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Defendant Contends Grand Jury Indictment

A New York Sex Crimes Lawyer said a man was convicted of rape, a sex crime, in South Carolina sometime in October 19, 1992. He was sentenced to a prison term and he has fully served his prison sentence. During his incarceration, the Sex Offender Registration Act was enacted which requires all convicted sex offenders to register their address within ten (10) days from changing one’s address. The man was designated as a level three sex offender. After his release, the man failed to verify his new address with the local law enforcement agency. He was charged with a violation of the Correction Law, that is, that he failed to register as a sex offender.

When he moved from South Carolina to the state of New York in July 6, 1999, after his release, he registered as a sex offender in New York. A New York Sex Crimes Lawyer said that sometime on November 12, 2002, the man changed his address from New York to Hoboken, New Jersey. He notified the Division of Criminal Justice Services of this change of address. After this, the Division of Criminal Justice Services has not received any other change of address from the man until July 2006.

Evidence has been acquired by the local law enforcement in Kings County that the convicted men changed residences from New Jersey back to King’s County in New York. He first lived on Herkimer Street and about two months later, moved from Herkimer Street to Gates Avenue but he did not inform the police of this change of address nor did he notify the Division of Criminal Justice Services.

The complaint which was filed by the local police of King’s County which became the basis of a grand jury indictment stated that upon investigation, the local police found that the convicted sex offender was not at his declared residence. They asked around and found that the convicted man had been living since February 27, 2006 at a halfway house on Gates Avenue. The police officers went to the halfway house and talked with the administrator of the halfway house who confirmed that convicted sex offender was living there.

The arresting officer waited for the convicted sex offender to arrive and followed him to his room and there, he placed the convicted sex offender under arrest. A Nassau County Sex Crimes Lawyer said that at the station, the convicted sex offender admitted during custodial investigation that he had changed residences and that he had not informed the local police or the Division of Criminal Justice Services of his change of address.

The District Attorney then presented this admission of the convicted sex offender before the Grand Jury and the Grand Jury returned an indictment for a violation of the Corrections Law for failing to register the change of address.

Upon arraignment for this indictment, the convicted sex offender moved for the dismissal of the indictment on the ground that there is no sufficient factual basis for the indictment other than his own admission. The convicted sex offender contends that there must be evidence of his change of address other than his own admission. The trial court denied his motion and proceeded to trial. The convicted sex offender was found guilty of failing to register as a sex offender.

He appealed his conviction. A Queens Sex Crimes Lawyer said the only question before the Honorable Court is whether or not the indictment should be dismissed.

The Court held that the convicted sex offender is correct in asserting that there must be evidence supporting the information which corroborates his admission that he has changed his address and that he has failed to register his change of address. The rules of criminal procedure require that a person may not be convicted solely upon his own confession or admission.

Here, the Complaint Room Screening Sheet which was accomplished by the police officer upon custodial investigation of the convicted sex offender was not signed and it was not referred to in the information or made a part of the information. From this, it is clear that there is no basis for the grand jury to hold that a crime had been committed and that the convicted sex offender is probably guilty thereof.

Are you facing charges for rape, assault or sexual abuse? Are you wondering what will happen to you if you are convicted of the charges? Speak to a King’s County Sex Crime lawyer: he can advice you of the collateral consequences of a conviction for a sex crime. A King’s County Sex Crime attorney will tell you that you will have to register yourself as a sex offender wherever you go. A King’s County Sex Crime lawyer will tell you that your conviction will haunt you forever. Call Stephen Bilkis and Associates. Speak to any of their King’s County Sex Crime lawyers. They are willing to represent you and argue your case in court. Speak to any of the King’s County Sex Crime attorneys at the offices of Stephen Bilkis and Associates.

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