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Failure to Register as a Sex Offender

Sex offenses are harshly prosecuted in the state of Michigan and one of the most severe consequences for the crime is that you may be required to register as sex offender. The designation could follow you for life depending on the circumstances of your conviction and carries a heavy stigma. What’s worse is that if you’re accused of failing to register in time, you could be charged with an additional crime. Even if the act was simply just a mistake.

If you or someone you know has been arrested for failing to register as a sex offender, seek out legal counsel as soon as possible. Failing to register in Michigan is a felony offense and if you’re convicted you could be sentenced to years in prison. That is why it’s incredibly important you’re prepared with an experienced defense team if you’ve been accused of failing to register as s ex offender.

Sex Offender Lawyer, Oakland County | Bloomfield Hills, MI

The penalties for failing to register as a sex offender are too steep to be going into the courtroom alone. Contact J. Dallo of Dallo Law, P.C. to speak to an experienced criminal defense attorney with extensive practice defending failure to register cases. He can assess the facts surrounding the case and utilize his resources and skills to develop a formidable defense for your case. Get started on your defense as soon as possible by contacting Dallo Law, P.C..

Schedule your first consultation with J. Dallo of Dallo Law, P.C. by calling our number at (248) 283-7000. Dallo Law, P.C. is located in Bloomfield Hills, but accepts clients throughout Oakland County and Macomb County including Clinton Township, Sterling Heights, Mount Clemens, Roseville, Utica, Fraser, Troy, Pontiac, Southfield, Royal Oak, Rochester Hills, and Rochester.

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Michigan Sex Offender Laws

The majority of sex offenses in Michigan will require the defendant to register as a sex offender with the state database. Once they’ve completed the initial registration, the individual will be required to periodically verify their information with law enforcement to ensure the database is current. Even if you were deemed a sex offender in another state, you will still be required to register with the state of Michigan if you’ve moved to the area.

In Michigan, sex offenders are classified by tiers and there are three based on the heinous nature of their offense. Each tier has a different set of registration requirements the sex offender must meet. How many times the individual must verify their information with law enforcement will depend on their tier.

  • Tier III – Those who commit sexual offenses that are considered to be the most heinous or harmful to the victim(s) are given a Tier III title. Some examples of crimes that can result in a Tier III sexual offender status is 1st-degree criminal sexual conduct, 2nd-degree criminal sexual conduct involving a victim under the age of 14, or assault with the intent to commit criminal sexual conduct that involves penetration. If you’re a Tier III offender, you will remain on the registry for the rest of your life and must verify your information with law enforcement four times a year.
  • Tier II – Sex offenders that committed “moderate” sexually motivated crimes are sorted under Tier II. A few examples of offenses that could warrant a Tier II sexual offender status is distribution of child pornography or pandering. If you’re a Tier II offender, you must stay on the registry for 25 years and verify your information twice a year.
  • Tier I – Those who commit the lightest sex offenses will be given Tier I status. Crimes that could yield Tier I sex offender status includes indecent exposure or 4th degree criminal sexual conduct. If you’re a Tier I offender, you must be on the registry for 15 years and verify information at least once a year.

When sex offenders initially register, they must input specific information including:

  • Name
  • Social security number
  • Date of birth
  • Address
  • Temporary address if applicable
  • Employer
  • University/any other school attended by individual
  • Telephone number
  • Electronic mail addresses & instant message addresses
  • License plate number, registration number, description of motor vehicle
  • Driver’s license number or ID number
  • Digital copy of passport or immigration documents
  • Occupation and/or professional licensing information
  • Fingerprints

If the sex offender does any of the following, they must inform law enforcement of the updated information three days after any of the following occurs:

  • Change or vacate residency
  • Change place of employment or discontinue employment
  • Enroll in an institution of higher education
  • Change in name
  • Temporary residency at any other place other than their home for more than 7 days
  • Individual purchase or begins to regularly operate a vehicle

If you plan to move to another state, you must tell the registering authority within your jurisdiction to report where your new residence will be.

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Can a Registered Sex Offender Leave the Country?

Sexual offenders are allowed to leave the country under Michigan law. However, you must report in person and notify the registering authority within your jurisdiction where your new residence is located not later than 21 days before you travel to another country for more than 7 days. If the trip is shorter than 7 days, you are not required to report the change in residence.

You must provide law enforcement with the name of the new country, the city you’ll be staying in, and the address of your new residence. If you don’t update your registering authority, you’ll be charged with failure to register as a sex offender.

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What Happens if a Sex Offender Fails to Register?

The penalty for failure to register will depend on what information was omitted/not updated from the registering authority. If you fail to do any of the following, you’ll be charged with a high court misdemeanor punishable by up to two years in jail and a $2,000 fine.

  • Appear to register as required by law and review all registration information for accuracy
  • Maintain a valid operator or chauffeur’s license under the vehicle code or an official state personal identification card with your current address
  • Report to the Secretary of State immediately after release to have your digital photograph taken. The only exception to this is if the offender isn’t a resident.

You must also sign a registration and notice to comply with Michigan’s sex offender laws. The registration and notice must be forwarded to the registering authority. If you fail to sign the notice and registration, then you’ll be charged with a misdemeanor punishable by up to 93 days in jail and a fine of up to $1,000.

In addition to the notice and registration, you’ll be required to pay a $50 fee for initial registry. You will have to continue these payments annually until the sum of the payments doesn’t exceed $550. Failure to pay your registration fee within 90 days will result in a misdemeanor offense punishable by up to 90 days in jail.

Intentionally and knowingly failing to register as a sex offender will result in a felony offense. The statutory penalties for willfully failing to register as a sex offender include:

  • First Offense – Up to 4 years in prison and a possible $2,000 fine
  • Second Offense – Up to 7 years in prison and a possible $7,000 fine
  • Third Offense – Up to 10 years in prison and a $10,000 fine

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Additional Resources

Sex Offender Registry FAQ | MSP – Visit the official website for the Michigan State Police to learn more about sex offender laws in Michigan. Access the site to find answers to your frequently asked questions including if sex offenders are tracked, if juveniles are on the registry, and what happens if you violate these laws.

Sex Offender Registration Act | Michigan Statutes – Visit the official website for the Michigan Statutes to learn more about their laws pertaining to sex offenders and the sex offender registry. Access the site to learn the penalties for violating sex offender laws.

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Oakland County Lawyer for Failure to Register | Michigan Sex Offender Laws

If you have been accused of failing to register, contact Dallo Law, P.C.. It may feel as if the cards are stacked against you in the legal system, but you do have options and defense lawyer J. Dallo of Dallo Law, P.C. can help you navigate them. He can examine the facts of the violation, determine a viable defense, and execute said defense with excellence in court. Regardless of the circumstances of your case, he will ensure every aspect is handled with dedication, professionalism, and attention to detail.

Call Dallo Law, P.C. today at (248) 283-7000 to set up your first consultation free of charge. Dallo Law, P.C. accepts clients throughout the greater Oakland County and Macomb County, Michigan area.

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