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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I was sentenced in 1997 as a youthful offender. There was no such thing as a sex offender. And now this which affects my kids and wife as much or more than it affects me. Mind blowing how unconstitutional this is. Yet our corrupt government and liberal judges think they can just trash the Constitution all they want. It’s absolutely disgusting and sad.
Praying for change… Ex Post Facto has to win. Enough is enough.
I was convicted in 1994. 16 years old charged as an adult. Had one techinal violation 17 years ago for an address change and they still will not let me off this shit show. I feel your pain believe me.
Absolutely NOT! Not only did I expect to NOT be on a registry at all until the night before my plea hearing, my lame attorney told me that, since the judge was likely going to withhold adjudication (which he did), I would be able to expunge the whole record after probation ended, since I wouldn’t be convicted. Of course, the statute that prohibited such expunction for sex crimes and DUI was already on the books! I was really scared of a possible 15 year prison sentence, should I fight the charge and lose. I expected that, should I lose, I would kill myself before showing up for prison. My lame attorney also told me that restitution would not be demanded. My restitution bill turned into a huge sum that I paid over the course of my 10 years of probation. I lost SO, SO much (money, career, freedom, etc.) from this plea deal. Some guys are actually guilty, but deny it. I was not (though barely), since in the early 90’s, when my “crime” occurred, the age of consent was 16 if the “victim” was not a virgin (of previous chaste character). My 16yo male “victim” started having sex at age 12 and groomed me at least as much as I did him. I have learned that I used to be a complete un-streetwise wimp, and my attorney knew that from day one, and chose not to defend me properly after I was foolish enough to pay him completely up front . I have toughened up a great deal since then. I read countless news story comments nowadays, where people don’t take any pity at all on horny teen male “victims” of sex acts with teachers, etc. Back in the mid-to-late 90’s though, it seemed I had a worse chance in front of a PC jury. I admit that what I did 30 years ago was inappropriate and immature, and limited to this ONE victim, but an otherwise law-abiding and very decent person needs a way to redeem himself or herself. I was first charged in Seminole for sex with a 16 yo. When they realized that the young man was not previously a virgin, law enforcement dropped the charge. The excited, ultra-conservative parents (one a lawyer) then went to Orange County, claiming to police that the abuse had actually started earlier, before he turned 16 (without providing any dates/times/locations of offence). I’m sure they hated that their boy turned out to be apparently “queer”. I have to admit that I have at least some respect for the absconders who choose not to put up with this BS, but I guess I’m still no Jean Valjean.
I was ordered to pay restitution but after 30 some odd years, have never had to pay a dime as no one ever came up with any amount or justification for any money. No counseling for accuser, they did not even show up for any of my 9 court hearings.
That should have been my flag to go to trial since they would have probably refused to show up or finally changed their story and told the truth, not half the truth ( Some of the accusations were true, we did have consensual play although no intercourse ) However the prosecutor , after I made a plea penciled in something about attempted intercourse that was nowhere in any police reports or accusations and didn’t happen. I only was made aware of that after I was sentenced. My lawyer never even brought it up.
I have lost all respect for the courts in most cases other than the appeals judge who finally heard part of my case and threw out the remaining 10 years of my probation based on “Problems with how the entire case was handled “
Good Day To All!
So…After dropping off a colleague of mine at ‘his friends house’, not knowing it was a sex sting operation hosted by Elmer Fudd of Polk County, I could not get out of the housing compound…so I went to the house to see the whereabouts of my friend.. and was physically thrown on the ground and the rest is history, while Grady Judd, was there eating Outback’s Blooming’ Onion….and I was royally screwed over by the entire system, even my attorney, who is DEAD…BARRY COHEN, who is the biggest Loser ever as an attorney, sold my soul….I hope he rots in HELL…or stays in Purgatory for life near those fires of hell…they sold me to the tune of $137K in legal fees…so who FCKED WHO?….never had a speeding ticket prior to this HELL….
Wait… What difference would it have made if we didn’t take plea deals? Fighting a sex charge is difficult, guilty or not guilty. And any jury would have crucified us. Then, after whatever length of prison term we’d have gotten after a trial, we’d still be subjected to register as sex offenders upon release which means we’d still be dealing with this bullshit. Plea or no plea. So what’s the point of this question?
