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Despite all Odds, Court of Appeals Reversal Leads to Client's Relief from Penal Code Section 290 Sex Offender Registration

Posted by Seth Chazin | Oct 14, 2014 | 0 Comments

Alameda County client was convicted over 20 years ago of an offense (Penal Code section 288a(b)(2)) which required sex offender registration under Penal Code section 290. Approximately five years ago, the client used another attorney who attempted to obtain a Certificate of Rehabilitation for our client but the petition was denied. The client then came to me wondering if there was anything I could do. I filed a writ of mandamus pursuant to People vs. Hofsheier and the Superior Court Judge denied our writ. Undaunted, we took the case up on appeal to the First District Court of Appeals and the Court of Appeals overturned the Superior Court Judge's decision and ordered the Superior Court Judge to terminate mandatory sex offender registration.  However, the Court of Appeals also told the Superior Court that it should determine whether our client should have to register through the discretionary registration provision in Penal Code section 290.006.  We again submitted arguments to the court and this time the Superior Court Judge finally relented and granted our client full relief from Penal Code section 290 sex offender registration.  A hard-fought, but sweet, victory.

About the Author

Seth Chazin

Seth P. Chazin has aggressively defended clients in thousands of felony and misdemeanor cases for over 25 years. He has extensive experience representing criminal defendants in federal and state court, while handling both state and federal appeals as well.

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ABOLISH THE DEATH PENALTY

“The death penalty is a lie, a misguided mistake born of anger and frustration. Capital punishment has become a perverse monument to inequality, to how some lives matter and others do not. It is a violent example of how we protect and value the rich and abandon and devalue the poor. The death penalty is a grim, disturbing shadow formed by the legacy of racial apartheid and bias against the poor that condemns the disfavored among us, but corrupts us all. It’s the perverse symbol elected officials use to strengthen their ‘tough on crime’ reputations and distract us from confronting the causes of violence. It is finally the enemy of grace, redemption and all of us who recognize that each person is more than their worse act.”
- Bryan Stevenson

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