All consultations concerning the Sex Offender Registry, even an initial brief first telephone conversation are, of course, confidential.
Attorney Elikann has represented an extensive number of people before the Sex Offender Registry Board and helped them reduce their classification level. He has led and chaired educational programs educating other attorneys about the Sex Offender Registry and has he written about this law. In fact, he was the editor of the definitive comprehensive over-all article about the Massachusetts Sex Offender Registry that appeared in the Massachusetts Law Review. But most important he has aggressively fought them in the courtroom.
The laws concerning the Massachusetts Sex Offender Registry are complex and lengthy. However, in a nutshell, under Massachusetts Law, people convicted of certain sex offenses are required to provide their home and work address to the Sex Offender Registry. Failure to do so is a criminal offense. It can result in a conviction that includes incarceration. One is then asked to submit material to the Sex Offender Registry to give them input about the person so that the Board can give them a preliminary classification of either Level One, Level Two or Level Three or to be relieved of the requirement to register altogether. If one is dissatisfied with their preliminary classification, they can request a hearing to challenge it.
Where the Sex Offender Registry Board determines that the risk of reoffense by an offender is low and the degree of dangerousness posed to the public by that offender is not such that a public safety interest is served by public availability, the Board shall give that offender a Level 1 designation.
Information on Level 1 offenders will not be available to the public. Neither the police nor the Board has authority to disseminate information to the general public identifying a Level 1 offender.
Where the Sex Offender Registry Board determines that the risk of reoffense is moderate and the degree of dangerousness posed to the public is such that a public safety interest is served by public availability of registration information, it shall give a Level 2 designation to the sex offender.
The public shall have access to this information regarding a Level 2 offender through their local police department and through the Sex Offender Registry Board. But a member of the public must actively seek this information through a request as it will not be otherwise disseminated to the public.
Where the Sex Offender Registry Board Determines that the risk of reoffense is high and the degree of dangerousness posed to the public is such that a substantial public safety interest is served by active dissemination, it shall give a Level 3 designation to the sex offender. This information can be given out to the public through a number of ways such as television, newspapers or publicly displayed posters. Also, as with the Level 2 offender, a member of the public can request this information through the local police departments or through the sex offender Registry Board.
There is an appeal process of the result of the classification hearing and, additionally, after a period of time (typically 3 years), one can apply for a reclassification.
If you need representation before the Sex Offender Registry Board for any sex offender issue including a classification hearing, contact Attorney Peter Elikann for a private and confidential consultation at 617-742-9462. He also represents people accused of any sex crime in federal or state court.
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