Poll Result: Had you known that sex offender registration requirements would be expanded to where they are today, would you have taken a plea?
Last month we invited registrants to answer the question, “Had you known that sex offender registration requirements would be expanded to where they are today, would you have taken a plea?”
The results are in and 92.2% of the respondents said NO, they would NOT have plead guilty had they known that the sex offender registration requirements would have been expanded to where they are today. That left 7.8% who said they still would have taken the plea.
The Supreme Court of the United States held that a guilty plea is valid only if done voluntarily, knowingly, and intelligently, ‘with sufficient awareness of the relevant circumstances and likely consequences.’” Bradshaw v. Stumpf, 545 U.S. 175, 183 (2005).
If certain consequences, such as residency restrictions, didn’t even exist at the time we took the plea, how could we have had “sufficient awareness” of them?
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Great question! Please explain how it is NOT a biased argument for the court in that everyone after 1997 that meets criteria for a sex offender resgistry is clearly “designated” by a court and “informed” of all the requirements of the sex offender registry while someone accepting a plea between 1994-1997 ( before October) is not told anything but made to register even if their “standard” probation, not even sexual offender probation, is made to register for 20-25 years and all the requirements even if within 3 weeks of early termination from probation? It seems to be a clear possible argument that would seem to violate an initial plea agreement? If someone committed a murder in 1994 for example and at that time the state did not have the mandatory life sentence but 3 years into their sentence, laws change making murder a life sentence, you cannot go back and change their initial sentence so why add an additional 20-25 years of punishment to someone or in some cases life on the registry? The deserve the same right as everyone who falls under that criteria from 1997 onward… and that’s not to mention anyone “truly” a danger who was released from any sanction prior to oct 1 1997 and is out there… thanks
They justify it by saying #1 it is not part of your sentence but a retroactive law applied. #2 they argue it is NOT punitive / Punishment but rather civil in nature.
Their argument is like for example, everyone has a blue license plate and starting in January, everyone has to have red license plates. You can no longer have a blue plate and BTW the new red ones cost twice as much.
This is not punitive but if you do not comply and continue to drive with a blue plate you can be arrested and fined and have your driving rights taken away.
Judges making rulings are saying if they retroactively said everyone with a sex charge has to go back on probation for life, that would be tossed in a heart beat but they are saying the list is not punishment.
Here is the reality I cannot believe the courts cannot see. If they had written the law to say “Anyone who is arrested for a sex crime on or after January 1st 1997, they will be designated an offender and be put on the registry, at least you know you could face that if you do commit such crime. But to grandfather in people who may have committed their crime in the 80s but are still on probation seems to be prejudicial anyway you look at it.
Since sex crimes are the AIDS epidemic scare of the times, no judge really wants to be known for being compassionate towards the accused , even if in their hearts they know this is legally and morally wrong.
Even when a ruling is made in our favor, it is appealed to the ends of times and once it goes before the supreme court, if it ever even makes it there, not enough of the justices are willing to rule in our favor to make a difference.
The states spend so much money fighting these challenges they could feed every homeless person in their state for the rest of their lives and still have money left over.
Many of us took pleas because we were faced with far harsher penalties if we took it to trial.
it is easy for us to say such things in retrospect, but when we were facing trial, it was stressful and we were looking at 5 years versus life and knowing he/said she saids favor the she, so we took what we can get.
I took the plea because prison was going to happen, how long was the only question. I’m glad I took three plea and would again. Being on the registry with all of its conditions isn’t even a valid argument. You have one choice, follow the rules or go to jail/prison. I have been out almost ten years and my life is way better now than it would be if I were just getting out. To truly, honestly answer the question I think people need to remember what they said in the county jail. Take the plea or do the max.
Actually the true and correct answer is, there is no one blanket answer for everyone. Some like myself who were tricked into a confession before speaking to a lawyer is what f-ed us. I asked 3 times for a lawyer and on the third time my family was threatened by the investigator. I would take a bullet to the head to protect my family so that is WHY I caved and signed anything he wanted even confessing to every crime ever committed since Adam and Eve.
