place immediately prior to the repeal of Megan’s Law by the Adam Walsh Act applies to the penalty for sex offenders originally classified under Megan’s Law who violate the law by failing to give proper notice of an address change.
This decision has big implications, as it applies to numerous offenders originally classified under Megan’s Law who commit violations of notice-of-address-change requirements after the effective date of the Adam Walsh Act.
What if an offender had not yet been reclassified after moving to Ohio,but arrested and indicted for a failure to register under the AWA?
This offender had been originally classified under Megan’s Law in another state.
Does this apply to him?
And he is in prison.
This is a very fact specific area of law. It depends on what the law was at the time of his conviction and who made the determination of his registration requirement. If the court decided the registration then most likely the Bodkye case applies. An attorney should look at his specific situation and what the old law was at the time of the offense. The Ohio public defender's office has done some great work on these registration cases. Good luck.
Dayton, Ohio Criminal Defense Attorney
The responses of Attorney Chris Beck to any questions posed on Avvo do NOT establish an Attorney-client relationship. Attorney Beck is available for private hire and consultation for a fee. Only after Attorney Beck is retained as counsel, or agrees to discuss this matter with you privately, shall he be legally deemed to be your Attorney. His responses herein are an attempt to assist persons temporarily based upon the very extremely limited amount of information provided by the questioner
Criminal Defense Attorney
This is asking for a very specific application of a very specific judicial precedent to a very specific case. Answering this question could easily take several hours of research.
If you want to learn the answer, you need to get in touch with a criminal defense attorney in Ohio.
This answer does not constitute legal advice and does not establish an attorney-client relationship.
The kind of answer you are looking for is outside the scope of this forum. You will need to hire an attorney for the kind of research and fact finding a reasoned and applicable answer requires.
READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I am providing educational instruction only--not legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.