Business and Law

The Adam Walsh Act is a law that applies to sex offenders and who tortures. It is important you understand that if you are convicted of a sex offense involving children, including child pornography in its many forms, you will be subjected to the provisions of this law.

Some of the provisions of the Adam Walsh Act are very burdensome and can cause you to spend a great deal more time in prison than the sentence you suffered after conviction. Registration as a sex offender once you are released is required. A sex offender “registry” keeps track of persons convicted of sex crimes involving children. You could be required to check in once a year, or much more often, with the organization or the police and tell them where you live, work, and other information if required. You will be fingerprinted and photographed. Your information can be released to the public on request by any person or it could be posted in places where children congregate. Your information can also be made readily available on the internet.

You also may be monitored, electronically. This means you could be required to wear an ankle bracelet you cannot take off and that tells the organization where you are. You can be prevented from being anywhere where children gather. You could be required to undergo sex counseling, take drugs designed to diminish your sex drive, and to undergo questioning and drug and alcohol testing. Additionally, your computer can be monitored by software that will capture any images you view on the internet.

The Adam Walsh Act also allows the Government to ask the Court to keep you in jail under what is called a “civil commitment“. This means once you have served your time for the conviction, you could face a second trial to find out whether you should stay in jail because you are still a danger to children.

Before the Adam Walsh Act the Court could consider whether you are likely to commit future crimes against children before requiring you to register and do all the things that a sex offender registry would require. Under the Adam Walsh Act, though, the Court cannot decide because you may not commit future crimes against children, you do not have to register. If you are convicted, you must register.

However, if the Government asks you continue to stay in jail after you have served your time, the question of whether you are likely to commit future crimes against children is something the Court will consider. If faced with a trial for civil commitment, it is extremely important you retain counsel and an expert, like a forensic psychiatrist, to conduct consultations, write a report, and to testify at trial. The main issues that should be addressed are whether it is likely you will commit future offenses against children or view child pornography and whether you are a danger to the community.

There is no limit to the number of times the Government can request civil commitment. If they believe you are a danger, they will continue to request you remain in prison every time you are scheduled for release.

Joseph James Balliro, Jr. has been a practicing trial attorney in the New England area for 24 years and has handled many, many complex criminal and civil matters. Go to http://www.joeballirojrlaw.com where you will find information on state and federal criminal law. If you have been arrested or are concerned about a family member or friend who is having problems with the law do not hesitate to contact Mr. Balliro at joe@joeballirojrlaw.com or call (617) 737-8442 extension 3. Remember “Justice Without Compassion is Tyranny”.

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