By Michael Zigismund, Esq.
On August 18, 2021, The Law Offices of Robert Tsigler successfully modified client John Doe’s SORA sex offender risk level from Level 2 to Level 1, the lowest risk level. This means that at the end of this month, when Mr. Doe hits year 20 after his conviction, he will no longer be required to be on any sex offender registry.
The New York State Legislature requires that sex offenders register themselves to alert the public to their potential risk to re-offend. Therefore, even though Mr. Doe completed his punishment long ago – his jail sentence ended in 2001 and probation ended in 2006 – he was still subject to a lifetime registration requirement as a sex offender because the judge designated him a Level 2 risk for reoffence, and in 2006, lawmakers extended the Level 2 registration requirement from 10 years to lifetime registration. To Mr. Doe, this ongoing humiliation hovered like a black cloud over his every waking moment, and he is now thrilled to have had his risk level modified to Level 1, so that he could finally be off the registry.
We emphasized the continued stressors and disabilities that impact Mr. Doe as a result of registration. These include his inability to travel to the country of his wife’s family, due to the country’s ban on sex offenders. He is also still haunted by media scrutiny from several years ago over his business, which served a clientele that included children.
To substantiate these facts, we submitted, among other things, character letters, pictures of Mr. Doe’s family, friends, and business, evidence of charitable giving and activity, and letters from completed programs.
We also argued that certain factors in 2001 that were counted against Mr. Doe were no longer negative factors according to more recent shifts in case law. We additionally submitted academic evidence that showed that registrants of advanced age like Mr. Doe were at substantially lower risk to reoffend than younger registrants.
On the day of the hearing, the Honorable Justice Thomas Farber acknowledged Mr. Doe for demonstrating “stellar” progress in his life, and “If everybody who was arrested and convicted had a similar rehabilitation, we wouldn’t have any crime in the city at all.” The Justice then complimented the Board for their thorough review and recommendation, and commended the prosecutor for prudently not opposing because perhaps “it wouldn’t have made much difference in this situation because I would, of course, grant an application like this.”
Finally, Justice Farber had these kinds words to say about our office’s submission:
We are very happy to have achieved this outcome for our client. Mr. Doe was represented by Michael Zigismund.
On August 18, 2021, The Law Offices of Robert Tsigler successfully modified client John Doe’s SORA sex offender risk level from Level 2 to Level 1, the lowest risk level. This means that at the end of this month, when Mr. Doe hits year 20 after his conviction, he will no longer be required to be on any sex offender registry.
The New York State Legislature requires that sex offenders register themselves to alert the public to their potential risk to re-offend. Therefore, even though Mr. Doe completed his punishment long ago – his jail sentence ended in 2001 and probation ended in 2006 – he was still subject to a lifetime registration requirement as a sex offender because the judge designated him a Level 2 risk for reoffence, and in 2006, lawmakers extended the Level 2 registration requirement from 10 years to lifetime registration. To Mr. Doe, this ongoing humiliation hovered like a black cloud over his every waking moment, and he is now thrilled to have had his risk level modified to Level 1, so that he could finally be off the registry.
The Petition for Modification
In support of Mr. Doe’s petition, we explained that since Mr. Doe’s conviction, he has lived the past 20 years as a model citizen. He has not been rearrested. He has been gainfully employed, spending most of these two decades owning his own business. He completed multiple treatment programs as part of his incarceration and probation. He has continued to be an active member of Narcotics Anonymous (“NA”), for which he even led sessions while incarcerated. Finally, he has consistently been surrounded by close family, including a wife of 42 years and a special needs son whom he cares for, by a large community of friends, and by devoted professional colleagues.We emphasized the continued stressors and disabilities that impact Mr. Doe as a result of registration. These include his inability to travel to the country of his wife’s family, due to the country’s ban on sex offenders. He is also still haunted by media scrutiny from several years ago over his business, which served a clientele that included children.
To substantiate these facts, we submitted, among other things, character letters, pictures of Mr. Doe’s family, friends, and business, evidence of charitable giving and activity, and letters from completed programs.
We also argued that certain factors in 2001 that were counted against Mr. Doe were no longer negative factors according to more recent shifts in case law. We additionally submitted academic evidence that showed that registrants of advanced age like Mr. Doe were at substantially lower risk to reoffend than younger registrants.
The Modification Proceeding
Our office drafted and submitted the petition on behalf of Mr. Doe to the Criminal Term of the New York County Supreme Court to modify his SORA risk level. The New York Board of Examiners of Sex Offenders (“Board”), upon review of our petition, recommended that the court grant Mr. Doe’s modification petition. The New York County District Attorney’s Office did not oppose modification after consulting our submission.On the day of the hearing, the Honorable Justice Thomas Farber acknowledged Mr. Doe for demonstrating “stellar” progress in his life, and “If everybody who was arrested and convicted had a similar rehabilitation, we wouldn’t have any crime in the city at all.” The Justice then complimented the Board for their thorough review and recommendation, and commended the prosecutor for prudently not opposing because perhaps “it wouldn’t have made much difference in this situation because I would, of course, grant an application like this.”
Finally, Justice Farber had these kinds words to say about our office’s submission:
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We are very happy to have achieved this outcome for our client. Mr. Doe was represented by Michael Zigismund.