Actually for many of us, a jury trial would have meant a far better outcome. Many cases, like mine, were entrapment cases or cases that lacked evidence or their word against mine. Juries rule on evidence, beyond a reasonable doubt but because we were so quickly shamed and scared to death we got talked into copping a plea. Why? Because a guilty plea is a win for the State and that’s why the question mattters. I speak for many that say had they refused the plea and allowed a jury to decided I woudn’t even be in this mess. Also the question mattes because in their pushing for us to accept the plea things were promised that they knew they would not have to legally comply with – in essence we were lied to by the State in an effort to force us to accept a plea for a case that they knew they would have a hard time winning in front of jury. And yes, that’s a problem. If degendents can no longer trust the State when in comes to a plea deal that creates a huge problem for the entire justice system.
I agree, my attorney got the charges reduced from 10 felony counts to 4 that they were a no win scenario. If I had fought it they would came at me full force in court and had a field day burying me under the jail so to speak. I was sentenced to 13 mos instead of 5-10 years. I got out and saved my home and my marriage. Even as success full as I have become I am still reminded regularly i’m still on this registry for life till something changes.
NOT SO FAST. 90% of my charges were BS. I was in my 20s at the time and could not afford a trial lawyer and was NEVER offered a public defender. After running me out of money, my attorney and the judge never mentioned I could get a free public defender and only found that out after I plead guilty to everything (It was an all or nothing deal) either plead guilty and throw myself on the mercy of the court, or face 50 years in prison.
I would have been 100000000000% better off going to trial I can tell you. I even passed 2 different polygraphs and the prosecutor said “That just means you have no conscience”.
So please do not put a blanket ONE stop shopping deal for all of us. My issue was money. If I had , had the funds to get a decent representation, I would have plead to the one charge I was guilty of and gotten maybe 5 years probation and been done well before they came out with the registry. The accusations against me are from 1991 but was still on probation when the 1997 law passed as they did not exclude people who were already sentenced and still on probation, prison, parole or house arrest.
True anything could have happen in a trial but generally the accusers do not want to be in the court room, mine didn’t even show up for any of the 9 hearings I had. And most would rather you take a plea than have to hear the accusations in front of other people.
After running me out of money, my attorney and the judge never mentioned I could get a free public defender
“If you cannot afford an attorney, one will be appointed to you” Is part of the Miranda rights when you’re arrested.
As for what I asked, I still don’t see how going to trial would have stopped any of us from having to register. It doesn’t matter if we got hung for 5 yrs or 50 yrs by a jury, we’d STILL HAVE TO REGISTER as sex offenders upon our release from prison. And since many people on the registry have offenses that date back to the 1970’s, it doesn’t matter if they took a plea or not. It’s the charge and conviction that gets us on the registry.
Now here’s another thing about the registry… in MY case, the judge asked the prosecutor “Will this require sex offender registry?” And the prosecutor said “Oh yes!” And therefore the judge ORDERED that i register for 10 yrs. That means (if you want to really dig at these asswipes) that the registry was part of my sentence. Now that I am off the registry after serving my 10 yrs which I was SENTENCED to serve on it, moving to another state and being FORCED back on it with or without a court hearing IS DOUBLE JEOPARDY. It’s technically being RE-SENTENCED and we need to fight the system on this one.
To hell with their language of “if it is a qualifying offense”… no! We severed the time that was ordered by a judge and we finished it. So let it remain finished.
Not so, those still on paper after 1997 have to register. My charge was from 1991. If I had at least gotten the 5 years probation I would have been done before the 1997 cut off.
Unless they changed it again of which I am not aware.
And yes there is no guarantee I wouldn’t have gotten even a longer sentence but I will tell you, at least with a trial you can appeal, once you take a plea , in the Words of the late great Willy Wonka “Sir, you get NOTHING ! ”
Who knows, maybe I over dosed on Nyquil or something and am out of my mind.
Jack when the registry started July 1995 anyone on on parole or probation at that time had to Register, I was 1 of the very first so to speak member of the new club would like to have private chat with you, sometime, my charge Pasco, 91 as well
It sucks but all we can do it pray, hope and stand behind those who are going to bat for us. Since I no longer am able to work due to an injury, I have zero funds and had to move back with my parents. Tried to get disability but most attorneys will not take your case if you are on the registry, stating the judge will look at the charge as a disqualification. Having said that, I have been going through the appeals process on my own. Would rather get a no than to have not tried at all.
Question
what state required you to rejoin the club
after you was released from another states membership
you served your time,
when you get released all public sites and identifiers are suppose to be removed from public eye, unfortunately there is a data base for LEs, to see where and If you WAS registered Florida is 1 of them, #experenced
My accuser didnt show up either. In fact her, her bf, and his son all ignored her because they knew it was all bs and they fear the law/courts bc of past xps.
