Summary
A member of FEARLESS has been charged with failing to re-register in March. He is contesting that charge, in part, on the basis that he had no legal obligation to report each quarter because that requirement was not contained in his original court sentence. If your SOR status changed and reporting requirements were determined by the Nebraska State Patrol after your original court sentence, please provide contact information to Nebraskans Unafraid at nunafrd@gmail.com so that you may be reached if appropriate as the case develops.
Details
A FEARLESS member has convictions that require SOR registration in Nebraska. However, no court found the offenses to be aggravated. He has been professionally evaluated by five (5) mental health programs and all concluded he was unlikely to re-offend.
However, in 2010, the Nebraska State Patrol determined he, and many others, was to be a lifetime registrant due to a change in the Nebraska statutes. Lifetime status requires a personal report to the Sheriff’s Office every three (3) months.
In April, 2019 he was arrested and charged with failure to re-register in March, a Class IIIA felony. The charge is based on the absence of documentation establishing that he did report in March that there were no changes of his status to report.
After a Preliminary Hearing, the County Court Judge bound the case over to the District Court for arraignment on July 17.
He and his attorney are preparing to contest the charge on every available grounds by every legal procedure Nebraska allows.
The principle challenge for them will be accomplishing the research, gathering the supporting evidence, and funding the effort. If your SOR status changed and reporting requirements were determined by the Nebraska State Patrol after your original court sentence, please provide a brief description how your SOR classification changed, the damage being on the SOR does to you and your family, and contact information to us at Nebraskans Unafraid (nunafrd@gmail.com) so that you may be reached, if appropriate, as the case develops.