My brother plead guilty to sex with a minor with the understanding he would have to register for ten years as a sex offender,

Asked over 1 year ago - Buffalo, NY

shortly after was told he has to register for life. My brother would not have accepted the plea agreement had he been told he would have to register for life, does he have the right to at least ask for a re-trial ? after all the signed plea agreement between him and the d.a. states register for ten years

Attorney answers (3)

  1. James Regan

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Talk to his lawyer about withdrawing his plea.


    Two US Supreme Court cases that were decided in March 2012 may or may not be helpful to you:

    Lafler v. Cooper, Lafler v. Cooper, ––– U.S. ––––, 132 S.Ct. 1376, 182 L.Ed.2d 398 (2012) (www.supremecourt.gov/opinions/11pdf/10-209.pdf)

    In Cooper, the petitioner's trial counsel advised him to reject a plea offer of 51 to 85 months in prison made by the State and advised him to proceed to trial. 132 S.Ct. at 1383. The petitioner was convicted at trial and received a mandatory minimum sentence of 185 to 360 months in prison. Id. The parties conceded that counsel's actions were deficient. Id. at 1391. The Court held that the petitioner was prejudiced by counsel's advice and held that the proper remedy was to order the State to re-offer the same plea agreement. Id. at 1391. (citing Perez-Ortiz v. Sec'y, Dept. of Corr., 6:11-CV-188-ORL-31, 2012 WL 2285058 (M.D. Fla. 2012))

    Missouri v. Frye, ––– U.S. ––––, 132 S.Ct. 1399, 182 L.Ed.2d 379 (2012) (www.supremecourt.gov/opinions/11pdf/10-444.pdf)

    In Frye, the Court held that (1) defense counsel has a duty to communicate formal offers from the prosecutor that may be favorable to the accused; and (2) defense counsel acted deficiently when he allowed a formal plea offer to expire without advising the defendant of the offer or allowing him to consider it. 132 S.Ct. at 1408. The Court found that the prejudice inquiry required it to look not at whether the petitioner would have proceeded to trial absent the ineffective assistance, but whether he would have accepted a more favorable plea offer. Id. at 1410. (citing Perez-Ortiz v. Sec'y, Dept. of Corr., 6:11-CV-188-ORL-31, 2012 WL 2285058 (M.D. Fla. 2012))

    http://defendme.net | For confidential answers on Florida law, call 1.877.452.9457. Attorney James Regan, LL.M,... more
  2. Joseph A Lo Piccolo

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Unfortunately, the law was changed and made retroactive. An attorney can file a motion to modify or remove the SORA but there are no guarantees it will be successful.

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... more
  3. Charles K. Kenyon Jr.

    Pro

    Contributor Level 19

    Answered . How long ago did he plead guilty.

    Unfortunately, in this area, courts ruled that such registration is not "punishment" but a regulation for public protection. Thus, they have said it is fine to change the rules after a crime was committed or a sentence passed down. While this is immoral, in my opinion, it seems to be the way our country is going.

    Confidential information should not be disclosed in this Internet forum. I am a Wisconsin lawyer. The laws in... more

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