The endless expansion of registration requirements coupled with aggressive state sponsored character assassination in a hyper digital age has definitely had an impact on my life! I’ve NEVER been convicted of crime or been to prison but being on the registry has truly altered my life negatively in ways I could haver never imagined. And with no end in sight……….
So what you are saying is you plead guilty? The only 2 ways you would be on the registry is either you were found guilty or you plead guilty. I am confused by your statement.
And yes, all of the 1000s of men and women on the registry in Florida and their families are convicted in the public eye, every single day we wake up still being listed on the Nazi list of shame.
This was never part of any of our plea deals or even if we were or were not convicted of anything, this was an “Add on” after the fact. This should be illegal since we are not allowed to change our pleas but the state.,government etc can wave a magic wand and say “Make it so” and WHAM we are on a list of shame for life with no “Real” chance of being removed.
Even if we make it to the 25 years mark when we are 100 years old, that is not an automatic thing. You have to hire an expensive lawyer and fight with the state’s defense and hope to God you get a reasonable judge.
As we all know, two people with the exact same charges can go before two different judges and one can give you 5 years probation and another can give you 10 years in prison.
@CherokeeJack – When a Florida judge withholds adjudication (as was done in my case), the defendant is sentenced, but not convicted, by the court. So, one can still vote and can own a firearm after being released by DOC (after prison and/or probation). That may be what Douglas is saying above. 20 years ago, Nevada and a few other states told me that I wouldn’t have to register if I moved there, since I wasn’t convicted of anything. They didn’t realize that the tricky 943.0345 Florida statute defines “conviction” as being found guilty, pleading guilty, or pleading no contest (also my case) whether or not adjudication was withheld, just so they can use the word “conviction” within that statute. That statute could have just as easily used a word like “registrable”. In fact there are lots of RC’s in Florida, like myself, who have never been convicted.
More legislative word play and work arounds to thwart law and justice. I believe most prosecutors believe in “Whatever it takes to get a conviction” even if they have to be devious.
When I was being interrogated after my arrest, on three different times I asked for a lawyer. I was basically told if I got a lawyer officers would raid my parents house ( I didn’t even live with my parents then ) and ruin their lives. Also go to the news and call me all sorts of horrible things. ( Mind you, I hadn’t even been to court or formally charged with anything at that point ). They had a page of 21 items I had to check off and agree to or else they would stop the interview and go do a news conference. On the other hand, if I just signed the paperwork, I would be taken to jail immediately and hopefully be able to bond out and be to work in time.
Although the mind melder kept his word, that basically F-ugged me. To get away from him and his Nazi interrogation I would have at that point let him cut my liver our to be let go. It was that bad. I would have signed a letter saying I personally Shot JFK , and caused the twin towers to fall to get away from this piece of crap.
In this police investigators eyes, there was no such thing as an innocent person and be bragged that he had a 97% success rate and the 3% of the case he lost, the people just paid their way out with expensive lawyers.
The justice system is broken. I thought over the years things would get better with human rights etc but as we all know, law makers do not believe we are human, we are forever in their eyes a sub class of citizen sex offenders. All thrown into the same category. Regardless if you mooned a passing car or killed a raped 10 kids, all are the same to them and they have and will continue to pour Trillions of dollars of tax payer money to make sure of that.
I have made my peace with God that I do not see in my time left on this Earth that any of us are getting off that list any time soon. Even in cases where things have been ruled unconstitutional, they either ignore the ruling, appeal it or “Rewrite” the law so it is more appealing to the judge yet still restricts accused / convicted offenders.
Back when I was arrested, prisoners were only doing 40% of their time due to over crowding. Then it shot up to 85% and they are budgeting new money to build mega prisons in hopes of all offenders serving very long sentences, even for simple crimes like leaving the scene of an accident with injury.
I most certainly would NOT have done so as I was innocent and I was already compromising myself taking a plea. However, we all know that since those labelled as “sex offenders” who are sentenced to prison are not going to have a smooth time and might very well leave in a body bag – we really are given NO CHOICE but to pick self-preservation!
Having said that – I would still have NOT taken a plea if I knew that the government can (and does) violate the terms that were agreed upon ANYTIME they please – however – should we do the same we have committed a felony and will end up locked up (and possible dead)!
Justice in America? Not my America! Not the REAL America!
This is just wrong! We need to take back America from parasites like Senator Lauren Book who collect a paycheck for abusing the very Constitution that they swore to uphold and honor – Bullshit!