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Registered Sex Offender Not Required to Reregister After Overnight Jailing

A registered sex offender was arrested on a non-related charge. After one night in jail, he failed to comply with the West Virginia Sex Offender Registration Act by not reregistering by the third business day. The State indicted Timothy J. Judge for violating the Registration Act. He filed a motion to dismiss the indictment and the trial court granted the motion, which the State appealed to the Supreme Court of Appeals of West Virginia. The Supreme Court affirmed the decision of the Circuit Court of Tyler County.

Prior to the instant arrest, Judge complied with the Registration Act and regularly provided the State police with details about his residence, employment and other pertinent information. A week before the arrest, Judge had updated his registry data. Upon being released from jail on the unrelated charge, Judge returned to his previously-registered residence.

The State alleged that his recent arrest and release from confinement required Judge to register under the Sex Offender Registration Act. The court held that the duty to register upon release from incarceration was triggered by a conviction on a "qualifying offense." Because Judge was not convicted of any offense and he updated his registry data the week before the arrest, the Supreme Court ruled that there was no need to reregister and affirmed the Circuit Court of Tyler County dismissal of the indictment.

Judge was represented by Lori M. Peters from the Public Defender Corporation from Charleston, West Virginia. See: State of West Virginia v. Judge, 228 W.Va. 787, 724 S.E.2d 758 (W.Va. 2012).

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Related legal case

State of West Virginia v. Judge