How to Prepare and Defend Against a Sexually Violent Predator (SVP) Classification in Pennsylvania

Being accused of a sex crime in Pennsylvania is devastating enough, but facing the additional risk of being classified as a Sexually Violent Predator (SVP) adds a new layer of complexity and long-term consequences. Under Pennsylvania law, individuals convicted of certain sex offenses may be evaluated for SVP status, which carries some of the harshest penalties and restrictions in the criminal justice system.

At Frank Walker Law, we understand how critical it is to fight against this classification. With meticulous preparation and aggressive defense, Attorney Frank Walker has successfully represented clients facing this designation and worked to protect their futures. Below, we outline what you need to know about the SVP process and how to prepare a strong defense.

What Is a Sexually Violent Predator (SVP)?

Under Pennsylvania’s Sex Offender Registration and Notification Act (SORNA), an SVP is someone who:

1. Has been convicted of a sexually violent offense, and
2. Is determined to have a mental abnormality or personality disorder that makes them likely to engage in predatory sexually violent behavior.

The SVP classification is not automatically assigned upon conviction of a sex offense. Instead, it requires a separate legal process involving expert evaluation and a court determination.

Consequences of Being Classified as an SVP

The SVP designation carries severe consequences, including:

• Lifetime Megan’s Law Registration: This includes providing personal details to law enforcement, which are made publicly accessible.
• Mandatory Counseling: Lifetime sexual offender counseling and treatment are required.
• Enhanced Community Notification: Law enforcement must notify neighbors, schools, and daycare centers of your status.
• Housing and Employment Challenges: The SVP label can severely limit where you live and work, often leading to social ostracism.

Steps in the SVP Evaluation Process

After a conviction for a qualifying offense, the SVP determination process begins:

Referral to the Pennsylvania Sexual Offenders Assessment Board (SOAB)
The court refers the case to the SOAB, which appoints an expert to conduct an evaluation of the defendant’s mental state and behavior.

Expert Evaluation
The SOAB expert will review evidence, criminal history, psychological reports, and other relevant information to determine whether the defendant meets the SVP criteria.

Court Hearing
Based on the SOAB’s recommendation, a hearing is held where the prosecution must prove by clear and convincing evidence that the defendant qualifies as an SVP.

How to Defend Against an SVP Classification

At Frank Walker Law, we take a proactive, strategic approach to defending against an SVP classification. Here’s how we prepare:

1. Challenge the Expert Evaluation

• Review the SOAB Report: We meticulously analyze the SOAB expert’s evaluation for inaccuracies, inconsistencies, or bias.
• Present Counter-Experts: We may retain independent psychological experts to challenge the SOAB’s findings.
• Highlight Weaknesses in the Prosecution’s Case: The prosecution bears the burden of proving SVP status by clear and convincing evidence—a high legal standard that we work to dismantle.

2. Focus on Your Psychological Profile

• Evidence of Rehabilitation: We present evidence of your participation in counseling, therapy, or other rehabilitation programs to counter claims of ongoing danger.
• No Predatory Behavior: Demonstrating that the underlying offense was not predatory in nature is critical in disputing SVP classification.

3. Argue Constitutional Defenses

Pennsylvania’s SVP designation process has faced legal challenges regarding its constitutionality. We stay abreast of these developments and use any applicable precedents to argue against the classification.

4. Mitigate the Underlying Charges

Sometimes, the best way to avoid an SVP classification is to reduce or eliminate the underlying charges through plea negotiations or trial strategies. By attacking the foundation of the prosecution’s case, we weaken their ability to pursue an SVP determination.

How to Prepare for an SVP Hearing

If you’re facing an SVP hearing, preparation is key:

1. Hire an Experienced Attorney: An attorney who understands the intricacies of Pennsylvania’s SVP process is your best defense.
2. Provide Evidence of Rehabilitation: Document your efforts to seek treatment or counseling.
3. Stay Informed: Work closely with your attorney to understand the process and what’s at stake.
4. Gather Supportive Witnesses: Friends, family, and character witnesses may testify on your behalf to show you are not a danger to the community.

Why You Need Frank Walker Law to Fight SVP Classification

Attorney Frank Walker has years of experience defending clients against sex crime allegations and the harsh consequences of an SVP designation. Here’s why clients trust Frank Walker Law:

• Deep Knowledge of Pennsylvania Law: We understand the intricacies of SORNA, Megan’s Law, and the SVP determination process.
• Expert Collaboration: We work with leading psychological experts to challenge SVP evaluations.
• Aggressive Defense: We leave no stone unturned in building a powerful case to protect your future.
• Proven Track Record: Our firm has a history of successfully defending clients in complex sex crime cases.

Contact Frank Walker Law for Help Today

If you’ve been charged with a sex crime in Pennsylvania and are at risk of being classified as an SVP, don’t wait to seek experienced legal counsel. The consequences are life-altering, but with the right defense strategy, you can fight to protect your future.

Call Frank Walker Law today to schedule a confidential consultation. Attorney Frank Walker will review your case, explain your options, and develop a comprehensive defense strategy to challenge the SVP designation and its devastating impact on your life.

When your life is on the line, trust Frank Walker Law to stand by your side.