Instructions for fixing the Williams-2011-class offenders in Tier system under AWA, but should actually be in Megan's Law scheme instead. Offenders whose crimes were before 1/1/08 but were sentenced AFTER that date are the only ones which this applies to. This should be done AFTER release from detainment. (They'll lose their racks when round-tripped to Court!)
Disclaimer, I am NOT an attorney, nor attempt to portray one, these are only possible examples from a John Doe. USE AT YOUR OWN RISK. But be warned: They worked for this person.
Go to the Ohio Attorney Generals Website and follow the guidelines below, personalize with your case data and other information:
Nature of Concern/Inquiry:
What is the procedure for Reclassification per George D. Williams 2011-ohio-3374 decision for sex offenders classified only under SB10? I was directed to contact your office by the Public Defenders Office in Columbus.
How would you like the Attorney General to Help?
Contact me via email/phone for procedure if any to expedite this correction for my case. xxXX-xxxx from XXXXXXXX County. The Indictment states the alleged commission date "On or about xx/xx/xxxx through xx/xx/xxxx" which should put me directly into this class of offenders, despite having a sentencing date of xx/xx/xxxx. I was told to quote the Williams decision at the last sentence of paragraph 21: "We conclude that S.B. 10, as applied to Williams and any other sex offender who committed an offense prior to the enactment of S.B. 10, violates Section 28, Article II of the Ohio Constitution, which prohibits the General Assembly from enacting retroactive laws."
The Form Letter email in response is received a few days later, like 3 business days, so actually pretty quick:
Follow up with the Ohio Attorney General's office:
Online Inquiry response:
I had our attorney group review the court docs in light of the Williams decision. It has been determined that without a HB180 hearing you would be classified under Ohio’s Megan’s Law as a Sexually Oriented Offender. That class registers on an annual basis for a period of 10 years. A letter will be sent out by the attorney group detailing the class change. It will be sent to both you and the local Sheriff Office.
MatterID: (Number) Constituent: (ME)
County: No County entered
Received Date: (date mailed)
At the same date/time is when the Sheriff's and Local PERsecutor are notified of change of status. So check your local "listings" (/humor) to verify the positive.
The Paper Letter is such, received a week after initial contact, redacted for recipients anonymity of course.
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Then of course, DO NOT GET SCARED.. You are required to have a hearing on this. It can be a HB180 Hearing to go higher than Oriented Offender, but all depends on the case, and how corrupt the Judge and PERsecutor are. This is usually a "clerical" hearing to put it on the record, but FIND OUT BEFORE the hearing what the PERsecutor is actually up to! He'll have to state it is an HB 180 hearing for you to be elevated to higher classes. This is why you need counsel, as you aren't ready to "play the game."
Local PERsecutor motions for a "States Motion to set a re-classification hearing." The whole thing summarizes crime date, sentencing date, under prevailing law at time.. blah blah legalese blah. Williams provided that AWA Tier 3 was unconstitutionally applied by retro-activity clause. Therefore ... should be registered pursuant to Megan's Law which was controlling at the time.
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Said hearing is a required attendance, AND with Counsel. So, if you are indigent, file a PRO SE motion, using the standard Motion Format, (See one of your case documents online as a reference for the heading, and just double space the rest of it.) Bold in headings. Pretty simple actually, only the wording is a bit legalese and foreboding, but here's some help... Centered means centered, left is left, and right is right.
Just follow along the spacing is such that 12point Arial below fits perfect line for line setting margins accordingly in WORD which works fine but remember to double space the lines, print it on a Laser if possible at 300dpi which looks real nice. Or, let the inkjet printed page dry very well if you have to use one:
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At this point, you will be appointed an attorney. Find as much information as possible from your own case to make yourself have more mitigating than antagonizing circumstances if you can. Discuss everything with your lawyer!!! For instance, if Judge had stated your likelihood of reoffending. In the case at hand above, the Judge stated on the record that "client scored
If you did have a PAID attorney, this is considered part of the sentencing hearing, so that attorney was actually ALREADY paid for this hearing, so they shouldn't make you pay, you hope. Else, if you are indigent, ask for attorney again, (only if you trust them,) then court pays them LESS than what they got from you. They'll lose "face" in the court otherwise.
Anyway, Good Luck, and hope this helps.