If you are directly affected ..

February 16, 2008 Leave a comment Go to comments

If you are directly affected by this law…as a sex offender on registration or a family member or friend of one, here is what you NEED to do immediately:

1. File the complaint forms with the local courts. They are provided for you at Ohio Public Defender web site. (http://opd.ohio.gov/AWA_Information/Adam_Walsh.htm)
You must do this , not only to protect your own constitutional rights, but also to join in the fight to make it more likely that we will succeed as a whole. File both the Motion for Relief from Community Notification and the Petition to Contest Reclassification. Make sure you also note on your filings that you contest the Constitutionality of the law’s application: “that SB 10 violates the ex post facto, double jeopardy, and separation of powers provisions of the Ohio Constitution and the United States Constitution”. The more complaints filed, the more cumbersome it becomes for the courts and politicians. It not only assures you of contesting your own rights, but it also strengthens the cause throughout the state and nation.

File in the county of your registration AND the county of your conviction (if different). File copies with both the Clerk of Courts and the County Prosecutor, as instructed. Keep a copy. You have an extended deadline but it will not go on forever so get it done!

2. Call, email and write your local representatives.
Be persistent and forceful in what you have to say to them. These politicians are cowards and bow to public opinion more than you know. Any indication that they will receive negative media attention will scare them more than you know. Tell them you insist that they stand up against the AWA law or that they resign. Do not make your case personal. No politician really cares about your own personal interests. They only care how it affects their reputations. Base your case on the illegality of the law and the irresponsibility of their actions in passing it. Beyond all, let it be known that you are not “asking” them , but rather demanding. Remember that these political and elected officials hold their positions ONLY as a privilege and at the pleasure of us, the citizens who vote !

3. Join ConstitutionalFights and our efforts to fight AWA and the SB 10 laws. Sign our petition at http://www.petitiononline.com/oh08/petition.html.

4. Start an online blog. Start a forum or group. Help us spread the word about our blog sites. Post comments to news and blog posts which address sex offender law issues. Feel free to include a link to our blogs as a resource for “more information”. Search our blogs to gather data and statistics to substantiate your points. Post fliers in public places referring those interested to our sites, or others, to become more educated and involved. Use VistaPrint, or other free online business card sites to order free business cards to leave in public places for the same purposes. Send friendly informational fliers to registered sex offenders in your town with a link to where they can find more information and become active in the fight.

5. Become active in your state. Find your state organizer at RSOL. If there is no active leadership in your state, become that leader. If there is leadership, contact them and become active in the work each state must do to fight these laws. Don’t just complain; do something to change your situation!

6. Donate to the cause. We hear from many of those affected by these laws.  Most of them complain about how it has devastated them and their families, but very few of these actually take action or donate to the cause.

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  1. Alyce Kalb
    August 6, 2008 at 11:10 pm

    We filed the necessary motions in the county where the conviction was and were told to file in the county of residence. The judge (Ohio) has put the motion on hold indefinitely until a decision is rendered at the state level, since his court was “inundated” with appeals. Now we are stuck in limbo….

  2. August 6, 2008 at 11:27 pm

    Yes, the county re-classification hearings have been postponed at least three times already this summer. They are waiting for the county courts to decide on the Constitutional challenges occurring in every county throughout Ohio. These challenges are costing tax-paying Ohio citizens millions of dollars to defend and these challenges will ultimately end up at the Supreme Court level. But, the fact that the counties are refusing to hold re-classification hearings until the Constitutional challenges are addressed is, at least, good in one respect. It was clear that these re-classification hearings were to be a farce; you would appear in court and they would decide: “yes, you are re-classified under this law”..period. A waste of time and a farce of justice. At least with these delays, the courts wont be conducting these farce hearings.

    Update Nov 1, 2008: At least in Ohio’s Capital, Franklin County, the community notification hearings have been indefinitely postponed pending District Appeals Court Rulings. In other words, as the county courts are ruling on the constitutionality of these laws, their decisions are so inconsistent that they are all going to be appealed to the next higher court (District Appeals Courts). This could be months (or even a year) down the road. Therefore community notification rulings may not be heard for quite a long time. They may even wait for the Ohio Supreme Court to decide these cases before they take place.

  3. Stephani Fields
    September 12, 2009 at 3:13 pm

    We are currently waiting on a decision from Ohio’s 11th District Court of Appeals on our case. The hearing was held over 4 mths ago and still we know nothing. 11th Dist. has reversed a number of decisions made by the Common Pleas courts. We are hopeful and also anxiously awaiting a decision from the Ohio Supreme Court on related cases. We have been reclassified from sexually-oriented offender to Tier II. Original conviction December 2006. Original registration requirements were due to end Nov. 2007. We fell into the 6 mth window prior to law taking effect. We have had clean record during entire reporting period. We have not been able to find employment, have been evicted from residences, have been shunned by community. We just want to live our lives and provide for our child. We are without legal representation due to financial hardship.

  4. Fred
    January 30, 2010 at 4:48 pm

    see Droney v Fitch in the United States District Court Eastern District of Missouri.

  5. Robert
    May 9, 2010 at 11:15 am

    Who do I go to for help in dealing with the courts and state of WV?
    —————————————————————
    RSOL Affiliated State Groups Recognized by or Affiliated With RSOL can be found here (click on your state):
    http://www.reformsexoffenderlaws.org/groups/index.php

    But remember… if your state is not listed, then you need to become the organizer, or help find one. This is a network of people like you and me working in a fight against our government. Don’t expect everything to be done for you on these pages or blogs. All state organizers are simply people like you and me, who are sick and tired of these laws punishing people who have already been punished greatly. Some organizers may have backgrounds related to legal, social or professional work, but do not confuse state organizers for free legal help. If you do that, you don’t understand this whole fight, and our entire efforts. If you are asking for free professional legal help on these sites, you are in the wrong place. This is a community and civil action, constitutional rights ,grass-roots fight.
    -CF.org

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