Posting #215 – Virginia’s Attorney General Ken Cuccinelli Wants to Uphold the U.S. Constitution in Virginia. That’s Great News, Everybody Please Write to Mr. Cuccinelli!

By:  RSOL of Virginia
Date:  04/25/2010

Virginia Supporters,

Virginia Attorney General Cuccinelli has said it many times before during his campaign, a supporter pointed it out to us last week and then this weekend we received a Cuccinelli Compass e-mail emphasizing it.

Ken Cuccinelli wants to uphold the U.S. Constitution and the Virginia Constitution here in Virginia.

That's great news; we are thrilled to hear it!

We would like to ask everyone to write to Mr. Cuccinelli’s office at KC4AG@Cuccinelli.com and ask why have laws that were passed in 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009 and 2010 been applied retroactively to ALL Registered Sex Offenders?

Remind the Attorney General that the same will happen while he's in office in 2011, 2012 and 2013, how can he allow this to continue?

Ex post facto, Latin for "from after the action" or retroactive law.
Ex post facto laws are expressly forbidden by the United States Constitution.

Ask Mr. Cuccinelli if he truly wants to keep his campaign promise then he will lead the fight to cease the current practice of applying all new sex offender laws retroactively in Virginia. The U.S Constitution applies to all American citizens not just the ones our lawmakers decide deserve to have that right.

Mr. Cuccinelli also does not like the "Overreach" of the Federal Government into Virginia.

Also wonderful news!

Please ask Mr. Cuccinelli why Virginia is considering spending $14 million just to save $600,000 (10% of the Federal Byrne Grant) to implement the Federal Adam Walsh Act and SORNA guidelines.

Please take the time to write to Virginia's Attorney General and if you want to share your letter with us we'd love to read it.

Thank you for your continued support.

RSOL of Virginia

1st Response to Posting #215
From: George
Date:  04/24/2010

Dear Attorney General Cuccinelli,

It has been brought to my attention that you intend to uphold the Constitutions of the U.S. and Virginia. I am hopeful that you will examine the ex post facto "regulations" that are continually implemented and targeted specifically at registered sex offenders and their families. Retroactive laws are passed all of the time and they are absolutely punitive. It is completely un-Constitutional to continue heaping further punishments on people who took plea bargains because they were told "these are the conditions you will abide by," and then all of the conditions change.

When the Commonwealth, or any State's Attorney, tells a criminal defendant what their punishment is to be, and the defendant accepts the terms of that plea agreement in good faith, it is thoroughly underhanded and just plain wrong to go and change those terms any time the government feels like it.

Please understand that this is not just a personal issue for me and my family, this is an extremely serious matter for all Virginians and all Americans. It scares me to think where this country is going when our own government and elected officials act with such blatant disregard for the Constitution. This should not continue for even one more day.

Thank you in advance for looking into this matter; it may not be the easy or popular thing to do, but it is the right thing.

Sincerely,
George

2nd Response to Posting #215
From: Jim
Date:  04/25/2010

RSOL of Virginia,

I just found something that might assist in the letters being written as well, the Constitution states:

Any act performed by an agent of government which is unconstitutional is illegal, and while performing that act the person ceases to be an agent of government or to have any official status, regardless of what trappings of office or color of law he may project. It is also almost certainly a deprivation of the civil rights of someone, and therefore also a violation of one or more of the constitutional criminal laws against doing so.

Any citizen who becomes aware of an illegal or unconstitutional act of an apparent official, which is a criminal deprivation of rights, has the duty to disobey that act, to report it as a crime, and to arrest the offender and deliver him to a court of competent jurisdiction for prosecution.

It also states in a very clear manor, once you have been sentenced each and every disablement has to be written and read aloud and understood and no further disablements are allowed by law from that point forward.

Disablement meaning nothing further taken from you such as your freedom or placing restrictions on anything.

I have been hard at work really studying the constitution a lot lately and have found many helpful facts there in.

I will be sending my letter out pronto and thanks for all you have done it is greatly appreciated.

Jim

3rd Response to Posting #215
From: Erik
Date:  05/04/2010

Mr. Cuccinelli,

I'll make this as brief as possible, knowing you are a very busy individual. 

I'm excited to have been made aware of your goals to uphold the U.S. and Virginia Constitution.  It touches me on a personal level as I, as well as many others, have been subjected to all retro-active Sex Offender laws.  I was 22.  Now 27, I am living the most positive and offense free lifestyle I possibly can. 

In a nutshell, 2008's legislation removed any and all faint light at the end of a dark tunnel. I become a better man and community member with every passing moment to help me be proud of who I see in the mirror. 

But, what does it matter?  To be re-prosecuted and re-sentenced every few years forces me to wonder if I'm allowed the same rights as my fellow citizens.  Ex post facto laws here in Virginia are slowly removing my hopes of a second chance to build the best life I can.  Mr. Cuccinelli, I believe when someone’s down, there's just no need to keep kicking him. 

