The case was dismissed after Attorney Henry Fasoldt successfully argued that there was not enough evidence for Mr. B to have been formally charged with Failing to Register as a Sex Offender, Level 3. Level 3 is assigned to the convicted sex offenders deemed most likely to reoffend by the Sex Offender Registry Board (SORB). The Judge agreed with Henry's argument; he found that the police report lacked "Probable Cause" to believe that Mr. B had failed to register. A person cannot be charged with a crime if the facts that are put forth in support of the allegation merely re-state the crime. In this case the facts contained in the report said only that "Mr. B failed to Register as a Level 3 Sex Offender." That statement is not enough to charge someone with a crime.