×
You have 1 more free article available this month. Subscribe today.
Registered Sex Offender Not Required to Reregister After Overnight Jailing
Prior to the instant arrest, Judge complied with the Registration Act and regularly provided the State police with details about his residence, employment and other pertinent information. A week before the arrest, Judge had updated his registry data. Upon being released from jail on the unrelated charge, Judge returned to his previously-registered residence.
The State alleged that his recent arrest and release from confinement required Judge to register under the Sex Offender Registration Act. The court held that the duty to register upon release from incarceration was triggered by a conviction on a "qualifying offense." Because Judge was not convicted of any offense and he updated his registry data the week before the arrest, the Supreme Court ruled that there was no need to reregister and affirmed the Circuit Court of Tyler County dismissal of the indictment.
Judge was represented by Lori M. Peters from the Public Defender Corporation from Charleston, West Virginia. See: State of West Virginia v. Judge, 228 W.Va. 787, 724 S.E.2d 758 (W.Va. 2012).
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
Related legal case
State of West Virginia v. Judge
Year | 2012 |
---|---|
Cite | 228 W.Va. 787, 724 S.E.2d 758 (W.Va. 2012) |
Level | State Supreme Court |