this point he has already been locked up for over 30 days and now he has accumulated a new charge, in addition to parole violation.
In the twenty plus years he has been on probation, he has never had a warrant by the county issued for failure to register to go along with probation violations. Is there any kind of law against this? You would think that the failure to register is under the umbrella of the parole violation.
In your legal opinion, do you think it would be beneficial to find an attorney and check in to the original charge being dropped and try for his probation to be dropped? His release is in The crime in which he committed was against their children.sfpeddie.dev3.develag.com/sitemap.xml
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A letter has already been wrote to him asking for him to terminate his rights but he denied our request. Depending on the facts, it is very unlikely that a judge would find that it was in the best interests of the children to have contact with someone who committed crimes against them serious enough to result in going to prison. Now might be the right time to pursue termination based on his crimes against the children, whether he agrees or not.
The first major question I feel like I can address is why does he have restrictions on parole when he did not have those restrictions previously. The answer is that the Parole Board determines the conditions that a person must abide by in order to be released early from incarceration. They have the authority to make those restrictions a condition of parole for persons with a prior sex offense conviction and they have chosen to do so.
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In this case, they prefer to look strict on sex offenders. It is not possible for me to agree that he had no choice but to go on the run or to move into a non-approved address or fail to notify the Sheriff of his new address. He may not have liked his alternatives, but his choices put him in a worse situation.
With the age of the original case, it may be difficult to challenge, but it is certainly worth sitting down with a lawyer who does criminal appeals and post-judgement work. I am confused as to how a juvenile offense triggered registration. That seems unusual. In , my ex-husband father of all three of my children was convicted of 2 counts of child molestation in the first degree wherein my two daughters were the victims.
He is eligible for parole as early as August I have written him a letter requesting that he voluntarily surrender any parental rights, to which he responded he would not. He is the only father they know and love. It is our wish for him to adopt my three children, and the children were happy to hear about this. My question is what is involved with having the state terminate his parental rights?
What would we be up against? What are our chances in Georgia to have his parental rights taken away? Another question that I have is how easy is it for parolees to enter the state of Georgia from another state once he is released? Unfortunately, in my divorce decree it says nothing about his rights.
It only states that I have sole custody of my children.
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If you have sole custody, then your ex-husband has no rights to have contact with the children. He would have the right to petition a court in the state that issued the order to establish visitation. That court may say yes, and it, more likely, will say no.
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You are likely to be successful in that effort. A person under parole or probation supervision may ask to move to another state if they have sufficient connections to the receiving state.
If your children are the only relatives he has in Georgia, and they were his victims, that is not a connection that should justify a request to move. I have a question regarding the regeistry. Are sex offenders required to register in the county they work in. That info is supposed to be provided by the sheriff of the county you live in. Is that correct? OCGA f only requires registration with the sheriffs of any counties where the registrant resides or sleeps. I was alerted by email that a SO moved into our subdivision. Our subdivision is directly across the street from an elementary school and we have several hundred children that are under 18 years old withing our small community.
I also know the bus stops at the end of his street. But as an extremely concerned parent, is there nothing I can do or we as a community can do to have him removed from the subdivision?? I know it is distressing that someone with a criminal history lives near you and your family, but that history does not mean that the person is a risk.
Unfortunately, the Georgia statute for child molestation covers a large amount of territory in terms of conduct. So, with no additional information, it is hard to evaluate whether that person is even a risk. Persons who are arrested and convicted of sex offenses are less likely to commit another sex offense than the general public. Stranger sexual assaults are very uncommon.
The best information that we have is that only about one-one hundredth of one percent of all missing children were abducted by strangers. Those are very long odds. In your situation, you can tell your children to stay away from that person. Georgia classifies sexual offenders as low or moderate risk or as sexual predators. Even if a situation where a person has not been leveled, the prison system is likely to have evaluated whether he or she is a predator. They represent a risk that he would be accused of something and cause him to be re-arrested.