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Why is the DA not budging off 2 to 10 for failure to register as a sex offender. why wont or wouldnt give me a warning or probat

San Angelo, TX |

I am a registered sex offender who registers every year and when i move. there was a period of about 3 months that i was homeless jobless and i was running from an abusive wife who beat me and stabbed me. i have been in no trouble since i discharged my 6 year prison sentence back in 2008. i have and own my own painting business a good job with two builders and i have a live in girlfriend who is a nurse and an address that i did register on my birthday/annually. why is the DA being so hard on me. I have registered every time that I have moved, about five times but i stayed with a friend off and on for a couple of weeks no more than 3 days at a time but i had warrant for back child support and they came at that residence and arrested me. no chargers were filed on me at that time for nonregist

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Best Answer

Macy is right. 2-10 is the punishment range, not an offer. If the D.A. won't budge, the best option is take the case to the judge for sentencing ("open plea"). The D.A. does not have the final say. Put on your evidence and ask for a break, especially given your track record.

Any answers posted to questions posed as hypothetical or with specific fact, do not create an attorney-client relationship.


Two to ten is the range of punishment for the offense, not an offer. You may need to do an open plea to the judge if the DA will only offer pen time. The law is very strict about sex offender registration and DAs are typically unforgiving about violations of this law.

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I have handled several of these cases that were prosecuted out of the DA's office in San Angelo. What I have found is that when a plea offer is made, that offer is based on the circumstances and situation as the prosecutor understands it.

What that means is that the defense lawyer needs to carefully interview the defendant/client to gain a good understanding of what has been going on.

Sometimes what appears to be an offense when the police and prosecutor look at the situation really is not even an offense when a more complete picture of the events is presented to the DA's office during negotiations. And, sometimes the real circumstances do not merit nearly as harsh a penalty as the prosecutor thought when he or she first evaluated the case.

BTW, failure to register has a penalty range that can be as little as 180 days and as much as 20 years, depending on the level of registration required.

If you do not have a lawyer representing you on this, you need to get one ASAP.

If you do have a lawyer working on this, you need to raise your concerns with that lawyer.

Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.


Maybe because the DA is tough on sex offenders. Maybe the DA has acid reflux.

It doesn't matter why the DA is being tough. You need to deal with the situation as it is. Get the best defense attorney you can and either make a good deal or fight your case, depending upon the specific facts of the situation.

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