oklahoma lawyer

Appeal Your Sex Offender Classification

The Deadlline to Appeal Your Current Sex Offender Classification Level is November 1st, 2009.

The Oklahoma State Legislature recently passed House Bill 1509 that will further effect your rights and obligations as a person required to register under the current Sex Offenders Registration Act. This act shall become effective November 1st, 2009. After this date, you will no longer have the ability to effectively challenge your sex offender classification level.

As a person recently assigned an arbitrary sex offender classification level, do you:

  1. Believe that if the facts and circumstance of your case were taken into consideration, your classification would be different?
  2. Live in constant fear that you or your family are at risk due to your classification?
  3. Have concerns about your ability to find a place to live, work, or function as a normal member of society?


If so, we may be able to provide the relief you deserve. But you must act now.

Currently, the law under 57 O.S. § 582(D) allows a person to petition the Department of Corrections or the District Court to override the risk level. Your risk level can be changed if it is determined that the risk level you were given is not an accurate prediction of the risk you pose to the community and the reasons for the change are documented. After November 1st, 2009, your risk level CANNOT BE LOWERED.

To prepare and present your case correctly, you must have a team of dedicated professionals on your side. At Phillips & Associates, we have successfully defended the rights of our clients for over 20 years. Our results and reputation speak for themselves. We are experienced trial lawyers that will tirelessly advocate for you and give you the voice you deserve.

I have included for your review a list of frequently asked questions regarding sex offender classification appeals and the answers to each. There you will find information regarding the appeal process, the cost of the appeal, and other information that will aid you in your decision.

We would be happy to discuss your case without any cost, risk, or obligation. I urge you to call today for a free, confidential, consultation with one of our attorneys or schedule an office visit to discuss your ability to challenge your sex offender classification level. There is never any pressure and if you prefer you can simply visit our website at www.oklahoma-criminal-defense.com to take advantage of our online case review.

We look forward to helping you restore your rights and your dignity. _________________________________


FREQUENTLY ASKED QUESTIONS AND ANSWERS REGARDING SEX OFFENDER CLASSIFICATION APPEALS

Q. How can the government change the terms of my original sentence?
A.
Based on recent United States Supreme Court cases, the Oklahoma Courts have determined that retroactive application of sex offender registration does not violate the Ex Post Facto clause of the United States Constitution. Simply stated, this means that even if you were never required to register as part of your plea deal, unelss you challenge the new law, the Oklahoma government can make you register for either 15 years, 25 year, or even the rest of your life.

Q. What do the “Levels” or “Tiers” Indicate?
A. In theory, the Levels 1, 2 and 4 are meant to represent how likely the government feels that you will commit another crime of a sexual nature. Level 1 being the lowest or least likely to re-offend escalating to level 3 reserved for those “posing a serious danger to engage in criminal conduct of a sexual nature. Levels also dictate how long a person must register: Level 1 – 15 years, Level 2 – 25 years, Level 3 – Life.

Q. How did the government, through the Oklahoma Department of Corrections, determine my new level?
A. Simply put, the government relied on what your original offense was at the time of sentencing and matched it with a pre-assessed number (1, 2 or 3) without consideration of any facts or circumstances of your particular situation. The Department of Corrections calls this their “diagnostic tool.”

Q. Can my classification level be changed?
A. Yes! Currently the law (57 O.S. § 582(D)) allows the risk assessment review committee, the Department of Corrections, or a court to override and change a person’s risk level if the entity believes the originally assigned risk level is not an accurate prediction of your risk to engage in future criminal sexual acts. Ths opportunity for an independent review will end on November 1st, 2009 when house bill 1509 becomes effective.

Q. What actions will you take on my behalf?
A. First and foremost, we learn the details surrounding the events that led to your requirement to register as a sex offender. These facts, are crucial to any legitimate assessment of risk level. We then obtain all records in the custody of the Department of Corrections pertaining to your offense. Following that, in most cases, we will arrange for you to be evaluated by a qualified professional in the field of sexual risk assessment so that standardized testing can be conducted. Once testing is complete, we will prepare a motion to override the Deparment of Corrections Assessment of your current risk level and set a hearing date to present our finding and advocate for a modificaiton that reflects your actual risk level if any.

Q. Is this a class action lawsuit?
A. No. We offer a legal challenge of your current sex offender classification status that is tailored to the specific facts and circumstances of your case.

Q. How much does it Cost?
A. It depends. The average cost for an appeal of this type ranges from $3,500 to $8,000 depending on the complexity of the case. Most cases fall in the middle of this range. After our free initial consultation with you, we will provide to you a written proposal for the appeal that will not change. Life if full of surprises, legal fees should never be one of them.

Q. Are payment plans available?
A. Yes. Under the appropriate circumstances we can arrange for additional time to satisfy payment of a balance. In every case however, at least half of the agreed upon fee must be received prior to the initiation of the appeal process. For your convenience, we accept cash, checks, and all major credit cards.

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