California-Megan's Law Violation

[h0peless151]

This is a long story, so bear with me, also, I just found out all this information recently so details are a little fuzzy. 10 years ago my father was arrested and convicted of violating California Penal Code section 288a. He picked up an underage prostitute, I don't know how many times, but eventually was arrested in Victorville, CA. The mother of the girl told my dad that she wouldn't let her daughter testify if he paid her some large amount of money. He didn't pay, so she testified. I don't know what evidence was brought against him or any of the testimony. My dad served time from 1996-1998. When he got back, my mother and him separated. Instead of registering as a sex offender, he got an apartment in Tiajuana, Mexico. However, he still lived here with the family in San Diego.

On April 30th, 2006, he was arrested. The police searched our house and took pictures of his belongings and what not. The police also interviewd me and I told them I never knew of his past or him living in Mexico. My dad had a 100,000 dollar bail set, however his attorney got it reduced to 80,000 and a bail bond released him. I just found out I have been ordered to court, the same with my mother. My mother has told me if the police interview me, that the attorney has said that I should say my father has only stayed in San Diego for 5 days maximum. As for his belongings, his clothes are old and don't fit, so I guess that's evidence that he never lived here. I can't say that he just kept them overnight because he didn't want to bring a suitcase over, because I never knew he lived anywhere different. However, if I say that he lived here for more than 5 days, my mom could be arrested for something along the lines of harboring a fugitive.

My questions: What is this 5 day maximum thing? And is it really possible for my mom to be arrested for letting my dad live here.

 

[CdwJava]

Yes, it's possible for mom to be arrested for this ... it is also possible that any minor children in the home (if any) will be taken from the home because of the risk she placed them in for letting this guy stay with her again.

Also, no attorney told mom to tell you to lie. SHE is trying to manipulate your testimony and this is a crime.

Unless YOU aso want to be in trouble with the law, you need to tell the truth on the stand and that's it. Appear in court, don't lie, answer questions truthfully, and don't let anyone manipulate you into doing or saying "half truths" or "white lies".

- Carl

 

[h0peless151]

Thank you for your advice. I did have have someone from CPS talk to my 13 year old sister about my dad and if he ever molested her, I'm assuming because nothing has happened and since my mother hasn't mentioned anything to me, nothing happened to her. Is it illegal for my dad to live with us, if he isn't convicted again? And if in the event of my mother being arrested and convicted, and my father being convicted as well, would I end up taking custody of my sister?

 

[CdwJava]

Thank you for your advice. If in the event that my mother is arrested and convicted for housing my dad, does this mean I would end up having custody of my 13 year old sister?

No way to know. That would be up to CPS and then the court to decide. However, immediate family is given a lot of weight when it comes to custody ... but, the first consideration would be whether you could adequately provide for her.

As for your additional question, no, it is not illegal for him to be living with you ... it is illegal for him to be in CA and not to be registered as a sex offender. And mom might be charged with child endangerment and, perhaps, delaying, resisting, or obstructing a peace officer.

Why is your mom supporting this lout?

- Carl

 

[magic55]

You could apply for custody if you wanted to. It depends how old you are, I am assuming you are over the age of 18, so yes you could apply.

 

[Some Random Guy]

Depends on your age and whether there are other willing relatives. There are many other things to worry about first, including the well being of your sister who has been living with a known child molester for many years.

Also, when deciding whether to follow the mind numbingly stupid advice from your mom to lie in court, consider how long it will take your sister to crack under police pressure and admit her was living there the whole time.

Then you may find yourself in legal trouble.

 

[h0peless151]

No way to know. That would be up to CPS and then the court to decide. However, immediate family is given a lot of weight when it comes to custody ... but, the first consideration would be whether you could adequately provide for her.

As for your additional question, no, it is not illegal for him to be living with you ... it is illegal for him to be in CA and not to be registered as a sex offender. And mom might be charged with child endangerment and, perhaps, delaying, resisting, or obstructing a peace officer.

Why is your mom supporting this lout?

