My fiancé is at the beginning of a 7 year sentence with the Missouri Department of Corrections for a probation violation for failure to register as a sex offender, 2nd offense. His original conviction was endangering the welfare of a child x 2 back in 2002, at which time his original court documents stated he was NOT REQUIRED TO REGISTER AS A SEX OFFENDER. He did almost 7 years in prison from those charges, all the while NOT registering. When he was paroled and near completion of his term, it was brought to his attention that he was required to register. He refused, stating the original court documents, even showing them to his parole officer. A warrant was issued for his arrest last September for failure to register. He was arrested at our home on January 10th of this year, charged with a probation violation AND failure to register, 2nd offense. He was sentenced to the probation violation (which he subsequently incurred for moving across state lines and failing to report to his probation/parole officer), and the failure to register, 2nd offense was supposed to be dropped by the courts. WEELLLL, looking at his sentence and judgment papers, the probation violation is non-existent and the failure to register, 2nd offense is what he was sentenced on! Sorry to drop all this on you all, but I am terribly frustrated about all of this. We are in the middle of the appeal process, but most, if not all, of you know what is in store here :( yikes, God, give me strength!

FreeToBreathe, Here in NY it was originally at least 10 counts possession, distribution on line CP. He was not only downloading it, he was sharing it. (He had been doing this for about 15 years). His lawyer struck a deal for him to plead guilty to 1 count with a minimum sentence of 5, maximum 20 years. This was federal charges as is Montana. Montana has charged him with conspiracy to distribute. They were at 4 different but related charges, they are down to 1. We still have no idea why 3 charges were dropped (although we are not arguing).

bigguysgirl, My heart goes out to you. All I can say is,the system sucks!

They can charge you at both the state and federal level?

Ivydog, I do not have the answer to that. My son has been charged and convicted here in Federal Court, and then brought up on federal charges in Montana. His lawyer is going to try to get the charges there dismissed, but who knows.

My husband molested my daughter one time when she was 14. It was a one time incident and it was a back rub that was too sensual and just barely crossed the boundaries. It was wrong none the less and when found out and confronted him he came clean about everything, called and reported goal and immediately started therapy. He accepted a plea that kept him off the registry and had no felony charges. He was sentenced to 5 years probation. A couple years in he find out he had to register. We thought about fighting it but figured it was useless so he did. Supposed to be tier one. When came out I looked on line and he's registered tier 3, lifetime. Recently he was notified that he's been downgraded to tier 2 but it still seems so unfair. We have 3 kids and except for our daughter, they all have great relationships with him. We have come a long hard road and I still don't see a light. I am so weary.

Sorry typing on tablet, see typos. He reported himself, we didn't fight registry.

Thanks for all of you sharing. It comforts me to know what others are going through. My 24 year old son has been in jail for 6 months awaiting trial. My grandchildren accused him of sexually molesting or touching them inappropriately. My own theory is that they were getting in trouble for something and blamed my son to take the focus off of them selves. Originally I had tried to be neutral. I wanted to be supportive to both sides. But because I am paying for his defense. My grandchildren felt betrayed and now nobody at that side of the family talks to me. It hurts to have your own family "de-friend" me on Facebook. It has been a long journey. DNA was just run off of 4 shirts and it excluded his DNA. the trial has not started yet. My attorney was trying to get them to withdrawal charges but so far the DA is not budging...So just waiting to see the outcome of it all. I just keep praying. It sounds like in many cases people are somewhat being "set-up" . I feel for all of us. You are my rock and inspiration. Keep posting. It will help both you and the community.

tearsforson2,

As I said when we spoke several times, if this DA is insisting on going to trial when the DNA with the sperm on the shirt EXCLUDES your son as the perpetrator, then the DA had better be prepared to pull a rabbit out of the hat.

I hope the DA looks like a complete fool and this blows up in his face.

Hell, guys have been EXONERATED after many years because the DNA in old evidence excluded them, and this DA is going for a conviction. I am at a loss for words.

rewdiazepam

I apologize for getting off topic.

rewdiazepam

If there wasn't any DNA, they would have had a conviction just based on the kids' testimonies. I hope that the DA does drop the case due to DNA excluding your son.

Ivy,

The answer is yes, you can be charged both at the state and federal level for the same crime. There has to be a federal statute for it though which usually involves inter-state commerce, but it can also be a civil rights violation.

If you think back to Rodney King riots, the police were acquitted at the state level but 2 of the 4 were found guilty at the federal level.

You would think it would violate the double jeopardy clause if you can be charged for the same crime in both state and federal.

Yeah it's an exception to double jeopardy, it's called dual sovereignty.

Yeah it's an exception to double jeopardy, it's called dual sovereignty.

Heath v. Alabama, a 1985 US supreme court case, here is the majority opinion:

"The dual sovereignty doctrine provides that when a defendant in a single act violates the 'peace and dignity' of two sovereigns by breaking the laws of each, he has committed two distinct 'offences' for double jeopardy purposes."

It was pretty messed up too. These people murder an Alabama lady and they dump her body in Georgia. One of them pleads guilty in Georgia to avoid the death penalty and then Alabama comes back and finds them guilty and sentences them to death.