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If you have been arrested for a sex crime you may have a lot of questions.  I have been helping people with sex offense charges for more than 13 years and succesfully handled many cases that have been handled through trial.


If you have been arrested for a sex crime the chances are if convicted you will have to register as a sex offender.  This is becuase so many crimes now have mandatory sex offender registration as part of the plea deal.  There are some exceptions that I will go through below.


1.  Plead to a crime that is not a sex crime.  Many times when a case goes to District Attorney the District Attorney has the option to charge the crime as a Felony or a Misdameanor, or completely change the charges so that you will not be required to register as a sex offender.

Example.  You are arrested for touching the breat of a girl 14 or 15 years of age.  This would originally be charged with 288 c1 which would require mandatory registration.  However the District Attorney must prove you did this touching of the breast for sexual gratification.  Therefore, we may be able to convince the Prosecutor the allow a plea to a lesser charge of Misdameanor Battery not 288 C 1 which would save you from lifetime registration. 


2. Win the case at trial. If you win at trial you will not have a sex crimes conviction.  Therefore, you will not have a registration requirement.


3. If you are a minor don't go to Division of Juvenile Justice.  The division of Juvenile Justice is the state prison system for youthful offenders.  As the law currently stands if you are a Juvenile under the age of 18 and you are convicted of a sex crime you will not have a registration requirement unless you are sentenced to a term at DJJ. 


4. Plead to a sex crime that does not require registration.  If you are convicted of certain crime that is not mandatory registration you will not have to register as a sex offender.  These crimes are very uncommon but an example would be 647. A  Lewd act in Public.  If you plea to this crime as a form of negotiation you will not have to register as a sex offender.


5.  Some crimes are discretionary as to whether a person must register as a sex offender.  For example statutory rape, having sex with an underage person is up to the discretion of the court.  If you can take a plea agreement to this crime with an indication from the Judge that they will not impose a registration requirement than you will not have to register as a sex offender. 


We have helple people in all of the above ways avoid registering as a sex offender.  If you are ordered to register it will be a lifetime order.  Absent a Certificicate of Rehabilitation, or a Governors Pardon.  Therefore, it is vital that you get the services of an experienced Attorney as soon as possible to help you with the ins and outs of what is a very complex and serious area of the law. 


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Gerald Schwab, Jr.


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Law Office of Gerald Schwab, Jr.
Fresno Criminal Defense Attorney
5588 N Palm Ave,
Fresno, CA 93704
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Phone: 559.441.1418