Lawsuit Alleges that DOJ Violates Rights of Registered Offenders

San Jose DOJ Violates Rights Lawyer And Santa Clara Sex Offense Attorney

Late last year, a 62-year-old convicted sex offender was shot twice when he opened his door to leave his home. It was later discovered that the shooters had recognized the man from the Megan’s Law website, which publicly lists local sex offenders and their addresses. What the shooters were did not know, however, was that the man’s offense had taken place almost 20 years before. After the shooting, multiple registered sex offenders came forward, claiming that the outdated information on the Megan’s Law website was putting their lives in danger. Two offenders subsequently filed a lawsuit against the California Department of Justice (DOJ).

The Lawsuit

In the lawsuit, the plaintiffs argue that not updating the Megan’s Law website to include the dates that offenders were convicted and released from prison is a violation of state law. They further argue that updated information is important, as the websites are often the only means by which parents and neighbors can ascertain whether an offender poses an immediate threat.

Current Law

According to California statutes, those who are convicted of sex crimes must register as sex offenders with local law enforcement. Offenders are also required to update their information every year, unless they are transient, in which case they have 30 days to do so. Sexually violent predators must update their information every 90 days.

However, the Department of Justice is also responsible for updating certain information, including the date of conviction and the date of release for each offender. This information must be posted on the website before information about the offender’s community of residence and zip code or the offender’s photo can be published. The website is also required to state whether the offender was later imprisoned for any other felonies or if there is a lack of information concerning any subsequent convictions or incarcerations.

Unfortunately, much of this information is being left off of the site. In fact, later research revealed that relevant information is lacking in around 92 percent of the profiles on the Megan’s Law website. The lawsuit filed in Los Angeles County Superior Court states that the lack of information posted on the website can lead to vigilante violence against offenders whose last crime occurred more than fifty years ago. In its complaint, the plaintiffs request that a judge order the state to update the website immediately or to remove it entirely.

Being convicted of a sex offense and having to register as a sex offender can have far-reaching consequences, so it is important to retain an experienced attorney who can help protect your interests. If you have been charged with a sex offense, please contact passionate San Jose criminal defense attorney Wesley Schroeder to schedule a free consultation.

Source:

Lawsuit: California Breaking Law On Sex Offender Website, Leading To Vigilante Violence

http://meganslaw.ca.gov/sexreg.htm

http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=200520060AB1849