Failure to Notify Conviction Reduced
A defendant was convicted of rape in 2004 when Megan's Law was in effect. Since then the General Assembly passed the Adam Walsh Act (AWA) which drastically increased the burdens on convicted sex offenders. The Ohio Supreme Court decided in Bodyke that it was unconstitutional to impose the AWA restrictions on those sentenced when Megan's Law was in effect. This defendant failed to make notification of his change of address which would be a crime under Megan's Law or the AWA. He was convicted of a first degree felony under the AWA but the Second District Court of Appeals reversed that conviction and remanded the case for re-sentencing as a third degree felony since failure to notify was a third degree felony under Megan's Law. Read the decision here.
If you are accused of a crime or have been convicted already, contact me if you can afford to hire a private criminal defense lawyer. Otherwise, contact your county or state public defender to see if they can help.
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