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Equal California Protection Rights of Criminal Defendants

By Walin & Klarich

Criminal Defense Attorney Proves the Sex Offender Registration Imposed 20 Years Ago Violated Equal Protection Rights of Criminal Defendants Twenty years after a sex offender was convicted by a jury of oral copulation with a minor and was required to register as a sex offender, the offender moved to lift the lifetime registration requirement. The Superior Court denied the motion. In Lewis v. Superior Court, 169 Cal.App.4th 70, the California Court of Appeal held that mandatory sex offender registration violated defendant?s equal protection rights as stated in People v. Hofsheier (2006) 37 Cal.4th 1185. Neither the circumstances surrounding offender's conviction for oral copulation with a minor under the age of 18, nor the offender's subsequent criminal history demonstrated that the offender was likely to commit similar offenses in the future so as to justify sustaining the discretionary imposition of the lifetime sex registration requirement...continue to full post

Full post as published by Southern California Criminal Defense Blog on April 03, 2009 (boomark / email).