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Change of Address for Sex Offender

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blissfully

Junior Member
New York State, My nephew has to register on the sex offender web site. His paper work says there is NO limitations to who he can be around. He does have to register within 10 days of moving.

He moved, he registered and he was also seeing a lady who lived within his town. He did spend a couple nights at her house. Two officers showed up and arrested him for failure to register after having moved. When he went in front of the judge (local)...for arraignment she said he didnt register on the web site but "Both" lawyers said he had, and showed proof... but still he was sent to county jail to wait indictment.

I was summoned to appear to testify at grandjury, they asked me a bunch of questions about, if I knew the difference between visiting and moving. If I went to visit someone for a week... It dont mean I moved in there, I agreed. They asked me if I knew where my nephew lived, I said I had. But I had never been "IN" his apartment because its a 2nd story and I have problems climbing stairs with a knee injury. Other family members have been in the apartment. So it was established that he had an apartment and lived there. The fact that he still has clothes and furniture in there proves that he is / did live there.

Grand jury is holding him over for trial... Stating he wasnt living IN the apartment, because he had spent a couple days at his girlfriends. He was evicted from the apartment... but his 30 days eviction notice wasnt up until after he was already in jail.

He was arrested Oct 20th 2011... and he still sits in jail, has NOT been to trial. No plea bargain has been offered... he always gets tired of waiting for trial and they offer him a plea and he takes it. Last time he was in jail he waited 13 months, to be told he was NOT guilty.

I cant get his attorney to answer calls.

My question is how can they keep putting him off, not doing anything about a speedy process. How do they have any grounds to charge him with not registering, when he is.
 


CdwJava

Senior Member
It sounds as if they have some reason to believe that he is actually residing with the girlfriend and not where he said he had been living. If even the Grand Jury delivered an indictment, then his being bound over is lawful.

You describe prior incidents ... has he been accused of this before?
 

Ohiogal

Queen Bee
He needs to talk to his attorney about whether he waived his speedy trial rights. If not, he may have cause to get the case dismissed.
 

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