Can someone such as myself ever repay their debt to society? 

 I thank you for your time, and wish you well on your journey.
Erik

4th Response to Posting #215
From: Dan
Date:  04/25/2010

Mr. Cuccinelli,

I am writing this letter to ask for the VA government (you) to please visit or re-visit the above Ex-post facto law or Constitutionality of it.

I plea bargain myself because my lawyer expressed to me that it would be better and that I would stay on the Virginia State Sex Offender Registry for only ten years.

I was convicted in 2000 on a crime that was considered non-violent at the time of my conviction (indecent liberties with a minor, 13 years old) and since then years have passed and new laws have come about that I am at the mercy of without a vote. 

I have to revisit my case (something obviously that I am not proud of and wish I could take back) and the wounds that I inflicted on the victim and my own every time I have to hear about new laws that are being presented at the General Assembly.  I am on life time probation with the Virginia State Police which is not the same as another convict once he/she is done serving their time.

After what I put myself through and my victim this is one mistake that will never happen again in my life time, since I lost it all and I am still trying to regain my life back after 10 years since my sentencing.  This last fact is hard to accomplish because every time I turn around I am constantly reminded of how people view me (as an animal). Especially when every year in the General Assembly a new or old Politician with a certain agenda is seeking re-election using specific crimes for their benefit to get elected. With that said this rhetoric can go own for eons after I have served my time and died, just because someone needs to be elected into office.

In all, every year I must look forward to new laws that I have to abide by specifically for my situation although I have served my time and I have been a contributing member of society and a TAX PAYER in the state of VIRGINIA.   

Dan

5th Response to Posting #215

From: Erin
Date:  04/25/2010

Dear Mr. Cuccinelli,
I just received “The Cuccinelli Compass” dated April 24, 2010 reminding the citizens of Virginia of your commitment to uphold both the U. S. Constitution, as well as the Virginia Constitution.  Both of these documents expressly forbid the passage of ex post facto laws, yet over the past eleven years, every sex offender law made has been retroactively applied to those who have successfully completed their punishments that were issued by the court. 

Low risk and non-violent sex offenders should be allowed to rebuild and restore their lives and become contributing members of society. That’s how it is for all crimes except for sex offenders.  It is not acceptable to allow our lawmakers to pick and choose who the Constitution applies…it applies to all people. To further punish a person who has paid their debt to the state and to its citizens, is blatantly unconstitutional.   

As it stands now, we have all sex offenders lumped together, yet there is an extreme variation of sex offenses. We have the most evil predators convicted of despicable acts causing severe harm, mixed in with offenders who had no victim, or their behavior stemmed from careless immature acts of stupidity. They are all lumped together and being punished with the same harsh laws and restrictions, regardless of the extent of their actions.  

Approximately ninety percent of registered sex offenders are not a threat or a menace to society.  

If we restructured our registry in Virginia to a tier system and imposed punishments according to the severity of the crime that would free up our law enforcement personnel to closely monitor the ones who are a violent threat.

I implore you not to implement the Federal Adam Walsh Act in the state of Virginia. To spend $14 million to gain $600,000 of federal grant money for laws that are unconstitutional would be a real travesty. I am encouraged that you are taking the stance to uphold these two constitutions.

Sincerely,

Erin

6th Response to Posting #215
From: JC
Date:  04/25/2010

Mr. Cuccinelli,

I am deeply concerned how the state can pass laws from the year 2000 to 2010 and have them become ''retroactive'' for all registered sex offenders, this not only violates Ex Post Facto laws set by the Constitution of the United States it is totally AGAINST THE LAW set by the federal government if you can't up-hold the U.S. Constitution which applies to all American citizens I suggest Sir you completely remove yourself from office and remain out of politics for you sir are not above the law and can't make laws that is contrary to the U.S. Constitution.

I am also concerned that the state of Virginia is planning to spend $14 million dollars just to save $600,000 for the Adam Walsh Act and SORNA guidelines.

I'm sure you realize that Virginia has a problem with the sex offender laws now, the laws due to he so-called ''rape shield'' laws completely silence a man's voice and there are scores of innocent men in prison for this. The rape shield laws were to protect high school kids NOT adults; however unscrupulous prosecutors use this to put another notch in their belt. I ask you sir if it were your son would you let him be arrested for a crime like this all it takes is one mad woman to say he sexually assaulted her and he WILL do prison time in Virginia. A woman needs no witnesses just her word.
I could accuse a judge of sexual battery and he would be arrested and charged with that crime, for a woman needs no witnesses, if he didn't have a good alibi he would surely serve time.

Your prosecutors in this state have ''twisted'' this law to the point where all you got to do is cry rape and you will be picked-up and charged, its time the ''antiquated'' laws were amended or tossed-out altogether.

Soon Virginia will have their own Duke University Lacrosse case too and I pray that a lot of heads roll.

JC