Sex offender registration began here in Minnesota, with the 1994 Jacob Wetterling Act. At the time, Jacob, who was kidnapped in 1989, was still officially missing. His remains were not discovered until 2016.

Jacob’s mother, Patty Wetterling, was the driving force behind the sex offender registration law. In 2016, she announced that she had “turned 180 [degrees] from where I was.” Sex offender registration laws prevent former offenders from reintegrating into society, she explained. Indeed, many recent studies have shown that sex offender registration laws have little, if any, effect on recidivism.

These recent developments do not mean the end of sex offender registration laws. However, this environment does make it easier for a St. Paul sex crime lawyer to get defendants off the sex offender registration list.

Some Sex Crime Defenses

Frequently, the best way to deal with the sex offender registration issue is to keep the defendant’s name off the list to begin with. An aggressive defense can make this happen. Many criminal sexual assault and other sex crime cases rely on physical or circumstantial evidence. As a result, a St. Paul sex crime lawyer has a number of options, including:

• Chain of Custody: At a minimum, rape kits usually go from clinics to police laboratories to evidence rooms to courtrooms. This physical evidence might make additional stops as well. Any gap in the chain of custody helps a St. Paul sex crime attorney create doubt as to its reliability.
• Test Results: On a related note, the results which police technicians claim to obtain are not always correct. That’s especially true if, as is often the case, a victim advocate reviewed the sample.
• Search and Seizure: These issues often come up in pornography possession cases. Generally, officers must have probable cause and a search warrant before they scroll through a smartphone or look for other evidence. Alternatively, a search warrant exception, like consent or plain view, must apply. Special rules may apply if the defendant was on probation at the time.
• Ulterior Motive: About 85 percent of alleged sex offense victims know their attackers. Alleged victims almost never fabricate stories out of nowhere. However, if the defendant had no criminal record or there was a parallel proceeding in family court, some jurors may have a reasonable doubt as to the allegations.

Defenses like these may result in a not-guilty verdict or a complete dismissal of charges. Alternatively, a St. Paul sex crime lawyer may be able to use these defenses during pretrial negotiations. Ramsey County prosecutors are sometimes willing to reduce the charges.

A word of warning here. In some cases, even if the defendant is not technically convicted of a sex crime, registration might be required.

St. Paul Sex Crime Lawyers and Risk Level

After a 2015 lawsuit, Minnesota’s sex offender registration laws changed radically. The old days of lifelong registration for anyone who commits a certain offense are gone. Now, registration requirements hinge not on the nature of the offense, but on the possibility of a repeat offense. After all, registration laws are designed to stop recidivism. So, it makes sense that this possibility, or the lack thereof, should be a controlling factor.

Within 90 days of release from custody or discharge from probation, all Minnesota sex offenders must undergo a risk assessment. There are three levels:

• Level One: These individuals have a low reoffense risk. Typically, these defendants have no criminal history as a sex offender. Level One offenders must register, but the registration is not public record.
• Level Two: The moderate level is basically the default level. Persons with relevant criminal records or first-time violent offenders are almost always Level Two offenders. These individuals must register, and their names, offenses committed, and other information are public record.
• Level Three: CSC and other violent offenders with relevant criminal records are usually Level Three offenders. At this level, the registration is not just a public record. Law enforcement broadcasts the defendant’s whereabouts to area at-risk organizations, such as churches or daycares. Additionally, if the offender relocates, law enforcement may conduct a town hall-type meeting for the neighbors.

Mitigating evidence in these cases includes the removal of a substance abuse addiction which contributed to the offense, a relocation to a new area (i.e. a change of scenery), involvement in a twelve-step or another recovery group, a job, and a supportive network of family and friends.

At several points, a St. Paul sex crime lawyer plays a critical role in the risk evaluation process. Even though the risk evaluation is not a legal proceeding, an attorney can often advocate for the defendant. Sometimes, this advocacy includes a partnership with a medical expert. Subsequently, a St. Paul sex crime lawyer can petition for a risk level reduction. Typically, a defendant may file up to one request a year.

Contact a Savvy Attorney

Sex offender registration does not necessarily mean a lifelong black mark. For a free consultation with an experienced St. Paul sex crime lawyer, contact Capitol City Law Group, LLC. Go online now, call us at (651) 998-7634, or stop by 287 6th St E, Suite 20, St Paul, MN 55101.