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Do I need to re-register as a sex offender in the state of Nevada due to a retrial by General Courts Martial?

San Diego, CA |

http://www.jag.navy.mil/courts/documents/archive/2013/OAKLEY201200299UNPUB.pdf

I have been retried by a General Courts Martial in this case and found guilty, again. What I did not know the first time around though was the finality of this case and when it may be required to register as a sex offender and or have my tier level lessen. In accordance with The Rules of Courts Martial 1209(a)(1) the conviction is not considered final by the until review and completion by the Navy Marine Corps Court of Criminal Appeals due to 10 USC § 866 - Art. 66. The punitive discharge attached to my sentence which cannot be executed In accordance with 10 USC § 871 - Art. 71. until review and completion by NMCCA. As this case is public knowledge the link is attached. Any additional opinions appreciated.

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Attorney answers 5

Posted

I would ask an attorney in Nevada, not one in California. You may have inadvertently posted this to California criminal defense attorneys - California law is not the same as Nevada on all things and in something as important as this, I'd ask a Nevada lawyer to make sure you get it right. Good luck.

Posted

You would have received notification on release from the Brig that you are required to register.
It is true that the conviction is not final until all appeals are complete.
However, you are still considered to have a conviction.
Some states wait for completion of appeals, some don't. Those that don't have rules of getting a registration changed.
So, as already suggested, contact a lawyer in your jurisdiction who has experience about registration.

www.court-martial.com; www.court-martial.us.com; mljucmj@gmail.com 703-298-9562, 800-401-1583. Answering your question does not create an attorney-client relationship.

Posted

If you live in Nevada, then you must comply with the laws within the state of Nevada. If you live in California, then you must comply with those laws. Living in California and registering in Nevada believing that you don't need to register in California will be bad news. This really is a question for your attorney. I'm certain you weren't court martial'd without one. Good luck.

www.YourCriminalDefenseLawyer.com
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The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.

Philip Douglas Cave

Philip Douglas Cave

Posted

His military defense attorney will only have general information. I tell all my military clients that they should go to the local registration agency, state police sheriff or whatever to begin the process then they have made a good faith effort to comply and won't get in more trouble with the military for disobeying an order. Until the appeal is compete they are still subject to military jurisdiction.

Posted

Speak to a NV attorney as suggested by my colleagues.

Andrew Roberts (818) 597-0633/ (805) 496-7777

Posted

Up to Nevada. Consult with an experienced criminal attorney there.

Good Luck!

Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555