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
Violent Crime Lawyer
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))
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3 lawyers agree
Criminal Defense Attorney
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 substitution for a meeting whereas all potential legal issues can be discussed.
1 lawyer agrees
Criminal Defense Attorney
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 each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. Experienced Criminal Defense Lawyer in Madison, Dane County, Wisconsin http://addbalance.com Talking to the Police - Advice from Lawyers and Police: http://addbalance.com/police.htm