Category: Blog

          On July 25, 2008, the Alaska Supreme Court declared Alaska's Sex Offender Registration Act unconstitutional.  In a blog that I posted on this website on June 5, 2008 entitled "Sex Offender Registration:  Is It Punishment?," I observed that "[i]n the case of Smith v. Doe, the [United States Supreme] Court ruled that Alaska's sex-offender registration statute did […]

        According to Florida statute section 812.014, it is a third-degree felony in Florida for a person to steal property that is valued at $300.00 or more but less than $5,000.00.  Although this law is perfectly straightforward, prosecutors sometimes have trouble actually proving that the stolen property had a value of at least $300.00 on […]

          When a person is placed on probation in Florida, the sentencing judge orders the person being placed on probation (the probationer) to complete certain conditions; he also orders the probation office to monitor the probationer's progress.  As long as the probation officer is simply supervising a specific, judge-ordered condition of probation, all is […]

        Anyone who is a registered sex offender or a registered sexual predator in Florida should read Florida statute section 943.04354 which is entitled "Removal of the requirement to register as a sexual offender or sexual predator in special circumstances."         This statute states in part that "a person shall be considered for removal of the […]

        Florida statute section 948.08 and section 948.16 pertain to what are called "pretrial intervention programs."  If someone has been charged with a crime in Florida and he is permitted to enter a pretrial intervention program (or "PTI"), the charge against that person is eventually dropped if the individual successfully completes the program.         Florida statute section […]

Many people agree to go on probation for sex offenses without knowing how strict the conditions of probation are for sex offenders in Florida.  In many cases, it is only when they go to the probation office for their first meeting that sex offenders are told about the special conditions of probation that apply to them.  […]

The following story (subscription required) appeared in the Monday June 9th edition of the National Law Journal: Challenges grow over sex offender laws Welter of confusion over restrictions. Pamela A. MacLean / Staff reporter June 9, 2008 The creation of complex sex offender registration systems and increasingly stringent limits on where offenders may live has […]

The following article appeared in the National Law Journal regarding a federal appeals judge who, until just recently, maintained a pornographic website: Experts mixed in reaction to Kozinski's X-rated Web posts Amanda Bronstad / Staff reporter June 12, 2008 Legal ethics experts disagree about whether Alex Kozinski, presiding judge of the 9th U.S. Circuit Court of […]

Florida statute section 943.0435 states that sexual offenders must register with the Florida Department of Law Enforcement (FDLE), and Florida statute section 775.21 states that sexual predators must likewise register with FDLE.  Registration requirements include such things as having one's picture posted on the Internet, notifying the Sheriff's office when changing addresses (for the remainder of […]

  In the recent case of Virginia v. Moore, the United States Supreme Court ruled that the police did not violate the fourth amendment's prohibition against unreasonable search and seizures when they arrested a man in Virginia based upon probable cause but prohibited by Virginia state law.  The Supreme Court also ruled that the police did […]