One of the biggest issues associated with a conviction of sex crimes and and the associated SORNA requirements, is that a defendant can be found to be a sexual violent predator SVP. Child Endangerment Specifically, once a criminal defendant is convicted of a Megan’s Law offense, the trial court must order for the defendant to be assessed by the Sexual Offender Assessment Board. The defendant is then ordered to meet with a representative of this Board, he can choose whether or not he wishes to participate in the interview, in order to determine whether or not he meets the criteria of a SVP. The way this works is after the defendant pleads or is found guilty, the court delays sentencing for 90 days so that the assessment can be completed. If the report from the Sexual Offender Assessment Board concludes that the defendant is not an SVP-then the defendant is immediately sentenced, however if the defendant is found to be an SVP then the defendant may hire his own expert and request a hearing in order to contest the finding.
At the hearing the government has the burden of proof to show that the defendant is in fact a SVP. So what is an SVP exactly? The definition of an SVP is that A person convicted of a sexually violent offense determined to be a sexual violent predator. Specifically the government has to prove that the defendant in these Sex Crimes has a mental abnormality making him likely to reoffend and displays predatory conduct. Sex Crimes SORNA Being found to be a SVP can carry very serious consequences. Make sure that you hire or at least consult with experienced Chester County Sex Crimes attorneys if you have been charged with Sex Crimes. Contact the law firm of Bellwoar Kelly, LLP today.