The SORA Hearing and Due Process

The laws governing the SORA hearing and sex offender registration are clear regarding the timing of the SORA hearing. During representation the Westchester County sex offender SORA lawyer must protect against a violation of the defendant’s rights.

Recently, the Appellate Division 2nd Department held in People v. Hernaiz, 126 AD3d, 771 that the SORA Court violated the procedures required by the Sex Offender Registration Act and deprived the defendant of due process by conducting a risk assessment hearing just before sentencing the defendant to two one-year terms in jail with no probation supervision.

The risk level determination, SORA, should not have been made until 30 days before the defendant’s release from custody and should have been preceded by a risk level recommendation made by the Board of Examiners of Sex Offenders after the defendant had an opportunity to submit information to the Board that he believed was relevant for its review. If an objection was required to preserve the issue for review the issue is reached under the interests of justice jurisdiction.

Work with the Westchester County Sex Offense and SORA Lawyer

In order to adequately protect your rights aggressive representation and preparation of your case is essential. Our Sex Offense and SORA lawyers regularly appear in the Courts of Westchester County and the surrounding areas. Our main offices are in downtown White Plains, New York and we are always available for a free initial consultation (914) 946-4808.

If you or a loved one is under investigation for a sex offense, charged with a sex offense or has a pending SORA hearing call the law offices of Proto, Sachs & Brown, LLP. We are best-selling published authors in the area of criminal defense and will protect your rights. Call the firm today (914) 946-4808.