Families of SOs Community Group
WE HAVE MOVED!!! ............................. ............................... ......................... ............................ ............................. .......................... HERE: http://support-for-families.boards.net ............. ................ ............... ................ ............................... .................Please create a profile...
Technically, you found out you were eligible to be off the list years ago, yes?
Hopefully you haven't had your FB that long?
All electronic mail addresses and instant message addresses assigned to the individual or routinely used by the individual and all login names or other identifiers used by the individual when using any electronic mail address or instant messaging system.
In my mind FB is not 'instant messaging' ( meaning you can instantly and anonymously reach out to strangers). FB is a social media tool that requires people to choose with whom they communicate.
MI law doesn't specify handing over all social media identifiers (I can show you states that do).
Did you have your email (that you registered FB with) listed?!
(f) The name and address of each of the individual's employers. For purposes of this subdivision, "employer" includes a contractor and any individual who has agreed to hire or contract with the individual for his or her services. Information under this subsection shall include the address or location of employment if different from the address of the employer. If the individual lacks a fixed employment location, the information obtained under this subdivision
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It doesn't sound like any violation was willful.
28.729 (2014)
§ 28.729. Registration required; violations; penalties.
Sec. 9. (1) Except as provided in subsections (2), (3), and (4), an individual required to be
registered under this act who willfully violates this act is guilty of a felony punishable as follows:
(a) If the individual has no prior convictions for a violation of this act, by imprisonment for not more than 4 years or a fine of not more than $ 2,000.00, or both.
(b) If the individual has 1 prior conviction for a violation of this act, by imprisonment for not more than 7 years or a fine of not more than $ 5,000.00, or both.
(c) If the individual has 2 or more prior convictions for violations of this act, by imprisonment for not more than 10 years or a fine of not more than $ 10,000.00, or both.
(2) An individual who fails to comply with section 5a, other than payment of the fee required under section 5a(6), is guilty of a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $ 2,000.00, or both.
(3) An individual who willfully fails to sign a registration and notice as provided in section 7(4) is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $ 1,000.00, or both.
(4) An individual who willfully refuses or fails to pay the registration fee prescribed in section 5a(6) or section 7(1) within 90 days of the date the individual reports under section 4a or 5a is guilty of a misdemeanor punishable by imprisonment for not more than 90 days.
(5) The court shall revoke the probation of an individual placed on probation who willfully violates this act.
(6) The court shall revoke the youthful trainee status of an individual assigned to youthful trainee status who willfully violates this act.
(7) The parole board shall rescind the parole of an individual released on parole who willfully violates this act.
(8) An individual's failure to register as required by this act or a violation of section 5 may be prosecuted in the judicial district of any of the following:
(a) The individual's last registered address or residence. (b) The individual's actual address or residence.
(c) Where the individual was arrested for the violation.
You might need a lawyer but this can be won!!
I looked at one of your previous posts and see that your were eligible for removal in 2008.
Josh, a situation such as yours is coming up in Oklahoma. Many inmates who were never supposed to register in the first place---those convicted before 2007----were convicted of a subsequent FTR. The date of the failure to register conviction was during a period of time when they should not have had to register, but did anyway.
Here is what John Dunn of Tulsa, the appellate attorney who won the Starkey case has to say about these situations--------
This was a question posed to Mr. Dunn on his web site with his answer----
"""What if I was convicted of "Failing to register as a sex offender" during a time I was not required to register?
If you have been convicted of "failing to register" during a time that you did not have to register, then you have not actually committed a crime. Therefore, you may be entitled to post conviction release to secure your release from custody or from probation. Additionally, this matter may be removed from your record."""
While exactly not like your case, I think the same principle might be the same. They are trying to convict you of something you did when you were not even supposed to be registering.
You can win these silly charges. Keep your chin up and fight this nonsense.
Hope this helps,
rewdiazepam
http://tinyurl.com/lr9fnun
rewdiazepam
(And presumably the court could deny the early off)
Although I hope I'm wrong about that since that's the 'adults' process and Josh was a kid when convicted.
But regardless this is crap - I hope you have all your papers!