June 24, 2015
Failure to Register as a Sex Offender
Client made several mistakes nearly ten years prior. Those mistakes led him to be listed as a sex offender, with all the requirements of registration. He had several children and was a law-abiding person working many hours to maintain stability for his family. According to police, he made mistakes on his registration and was charged with failure to register as a sex offender. The investigation into the defendant was very sophisticated and intensive. The police tracked the defendant to locations outside of his hometown and took photographs. Police applied for and received a search warrant for a GPS tracking device for his motor vehicle. Police also installed a hidden motion detector on a telephone pole at a fixed location, among conducting other investigative techniques. They also secured a videotaped admission from the defendant. After an exhaustive review of the thousands of pieces of evidence, Attorney Barabino filed a motion to suppress, with a lengthy memorandum of law. On that day, prior to the hearing, the judge, who would also allow the defendant to admit to the allegation, took an agreed tender that if the defendant stays out of legal trouble for about a year and a half, the charge would be dismissed. This disposition is called a Continued Without a Finding or “CWOF”. The probation is administrative, so the client does not have to appear at the probation department.
Result: Motion to Dismiss, FILED, PLEA Entered and if Abides by Probation Terms Case will be DISMISSED.
