Sunday, June 26, 2011

Topic: All About Registration Forms

All About
Registration Forms:

PURPOSE OF STATE FORMS: The forms are the way the state documents what information you provided them, and, forms you sign they has one purpose, to present IN COURT to prove the State told you, what you are supposed to do, should you ever claim "They didn't tell me about ____."

HEADS UP: Always ask for and get, a copy of the forms, for your personal record. Start a binder and keep ALL copies you receive. NEVER FAIL TO GET COPIES, they may save you from going to prison at some point in the future. Should you be denied copies, then it would be wise to ask for a Supervisor and ask them, explaining why you want them. We cannot stress how important this is to you, do it without fail.

Adam Walsh Act TRICKERY

Somewhere on every State registration form/s is a comment that goes something like this "I understand that ten days prior to changing my residence to another state, .... . Upon moving, I shall comply with the registration requirements of that state. (ex: from Michigan's DD-004A form)," or something similar (every state is different). However, the form DOES NOT tell you what the FEDERAL law says, if you fail to register in the NEW state.

From the Adam Walsh Act (AWA), is a penalty of up to 10 years in federal prison (18 Sec. 2250). Then because it is a federal crime with a sentence to the Federal Bureau of Prisons, a civil commitment hearing (18 Sec. 4248) nearing the end of that sentence, and possible civil commitment for the rest of your life, if you fail to register or update your registration when you move to a NEW state.

These FEDERAL penalties are not explained
on any State form

Even though you ARE NOT properly advised by FEDERAL officials, federal courts are interpreting that State comment to satisfy federal due process requirements,. For a very detailed explanation CLICK HERE.
Conflicts Between State & Federal Laws

Yes, there are conflicts and some folks get caught up in them. Here is the major misunderstanding registrants have: How can I be held to requirements of AWA (SORNA) -federal law- if my state has not enacted the Adam Walsh Act? This question usually arises in federal courts, and the answer registrants are given by federal courts is, in our opinion, a miscarriage of justice. THE ANSWER:
Furthermore, the directive found in 42 U.S.C. § 16913(a) applies to sex offenders — not to states. When combined with SORNA's enforcement provision, 18 U.S.C. § 2250(a), an independent and federally enforceable duty is placed on sex offenders to register. New York and Pennsylvania may never implement SORNA, choosing, for whatever reason, to forego a portion of their federal funding. This failure to implement a federal law, however, does not give sex offenders a reason to disregard their federal obligation to update their state registrations. When a sex offender travels in interstate commerce and disobeys the federal command to keep his or her registration current, as required by SORNA, he or she is subject to prosecution. 18 U.S.C. § 2250(a); see also May, 535 F.3d at 921. U.S. v. SHENANDOAH, 3rd Cir., U.S. Supreme court Cert denied.
Court after court has held this, and ultimately convicted the person. We have no simple explanation for registrants, however it is easy to see how they do this when a case comes up, but each case gets involved in a very long explanation. Yes, we believe this is a miscarriage of justice, but we leave this one here.

So, any and all with no exceptions, forms or other correspondence you get as the result of registering as a sex offender, you keep FOREVER in some kind of binder in date order. A day may come when that -form- is all you have to PROVE you did what you were supposed to on a given date. So keep everything in this binder (your Bible).

FORM VERSIONS: And, never forget, forms change over time, it is very possible a SPECIFIC FORM VERSION may not contain a proper notice for the law at the time. So if you get into a pickle, have the lawyers check the versions of the forms you have received -and when you received them- to the law at the time you received them. Any conflict may get you released from a serious charge and prison sentence.
Find SMART lawyers willing to fight.

Now, for those who get mad at having to register
and throw out or rip up forms -BIG MISTAKE-, you ask why?

Here goes. In our other blog on Court Decisions, the majority of the cases listed are for registration issues, there are THESE that the court relied on FORMS signed years before to convict them of charges. Some of the cases were even based on forms signed years before in other states.

What more proof is needed to convince folks that
these forms are important and should be kept forever.

For now, have a great day and a better tomorrow.
eAdvocate (BACK to the Top Page)

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