Plea agreements and penal code 290

Asked over 2 years ago - Laguna Beach, CA

I just found a case in the court of appeal 1st district case# a127878. He signed a plea agreement in 1997, where at the time he could maybe relived the duty to end his pc 290. but the law change to where he couldn't be relived of his pc 290. The court of appeal agreed with him and order he can end his pc 290. But the attorney general filed a review petition at the supreme court. There is another case john doe v. harris that is the same type of case. I think the supreme court will put a hold on case#a127878 people v. jerry z. in til john doe v. harris is resolved. If that's ture when should I get a lawyer? I also signed a plea agreement in 1997,,

Attorney answers (2)

  1. David Jon Pullman

    Contributor Level 19

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    Lawyer agrees

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    Answered . I wouldn't expect that People v. Jerry Z. would be taken up for review by the Supreme Court. It is a very different situation than John Doe v. Harris. The court in Jerry Z. noted that Doe v. Harris was being decided in the Supreme Court and still went on to issue its opinion on the very different issue being discussed in that case. There are some similarities between the two cases, that are relevant to you. Both cases only apply to those cases where there is evidence that the defendant would not have pled guilty if there wasn't an opportunity to get off of sex offender registration at some point. In order for Jerry Z. to apply to you, you must have been convicted of an offense, such as 288.5, that allowed for 1203.4 dismissal and Certificate of Rehabilitation at the time you pled, but does not anymore AND you must have some proof that you that you would not have pled guilty if those remedies would not be available to you. If you think that is the case, you should act now and not wait on Doe v. Harris, unless the circumstances of Doe v. Harris apply to you (you pled guilty before there was a Megan's law website AND you have some proof that you relied on that fact in making your decision to plead guilty). So, if you want to try to fight this, contact a good attorney in your area and discuss your case with that attorney. Good luck to you.

  2. David Isaac Hammond

    Contributor Level 11

    Answered . You need to contact an attorney to take a closer look at your situation. If you can't afford an attorney call the public defender's office to discuss your situation. (714) 834-2144.

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