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
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 Riebling, Proto & Sachs, 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.