- Carl

Umm...I honestly could not tell you why she's still with him. She originally told me my dad was blackmailed, then my dad's jail buddy told me how me met my dad. I still don't believe everything, I'm a poor college student so I cant buy transcripts of the case. I'm assuming my dad lied to her, and she's lying to me. I guess I can't have custody of my sister because I am only an unemployed college student, either my granfather in Seattle or aunt in South Carolina would get her I guess. My mom also told me the attorney in the first case with my dad to move to move to TJ and claim residency there but still live here with the family so he wouldn't have to register. I think what he did was illegal, that's why the cops went after him. My mom said their separation was a coverup so he could still see us. I just feel like I'm stuck between a rock and a hard place now. I actually helped set my dad up for the cops to arrest him, I had no idea it would come this far.

Another question that comes to mind: If my mom and dad were both in jail, what would happen to everything they own, as in their house and cars? And since I have finals and I have to move out of my dorm, which is on the same day I was subpeoned. Can I not go to court as long as I call the court and tell them I can't make it?

 

[Some Random Guy]

My mom also told me the attorney in the first case with my dad to move to move to TJ and claim residency there but still live here with the family

That's a criminal and con artist thought process, not a legal one. I'd bet that your father came up with it and convinced your mother it came from the lawyer.

 

[h0peless151]

Update on Megan's Law Case

So the police have called my mom asking for me. I go to college and live on campus in San Bernardino, so I obviously wasn't there. She's told me that if in the event a cop pulls me over for something and wants to ask me about anything regarding my dad, that I'm not allowed to say anything because my mom got us an attorney, and I can't talk untill the attorney is present.

I still have a few questions: If both my parents end up in jail, what's gonna happen to anything that is in their name, like the house and car? I'm just a 19 year old unemployed college student, so would I have to sell their stuff because I can't make a mortgage payment? Or would their stuff sit and wait for them? And since I have finals and move out of my dorm on the day I've been ordered to court, is there a way I can get out of going, like call them and reschedule?

 

[CdwJava]

She's told me that if in the event a cop pulls me over for something and wants to ask me about anything regarding my dad, that I'm not allowed to say anything because my mom got us an attorney, and I can't talk untill the attorney is present.

Wrong.

Mom is playing you.

I still have a few questions: If both my parents end up in jail, what's gonna happen to anything that is in their name, like the house and car?

They can sign it over to you. They can sell it to pay for legal fees. They can just let it sit until they get out (hopefully paying the bills that come due). Unless they have to sell the stuff, it will remain theirs.

And since I have finals and move out of my dorm on the day I've been ordered to court, is there a way I can get out of going, like call them and reschedule?

Finals are next week. You knew about this a year ago! A court is NOT likely to be too receptive to your last minute call (literally) about coming in to testify.

Call the office that subpoenaed you on Monday morning. And, remember, if you fail to show, remember that a warrant can be issued for your arrest ... and it is not uncommon for witnesses to be arrested and taken to court.

- Carl

 

[CdwJava]

Ignore her.

Show up in court, testify truthfully, and remember that any problems that have and will occur are the fault of mom and felon, not you or your sister.

- Carl

 

[h0peless151]

Wrong.



Finals are next week. You knew about this a year ago!
l

Thanks for the advice. And you're right, I knew I had finals when I started school. However, I didn't know my dad would get arrested, I didn't know the cops would have me help them arrest him, and I really had no idea that I would be ordered to court. In fact, I didn't even know my dad was a sex offender untill the cops told me. I was only notified last night that I got ordered, and this morning my mom called to tell me the cops are calling me. I'm actually coming home this weekend to get the letter and make the call.

 

[h0peless151]

Show up in court, testify truthfully, and remember that any problems that have and will occur are the fault of mom and felon, not you or your sister.

- Carl

Thank you for your help. I really do appreciate it. It's been a very confusing past couple of months, and I really do appreciate that some unbiased people are here to help.

 

[CdwJava]

You're welcome.

But, even though you didn't know that all this drama was going to happen, you have likely known about this court date for weeks. THAT is what the court is going to look at when deciding on re-scheduling or not. Hopefully you will get them to agree to put you off for a week. If not you, you will need to see if you can scramble and take some finals earlier in the week or later - depending on when the dates are.

And tell the truth. Don't lie to protect anyone ... she has obviously chosen to risk everything for this lout - you do not need to risk jail for this. They chose to make this situation what it is, not you.

Good luck.

- Carl

 

[calatty]

I agree with everything CDW said. Don't lie in court. You won't be helping anyone because it will be obvious you are lying. Your father put himself and his family in this situation. He could have just registered like thousands of other offenders. Maybe he had something else to hide.