Sentence Fully Served? Out of Jail!

Discussion in 'In the News' started by Nemo, Apr 19, 2019.

  1. Nemo

    Nemo Man of Myth and Legend

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    As it should be. Not out if you cannot do what we say and meet our requirements and we cannot meet them either. Specifically sex offenders.

    Nemo


    http://www.abajournal.com/news/arti...er-law-is-the-talk-of-the-prison-lawyer-says/

    More details

    https://www.themarshallproject.org/...ing-their-sentences-doesn-t-mean-they-get-out
     
    Last edited: Apr 19, 2019
  2. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    I had a client recently sentenced to a small amount of jail time. Based on the amount of time he had spent in jail before bonding out on the day of his arrest, he would only owe four more hours of jail time.

    The prosecutor and the judge calculated the "four hours" on the record in court and announced it before sending him with the Sheriffs' deputies. He entered the custody of the sheriffs department in court at 11 AM, so you think you'd be free by 3 pm, right?

    Nope. He didn't even get transported to the jail by his release time. He was part of a big group that didn't get there till five, and it took a few more hours for them to process the paperwork to release him.
    *****
     

  3. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    But on the topic of sex offenders, I know a guy who went to prison for downloading child porn online, and although he was sent sentenced to 20 years in prison, everybody expected that he would be eligible for parole in 1/3 of that time which was the standard. He WAS reviewed by the parole board and found eligible for parole after 6.5 years. All he had to do was find a suitable address to parole out to. If he could have given the parole department a suitable address that checked out as a proper and fit place to live for a parolee, he could've been out after seven years.

    But because of the 1000 foot living restrictions and working restrictions for sex offenders, he could neither find housing or any job that could pay his rent.

    So he had to stay in. For years.

    Extra years of prison AFTER the State has already said he should be living in the community, among the public, but with supervision.
     
  4. phantoms

    phantoms Senior Mumbler

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    Actually that is very incorrect. He had to serve his time in prison because he could not do what was required of him to get an "early" release.

    Now if someone served their complete sentence and then were told that they couldn't be released because they couldn't show they had a home to stay in I would have a problem with that. Not being released early not so much.
     
  5. Nemo

    Nemo Man of Myth and Legend

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    phantoms-- you describe the OP case.

    IMHO, Judge says 20 years, you do 20 years, you get out. F the DoC, Court, Cops, all of them.

    Judge says 20, but we can let you out at 10 if you do X, Y, and Z. You don't do those, you don't get out.

    Nemo
     
  6. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    If "finding a home that's 1000 feet away from everything" is what a person has to "do" to get out of jail,

    Do you realize that it takes 72 acres of land, with your home right in the center, for you to have all your property borders at least 1000 feet away from you house?

    Now, consider that THE LAW treats all the land you own, or rent, or lease, as being "your home" also. Not just the house itself, with a roof and walls.

    So the farthest edge of your property borders must be 1001 or more feet away from ANY OTHER PROPERTY BORDER if that other property is park land, land owned by a school (even the very back corner of a grassy field on the "back 40 acres" of the school's property, 500 yards from the actual school building where kids attend class).
    The sex offender's property cannot be within 1000 feet of any other property's border if that other property has a public or private (members only) playground, swimming pool, child care center (even a "home" child care center, school (arguably inculiding homes where kids are home-schooled), church (even a defunct church that has no scheduled services and is just an empty building).

    The conditions are nearly impossible to comply with.
    If you had your little parcel of land on which your home sat, and were surrounded by a group of adjoining property owners whose holdings totaled about 700 acres, and if all those neighbors of yours agreed not to let any of THEIR lands be used for school, church, playgrounds, daycare, or other such purposes, THEN and only then could you have a "home" that meets the State's requirements, and in which you could feel reasonably secure that you could stay there a while and not have to move when some dairy farm that is a neighbor to one of your neighbors sells out to a developer who will put in a subdivision, and the subdivision will have tennis courts and playground equipment as a perk to all members of the homeowner's association.

    Even if YOUR property doesn't share a common border with that soon-to-be-built subdivision of homes, if a straight line drawn from your fence across your neighbor's land to the nearest part of the future subdivision's property line is only 900 feet, that's too close. The Sheriff's Office would give you an order to move, or tell you that you're not allowed to do your "annual registration" using that address. Failure to register as a sex offender with a valid address would result in you going BACK to prison for 30 years, or life. But they won't let you register at the home you've used in prior years if THIS year there's a new church, a new park, a new school, nearby.
     
