[dunwithat]

Several years ago, as part of a plea agreement, I plead to a sex-offense charge prefaced with "attempted".
I have been unable to find anyone with even an opinion about whether the word "attempted" affects the actual elements of the post-probationary period.
In other words: what stipulations may be "flexible" or not mandatory for me because of the wording of the conviction. Is that why they use that word "attempted"? Is there a legal distinction?

I know it would have been more smart to ask these questions prior to a plea, but at the time, I was in waaay over my head.

Thanks you for your help.

[N0help4u]

I would say it means to have actually attempted to do the crime and have the means and the intention.
What was the outcome on your record?
Did they say anything about putting you on a perpetrators list like Megan's Law?
Did they say you had to stay away from kids?
I think you should ask exactly what they have on record on you.

[Fr_Chuck]

Several issues, first it was a plea senctence agreement,
Next attempted means that you were trying to do the crime, but was not able to complete the crime.

For example if you run into a bank, hold a gun to the teller and ask for the money, she does not give it to you, and you leave, that was attempted since you did not actually get the money.

If you throw a lady to the ground, strip her clothes off, and try to rape her but don't do it, it would be attempted.

So without knowing the crime and the details ofwhat happened only you know why you attempted it but did not actually do it.

Also it is possible you did the crime but in return for your plea you were able to plead to a less serouis charge.

How does it effect your probatoin, not one bit, your probation is the probation you were sentenced to, at sentencing, your agreement was to receive certain probation time in exchange for pleading guilty.

there are many basic probation rules that seldom change, many will depend on the level of your probation.

so you may have to check in every week to start, or once a month, you may be required to take drug tests every visit, or it could be random.
The probation officer is allowed to do unanouced home visits, and visits to where you work ( they seldom do this, but they can)

You will have to notify them if you move anywhere in the local area and have to get permission to travel out of state and permission to move out of the local area.

These are just basic things most all have, but sit down with your PO and they will explain the rules to you.

[dunwithat]

I would say it means to have actually attempted to do the crime and have the means and the intention.
What was the outcome on your record?
Did they say anything about putting you on a perpetrators list like Megan's Law?
Did they say you had to stay away from kids?
I think you should ask exactly what they have on record on you.

The record shows "1st degree felony attempted ..... " (I'm sorry, I am very ashamed of some of the past choices I've made)
During probation my contact with children was limited, but as my rehabilitation progressed, I was allowed more contact, particularly as relates to my own children, who live with my wife and I. Megan's law, and others like it, require that I am restricted from loitering in places where children are likely to congregate, but I am allowed to continue to be involved with my children in school, sports, etc.
I am currently required to register, under megan's law, but uncertain if I am required to for life, or for 10 yrs, because there is no information about the "attempted" crime. As I read the current statute, my particular crime, had I been convicted of it without "attempted" muddying the waters, would require registration for life. However, it would also have come with very heavy prison terms, had the waters not been "muddied", again the term "attempted".

[excon]

Hello dun:

I don't know about later... The Padre is right about NOW. Nothings different because of that word.

But, given that I know who these people are, I'll bet that no matter what the law actually says, they'll try to make you register for life. When that time comes, you're going to need a lawyer.

excon

[Fr_Chuck]

Yes, I will agree with excon, the visits with your children is controlled though family court and the rules they set for your visits.

As for as registering latter, normally with Megans laws, they view the attempted the same as the actual crime. But in the actual sentence it should have specified, in 10years you will need an attorney to try and get off the list.

[dunwithat]

Thanks for all your help.
I had assumed I would be a registrant for life, and I do not necessarily feel as though that is "unfair", though in my opinion, it clearly does NOTHING to keep people safe...
But I don't think the registry is designed to keep anyone safe. It's designed to make people feel like they've done SOMETHING, and I understand that response. The registry remains, however, a punitive part of sentencing, rather than a safety measure.
I really do not expect anyone to "understand" my crime. It has taken me many years of intensive therapy and a lot of real honest moments with myself to get to a point where I begin to understand the reasons I was able to make the choices I did.
However, I would like to see society, someday, address the facts that surround sex offenses and offenders. Namely:
1) that fewer than 6% of sex offenders ever commit another sex offense. Is that too many? Absolutely. But compare it to other crimes and the recitivism rate is surprisingly low.
2) that when we talk about rehabilitation, and we make it mandatory in sentencing, we should believe in it, or quit doing it. What we do now is two-faced.
3) And lastly, that there are some very great societal influences (NOT CAUSES, just influences) that we can mitigate, if we care to, and which would have a greater impact on keeping people safe than any registry ever will. (do not misunderstand my statement: my choices are mine alone, and I blame no-one. But to ignore the factors that led me to believe I could reasonably make those choices would be irresponsible of me)

Something someone said to me yesterday made me question the assumption I had made about the registration, so I thought I'd do a little googling.
Thanks for your opinions. I'll try to hang out and share my own knowledge on other topics as I can.

[dunwithat]

Yes, I will agree with excon, the visits with your children is controled though family court and the rules they set for your visits.

As for as registering latter, normally with Megans laws, they view the attempted the same as the actual crime. But in the actual sentence it should have specified, in 10years you will need an attorney to try and get off the list.

Just as a matter of clarification, family court is not involved, at all, and these are not "visits with my children". I live with my children. I am their father, in every sense.

The sentence was 90 days and 36 months probation... on a 1st degree felony. The court stipulated "no contact with minors unless approved by the court", which in translation meant "as approved by my P.O."

So there are many inconsistencies with typical 1st degree felony sentencing and after-care, and I wondered if that same inconsistency may be applied after probation, as relates to registration duration, or even reduction of conviction. But I'll find an attorney as that becomes a priority.

Thanks again.

[excon]

I wondered if that same inconsistency may be applied after probation, as relates to registration duration, or even reduction of conviction.

Hello again, dun:

Dude! As you've indicated, you've already learned that much of it is BS. Why are you wondering about the rest?

excon

[dunwithat]

Hello again, dun:

Dude! As you've indicated, you've already learned that much of it is BS. Why are you wondering about the rest?

excon

YOU'RE RIGHT! :cool:

I don't typically spend much time thinkin' about it. It is what it is. Somewhere down the road, I'll probably find an attorney and explore the possibilities a little.

Thanks dood!! :)

[excon]

Hello again, Dun:

The reasons I say what I do, is so that you can come to understand what it REALLY means. You're beginning to get it. Only knowing THAT, will you be able defend yourself from them during your long, long association.

excon