Law change between guilty plea and sentencing

[Marie Mitchell]

Someone I know

Is this your legal situation? What is the crime? Why don't you ask your attorney?

I would like to know if we have a case worth fighting on grounds that law at time of guilty plea should have been applied and not law after a delayed time of sentencing based on previous cases decided.

 

[Just Blue]

I would like to know if we have a case worth fighting on grounds that law at time of guilty plea should have been applied and not law after a delayed time of sentencing based on previous cases decided.

Well...As you are not an attorney and apparently not the defendant, there is no "case worth fighting" for you. Legally this has nothing to do with you. The defendant can ask his/her attorney which sentencing guidelines will apply.

 

[quincy]

I would like to know if we have a case worth fighting on grounds that law at time of guilty plea should have been applied and not law after a delayed time of sentencing based on previous cases decided.

The person you know should discuss this with his/her attorney. If a guilty plea was entered as a condition in a plea agreement and the terms of the agreement no longer apply as a result of the change in the law, the guilty plea could be withdrawn.

 

[Marie Mitchell]

Please explain what gives rise to this question. Is this a legal matter that you are currently involved in?

Yes, we are trying to decide if we have a case against DOC here in Oklahoma based on the fact that understanding of 10 years registration was requirement for indecent exposure guilty plea along with 10 year suspended sentence, but because SOR law changed between guilty plea and sentencing (plea was given in Dec. 2003 and sentencing was delayed till Sept 2004) 20 years registration was given. We can not sell our house and move because of restrictions on where we are allowed to live.

 

[Zigner]

Yes, we are trying to decide if we have a case against DOC here in Oklahoma based on the fact that understanding of 10 years registration was requirement for indecent exposure guilty plea along with 10 year suspended sentence, but because SOR law changed between guilty plea and sentencing (plea was given in Dec. 2003 and sentencing was delayed till Sept 2004) 20 years registration was given. We can not sell our house and move because of restrictions on where we are allowed to live.

It seems to me that this matter is long settled. While I understand that this affects you, you are not involved (in a legal sense). Please have the legally involved party consult with his or her attorney about this matter.

 

[quincy]

Yes, we are trying to decide if we have a case against DOC here in Oklahoma based on the fact that understanding of 10 years registration was requirement for indecent exposure guilty plea along with 10 year suspended sentence, but because SOR law changed between guilty plea and sentencing (plea was given in Dec. 2003 and sentencing was delayed till Sept 2004) 20 years registration was given. We can not sell our house and move because of restrictions on where we are allowed to live.

It seems worth it for the person you know to consult with his attorney.

I would think that a withdrawal of the guilty plea would have been discussed in 2004 by the attorney representing your friend after the law changed - although the higher courts had not addressed the issue at that time.

 

[Just Blue]

Yes, we are trying to decide if we have a case against DOC here in Oklahoma based on the fact that understanding of 10 years registration was requirement for indecent exposure guilty plea along with 10 year suspended sentence, but because SOR law changed between guilty plea and sentencing (plea was given in Dec. 2003 and sentencing was delayed till Sept 2004) 20 years registration was given. We can not sell our house and move because of restrictions on where we are allowed to live.

Were you married to the Sex Offender at the time? If not...Did he disclose his ... history...to you before you married?

 

[Marie Mitchell]

The person you know should discuss this with his/her attorney. If a guilty plea was entered as a condition in a plea agreement and the terms of the agreement no longer apply as a result of the change in the law, the guilty plea could be

Were you married to the Sex Offender at the time? If not...Did he disclose his ... history...to you before you married?

No, not married at the time, but he was open and honest with me at the time we were seriously dating. He has fulfilled all requirements, gone through treatment program, passed all polygraph and is currently voluntarily helping men over come sex addictions in the best program of all called "The Conquer series". People do change. But, the 20 year punishment of SOR is still active. We can't visit my family in Calif. because they require a life time registry and we have no idea how we would get off their registry even if we are off in Oklahoma after 2024. We could not go on our cruise honeymoon because they did a check and found him on the SOR. We cannot move to where we want because there are restrictions where we are allowed. Yes, he wore shorts without underwear and exposed himself to an adult woman and should be punished, but after 15 years of never doing that or any other sexual offense again?

 

[quincy]

No, not married at the time, but he was open and honest with me at the time we were seriously dating. He has fulfilled all requirements, gone through treatment program, passed all polygraph and is currently voluntarily helping men over come sex addictions in the best program of all called "The Conquer series". People do change. But, the 20 year punishment of SOR is still active. We can't visit my family in Calif. because they require a life time registry and we have no idea how we would get off their registry even if we are off in Oklahoma after 2024. We could not go on our cruise honeymoon because they did a check and found him on the SOR. We cannot move to where we want because there are restrictions where we are allowed. Yes, he wore shorts without underwear and exposed himself to an adult woman and should be punished, but after 15 years of never doing that or any other sexual offense again?

Again, he should speak to an attorney.

I personally think some of the sentences imposed for some sex offenses are too harsh and the need to register as a sex offender for these relatively minor offenses a bit absurd.

And please note: I said "some."

 

[Zigner]

How does this prevent you from visiting family in CA?

 

[Just Blue]

No, not married at the time, but he was open and honest with me at the time we were seriously dating. He has fulfilled all requirements, gone through treatment program, passed all polygraph and is currently voluntarily helping men over come sex addictions in the best program of all called "The Conquer series". People do change. But, the 20 year punishment of SOR is still active. We can't visit my family in Calif. because they require a life time registry and we have no idea how we would get off their registry even if we are off in Oklahoma after 2024. We could not go on our cruise honeymoon because they did a check and found him on the SOR. We cannot move to where we want because there are restrictions where we are allowed. Yes, he wore shorts without underwear and exposed himself to an adult woman and should be punished, but after 15 years of never doing that or any other sexual offense again?

You knew what you were getting into when you married him. YOU can move/visit/sail anywhere you want. If YOU don't like the restrictions...divorce him. BTW: I will bet he didn't just expose himself to adult woman. That is just what he pled to. He had the option to no plea and take his chances at trial 14 years ago. Little late to lament about it now.

 

[quincy]

The case would be public record.

 

[Marie Mitchell]

How does this prevent you from visiting family in CA?

As we understand, if someone on the sex offender registry is in another state for a certain number of days they must register in that state. California has life time registation requirements for all sex offenders regardless of Offense.

 

[Marie Mitchell]

You knew what you were getting into when you married him. YOU can move/visit/sail anywhere you want. If YOU don't like the restrictions...divorce him. BTW: I will bet he didn't just expose himself to adult woman. That is just what he pled to. He had the option to no plea and take his chances at trial 14 years ago. Little late to lament about it now.

Thank you for your mercy. May your sins be judged as you judge others

 

[Zigner]

As we understand, if someone on the sex offender registry is in another state for a certain number of days they must register in that state. California has life time registation requirements for all sex offenders regardless of Offense.

Registration requirements kick in after 14 days, or 30 days aggregate in a year. (http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=290.002)

This isn't preventing you from visiting at all. It simply restricts the length of your visit, or requires registration for longer visits. You chose to marry a guy with these restrictions.