Sex Offenders

New Eligibility Rules for Removal from the Georgia Sex Offender Registry

Published on: October 22, 2024 | By Conaway & Strickler, P.C.

In July 2024, significant amendments to O.C.G.A. § 42-1-19 went into effect, changing the process for removing some individuals from the Georgia Sex Offender Registry. These changes, introduced through Senate Bill 493, modify the eligibility criteria for those seeking removal, particularly impacting the timeline and risk level requirements for petitioners. Here, we’ll break down what these updates mean for individuals hoping to clear their names from the registry.

Reduction in Time Requirements

Previously, individuals convicted of a sexual offense in Georgia had to wait 10 years after completing their sentence before petitioning the court for removal from the Sex Offender Registry. SB 493 has reduced this waiting period to 5 years, making it possible for eligible individuals to initiate the process sooner. This amendment reflects a shift toward offering second chances, particularly for those who demonstrate low risk of reoffending.

What is Mariam’s Law and how does it affect the Sex Offender Registry in Georgia

Published on: May 12, 2023 | By Conaway & Strickler, P.C.

This news article explains most of the details of Mariam’s law, a law that was passed just last week. It expands the restrictions on sex offenders.

The biggest wrinkle that this bill has caused so far is the requirement to be fitted by the Department of Community Supervision with a device capable of tracking the location of the sexual offender (aka ankle monitor) while on probation or parole and awaiting risk assessment classification from SORRB if the person has previously been convicted of a felony sexual offense. Basically, if the SORRB hasn’t leveled you yet, you will be contacted to get an ankle monitor at your expense, of course.

Or, if your assigned community supervision officer determines that a special need exists for you to wear an ankle monitor due to the ‘immediate danger to society the offender poses based upon a substantial risk of perpetrating a future dangerous sexual offense.’ then here they come as well with that ankle monitor.

Federal Child Pornography Laws in a Nutshell

Published on: August 10, 2022 | By Conaway & Strickler, P.C.

As the DOJ states, “Federal law defines child pornography as any visual depiction of sexually explicit conduct involving a minor (persons less than 18 years old). Images of child pornography are also referred to as child sexual abuse images. Federal law prohibits the production, distribution, importation, reception, or possession of any image of child pornography. A violation of federal child pornography laws is a serious crime, and convicted offenders face fines severe statutory penalties.”

Below are the federal statutes that address child pornography.

18 U.S.C. §2252 – Child pornography;

Children Back in School After Being Charged with Sex Crimes

Published on: October 30, 2011 | By Conaway & Strickler, P.C.

CBS Atlanta recently learned that children who are charged with sex crimes like child rape and molestation are being placed back into Georgia’s classrooms. Hundreds of kids accused of sex crimes as juveniles have their records sealed and their identities hidden from the public and are returning to school.

For example, in Rockdale County, a 15-year-old boy was arrested in June for molesting a 5-year-old girl and the judge ordered for the child to be returned to school. The boy’s father argued “He’s not a bad kid. He just made a mistake”, but other parents were outraged at the judge’s decision. Georgia is one of eleven states that have not yet set up a sex offender registry for juveniles, and the state is currently passing up around one million dollars by failing to comply with federal regulations requiring it to do so.

If you or someone you love has been charged with a sex crime of any type, you need the legal assistance of an Atlanta criminal defense attorney. For almost two decades, Conaway & Strickler, P.C. has defended the rights of our clients with personal attention and skilled representation. If convicted, you could face serious lifelong penalties, so contact an Atlanta criminal defense lawyer today.

Zero Tolerance

Published on: October 20, 2010 | By Conaway & Strickler, P.C.

A basic flaw in many people’s thinking is that they can go to court and “talk to the judge about it” or “work things out with the prosecutor.” They believe that because they are not “one of those criminals” and their “case is the exception,” they can convince the prosecutor or judge to drop the criminal charges against them . The truth is very different. Due to Zero Tolerance policing, just about everyone who has been caught doing something the least bit illegal is now ending up in the courtroom. As a result, your general good character is not going to convince a judge or prosecutor to give you a break. When you walk into the courtroom, no matter who you are, the judge and prosecutor see you as just another criminal defendant, another piece of meat to feed to The Beast.

First, courtrooms are more crowded than ever before, and judges and prosecutors are often overworked and overwhelmed. America’s criminal justice system has grown into a huge industry – the “prison-industrial complex” — that provides millions of jobs and massive amounts of tax revenue for states and counties. Criminal justice is the one area besides the military where politicians today can advocate for bigger government and more taxes and get elected.

Second, prosecutors and judges no longer have the independence to exercise discretion in prosecution and sentencing that they had a generation ago. Powerful special interest groups spend millions of dollars monitoring conviction rates of judges and prosecutors across the country. Officials who do not live up to the conviction targets of organizations such as Mothers Against Drunk Driving (MADD) face a very real threat of losing the next election. If you appear in their courtroom and they show you any leniency, their jobs may be on the line.