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How to Appeal Registration as a Sex Offender

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sex offender registry

After a conviction for a sex crime has been handed down, it may be possible for the defendant to file an appeal. An appeal is a legal action that involves the defendant submitting a request to the court to overturn their conviction. The defendant can claim many different reasons that justify his or her appeal. Choosing which areas of the case to focus on can have a big impact on the outcome of an appeal.

Reasons for an Appeal

When filing an appeal, the defendant may point to certain aspects of their case that may seem to justify an overturned conviction. Some of these areas may include:

Whatever the case, it takes a great deal of evidence to convince an appellate court to approve an appeal in a sex crimes case. An appeal that negates sex offender registration is not easy to obtain.

The Appeal Process

In order to carry out an appeal, several things must be done. First, the defendant and his or her attorney must choose the issues on which to base their appeal. By law, they are only allowed to bring up issues that they attempted to argue during the trial.

For example, if the defendant argued during the trial that a certain piece of evidence should not be admitted due to improper police behavior, the defendant can argue that same issue again during the appeal. The purpose of an appeal is to allow the defendant the chance to show that their trial was unfair in some way. If their initial argument about the evidence was unsuccessful and the evidence was allowed, the defendant may be allowed to challenge that evidence during the appeal.

The next part of the appeal process involves another requirement. After identifying the issues that justify the appeal, the defendant must show that these elements had a significant impact on the case.

For example, if the evidence that the defendant protested during the trial was the critical piece of evidence that led to the conviction, the defendant may argue that the evidence was responsible for the outcome of the case. If the defendant can prove that such critical evidence was submitted improperly, there might be sufficient grounds to overturn the conviction.

Reversal of Sex Offender Registration

Mandatory sex offender registration is a common punishment for many sexually based offenses. In theory, a successful appeal of a sex crime conviction could reverse this mandatory order. However, this isn’t an easy task.

The defendant and his or her lawyer will have to find a valid reason for the registration to be reversed. Some of these reasons could include:

  • The jury was instructed improperly
  • The judge had a personal bias against the defendant
  • Important evidence was excluded from the trial
  • Police misconduct

If the defense attorney can introduce enough evidence to show that the guilty verdict was reached unfairly, it may be possible to reverse the registration order.

In many cases, an appeal will take place after the defendant has already been placed on the sex offender registry. In these cases, a successful appeal will effectively remove the defendant’s name from the registry.

Although appeals are not always successful, it is entirely possible to construct a strong case for an appeal. This process will require a careful study of the evidence and measured arguments. The best way to begin this process is to consult with an attorney. An attorney with in-depth knowledge of the case may be able to advise a defendant on the best way to proceed with an appeal.

If you’ve been accused of a sex crime, it’s crucial to contact an experienced attorney. Brett A. Podolsky will fight to protect your rights. Call 713-227-0087 or email for a confidential consultation today!

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