  7. Craftsman

    Craftsman Well-Known Member

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    The whole "sex offender" registry is political BS. It is impossible to inject rational thought such as the analysis above into the debate because someone will cry "but the children". Eithe you are a free person with full rights or you are too dangerous to walk free. There is no in between.
     
  8. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    ON A DIFFERENT NOTE, a high level federal court, maybe SCOTUS, ruled several years ago that it's OK for a prison to hold a person beyond the expiration of the sentence when it appeared that the person was STILL a danger to himself or others, and thus would meet the standards for being involuntarily committed to a secure mental hospital anyway. The fact that he's in prison instead of the nuthouse doesn't make it a violation of his rights.
    The key fact here is that some mental health professionals and criminal psychologists said that if you let this dude out, he'll molest more kids, because he's an incurable pervert and he can't control it.
     
  9. jrm

    jrm Sledgehammer

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    Nemo,

    I would agree with you if it weren't for mandatory minimums. With mandatory minimums, the judge has isn't necessarily deciding what the sentence should be. The legislature is. But they recognize that blanket mandatory minimums can be harsh, so they put in a safety valve of early release.
     
  10. Wegahe

    Wegahe NRA Instructor

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    the problem I see is here is not all sex offenders are rapist or child molesters. Some may have been caught with a hooker. Others my have been walking ducked into an ally to take a leak and no one saw or could see them except for a cop that witnessed them going into the ally and went to check them out. Charged with a sex crime called "public indecency" is the result of a cop wanting to make a felony arrest for the day. So now someone would be a sex offender for life. I could see this sex offender law for rape and molesting but not for a lot of what can get you charged as a sex offender with the same lifetime punishment.
     
  11. jrm

    jrm Sledgehammer

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    It is an urban myth (or maybe just an issue in some other state) that a person is a registered sex offender for indecent exposure on account of public urination. All the crimes which get you on the registry in GA are felonies, and they do not include taking a leak or hiring a (adult) hooker.
     
  12. Wegahe

    Wegahe NRA Instructor

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    So if the cop who followed you in wants to make the case he/she claims they were offended. So this misdemeanor becomes a lifetime offender. It doesn't take a felony in Georgia to be put on the registry.
     
  13. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    And anybody who commits that kind of offense in another state and would have to register there under that state's laws automatically has to register in Georgia too, if they move here.


    One guy from a northern state was convicted of child molestation for having a girl suck his THUMB. That's not a euphamism. Really, his thumb. Apparently that sort of thing was a fetish to him.
     
  14. jrm

    jrm Sledgehammer

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    Can you name the crime and cite the code section of a crime that's on the registry list that would make what you described qualify?

    Gunsmoker, what you describe probably would qualify in GA, too, because if a person does something to a minor in GA for sexual gratification, it's going to make it. You said the guy had a thumb sucking fetish, so that sounds like it would qualify.
     
  15. Wegahe

    Wegahe NRA Instructor

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    16-6-8

    Lewd is subjective but can and is made on a regular basis.

    A person convicted of public indecency in Georgia shall be punished as a misdemeanor for the first and second conviction.

    The above also holds for an ally where only the cop saw you because he followed you into the ally.
     
    Last edited: Apr 20, 2019
  16. jrm

    jrm Sledgehammer

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    I agree that urinating in public can be public indecency, and that public indecency is a misdemeanor. But my point was (and is) that public indecency is not on the list of crimes that gets you on the sex offender registry.
     
  17. Wegahe

    Wegahe NRA Instructor

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    I just know what I am reading. I am not a lawyer but do know how to read (maybe?). What I am reading is this...

    https://statelaws.findlaw.com/georgia-law/georgia-indecent-exposure-laws.html
    I used the cop following into an alley analogy because 20 or so years ago it happened to someone I knew. So if it is or is not on the list you can be required to register as a sex offender.
     
  18. jrm

    jrm Sledgehammer

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    I don't know what got you on the list 20 years ago (but I'll check when I have some time), but I can tell you that today, public indecency will not get you there.
     
  19. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    The lists have changed greatly over the years due to legislative and judicial action.
     
  20. Wegahe

    Wegahe NRA Instructor

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    It was not me and wasn't even a "friend". Just someone I knew... There could be more to the story I suppose. I just do not have reason to suspect there is.