If I had , had a lawyer, at most I would have plead to one charge with at max 5 years probation or otherwise would have gone to trial. The lawyer I finally got ran me out of money then bailed on me and instead of the court offering me a public defender, they suggested I ask my parents for money. No way was I taking my parents retirement money to save my tail, guilty or not.
Since my lawyer was going to bail on me, my only choice was to take my chances and that was the 2nd worst mistake of my life. The first was getting myself in the situation in the first place.
I often said if I had a time machine I would go back and get a lawyer. Then I realized, wait if I had one shot in a time machine, why not go back and correct the mistake I made to get me in that situation in the first place.
Unfortunately a lot of us made it to where the prosecutor didn’t have to do anything but show up. When you just hand them a plea on a dinner plate, you are cooked. I suppose it didn’t help that both the prosecutor and the judge were females. Before anyone says “That sounds judgemental” it is not. Females are known to be more sensitive and compassionate. Ok Not towards the accused but towards the accuser, which in my case did not even exist except on a paper since they never showed up once for court. If I had gone to trial, they would have had to show up and they didn’t want to be in that situation any more than I did.
After that judge was rotated out, the new judge was a man and actually a long time friend of my then attorney. He actually made up for the down fall of my case by taking me on an appeal of sentence. (Yes I had to pay more money ) The same prosecutor showed up but I was ready this time (I got balls of steel after doing time) and I was not leaving that court room without some redemption.
The remainder of my sentence (I had about 8 years left) were tossed, ruling the sentence, although within guidelines, even on a fist time offender, were excessive and obviously by the notes left from the original ruling judge, given out of anger, disgust and as retribution as if she had been the personal victim of the accused.
The prosecutor made a big scene and was nearly flopping on the floor in protest. I burst out in tears of joy. My Mother was with me and she did not know I had won and she said “It is ok sweety, we can try again next time” lol I had to explain to her that we had won.
I do thank God for that victory but before I get too old, would like to be able to become a citizen that actually provides something to my community other than a photo on a list that everyone passes around on social media. I / we did the time, and even if I had done all of my sentence, it would have been over long ago.
I find it ironic that more people are commenting on the poll results than probably took the poll! I can’t fathom how you came up with 92% saying they would not have taken the plea. Anybody in Floriduh that was slapped with CP charges would have faced up to 100 years in prison. I was looking at 75. You would have to be a fool to turn down a five year plea deal when you’re facing 75-100 years in prison. No judge or jury in Floriduh will acquit on CP charges. They are treated more harshly than murderers. Get real!
What I find ironic is someone who was looking at porn could get 75-100 years but someone who actually was in a relationship with a kid got 10 years probation. When I was in court, I saw case after case get a few years probation ( Sex charges ) for less than I had done so was for sure I would be able to get some mercy. For some reason the judge did not like my attorney and keep telling him to sit down and listen to what she is saying. He was never able to get a word in so I cannot blame him.
In Illinois, judges must advice defendants they must submit to the court a retraction of plea within 30 days of taking plea. Once a plea is taken inmates are placed in solitary confinement with no access to pen, paper or postage for 45 days. Judge Victoria Rossetti of Lake County, IL (highest payouts for wrongful convictions of any US county) ruled that despite valid argument to bring case back to court request slip requesting a pen and paper dated 10 days from plea was untimely as it was received by court 12 days past the required 30 days. Defendant had no access to paper, pen or postage until that day.
That is reason for appeal and I’m sure the appellate courts would have a field day with that.
So who here can tell me how many people have actually been removed from the Florida registry after 20 yrs with adjudication withheld prior to the 1987 retroactive change and the 2007 change to 25 yrs and the lawyers that have handled those cases that didn’t charge you over 10 thousand dollars knowing most of us don’t have that kind of money just laying around just a question I keep asking because I cant find any thing not case law or court documents to show how many if any have been removed
Don
need to explain better, Florida didn’t have a registry prior to 1996
unless i Missed the memo!
my bad I meant 1997 still do we know of any one thats been removed and where can we find that information
Attorney Ron Kleiner provided that information on an FAC conference call not long ago.