What is the name of your state (only U.S. law)? Michigan
My fiancee is an adjudicated minor convicted of a Tier III offense (Assault with Intent to Penetrate). The incident occurred when he was 14 and he was adjudicated shortly after turning 15. He had been on a school bus with his girlfriend and they were messing around, in typical teenager fashion. He penetrated her with his finger. The bus driver discovered what was going on and called both their parents. The girl claimed to her parents that it had been forced and her parents filed charges. My fiancee was naturally terrified. He had a crappy court-appointed attorney who encouraged him to plea bargain, even though he had several other students on the bus saying it was consensual and his gf made no protests. Moreover, both of his parents were (and are) alcoholics who didn't even bother to get educated. All he had was his attorney telling him what to do, so he did that assuming his attorney was doing what was best for him. Mind you, this particular attorney has a notorious reputation around here for recommending what will take him the least amount of effort (like in this case with a plea bargain instead of going to trial, like he should have). The judge told him that his sentence was six months in a boys' rehabilitation home, but sent him to a two-year program, which he didn't even discover until he was already there and in a group therapy session. He had one failure to register when he was 18 (he merely forgot to go in and they got him two days after deadline, but I do realize that doesn't matter). He is now 26.
Since then, my fiancee has been on the Sex Offender Registry. When the tier system was implemented in 2011, he was listed as a Tier III. Since he was a minor, he was removed from the public registry and placed on the non-public registry. However, this still comes with the usual restrictions. He can't live within 1,000 feet of a school or day care and has to verify his information every three months. He can not own or live in a home with guns.
My fiancee is a fantastic person and has a TON of people who can witness to character. He is an incredible father to our children. He's a hard worker. He's very slow to anger. However, he's frustrated. With these limitations, it's very hard for him to find work and it is greatly affecting our house hunt because of living restrictions. Naturally, he is quite discouraged at this point.
My question is this: what can be done? Is he eligible for removal or at least lowered restrictions? Can an attorney do anything to help him? I'm tired of seeing him punished like this, especially since it's all over one spineless girl's fear of her parents finding out what she was doing. I realize the vendetta against registry people (I have it myself and have even disowned an uncle because of what he did) and that the "he didn't do it" bit is heard quite a bit, but please withhold judgement. I am looking for facts, not judgment.
My fiancee is an adjudicated minor convicted of a Tier III offense (Assault with Intent to Penetrate). The incident occurred when he was 14 and he was adjudicated shortly after turning 15. He had been on a school bus with his girlfriend and they were messing around, in typical teenager fashion. He penetrated her with his finger. The bus driver discovered what was going on and called both their parents. The girl claimed to her parents that it had been forced and her parents filed charges. My fiancee was naturally terrified. He had a crappy court-appointed attorney who encouraged him to plea bargain, even though he had several other students on the bus saying it was consensual and his gf made no protests. Moreover, both of his parents were (and are) alcoholics who didn't even bother to get educated. All he had was his attorney telling him what to do, so he did that assuming his attorney was doing what was best for him. Mind you, this particular attorney has a notorious reputation around here for recommending what will take him the least amount of effort (like in this case with a plea bargain instead of going to trial, like he should have). The judge told him that his sentence was six months in a boys' rehabilitation home, but sent him to a two-year program, which he didn't even discover until he was already there and in a group therapy session. He had one failure to register when he was 18 (he merely forgot to go in and they got him two days after deadline, but I do realize that doesn't matter). He is now 26.
Since then, my fiancee has been on the Sex Offender Registry. When the tier system was implemented in 2011, he was listed as a Tier III. Since he was a minor, he was removed from the public registry and placed on the non-public registry. However, this still comes with the usual restrictions. He can't live within 1,000 feet of a school or day care and has to verify his information every three months. He can not own or live in a home with guns.
My fiancee is a fantastic person and has a TON of people who can witness to character. He is an incredible father to our children. He's a hard worker. He's very slow to anger. However, he's frustrated. With these limitations, it's very hard for him to find work and it is greatly affecting our house hunt because of living restrictions. Naturally, he is quite discouraged at this point.
My question is this: what can be done? Is he eligible for removal or at least lowered restrictions? Can an attorney do anything to help him? I'm tired of seeing him punished like this, especially since it's all over one spineless girl's fear of her parents finding out what she was doing. I realize the vendetta against registry people (I have it myself and have even disowned an uncle because of what he did) and that the "he didn't do it" bit is heard quite a bit, but please withhold judgement. I am looking for facts, not judgment.
