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First off I am not guilty. But I was given plea with one…

Customer Question
First off I am...

First off I am not guilty. But I was given plea with one year probation and a misdemeanor. but now a month later I am told I must register as a sexual offender. there was a case in california of a reversal could you please let me know how to find it

Lawyer's Assistant: What state is this in? And can you tell me a little more about the charge?

There was a fight not hands on I call the police I was arested for sexual battery and patronizing prostute

Lawyer's Assistant: Have you talked to a lawyer yet?

Yes and when to court and under a guilty plea I was given 1 year probation and then later they added that I now must register I live in Indiana

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I talk to a new attorney and he said I was not abole to afford him but told me of a judgement were a man was told to register and now that he was not informed in he plea they turned it I am trying to fine that judgement

Submitted: 5 months ago.Category: Criminal Law
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Answered in 4 hours by:
11/10/2017
Criminal Lawyer: James Daloisio, Lawyer replied 5 months ago
James Daloisio
Category: Criminal Law
Satisfied Customers: 340
Experience: 30 years experience in criminal law, continuing education.
Verified

Hi, my name is ***** ***** welcome to Just Answer. Sorry it's taken so long to get to this but I just now came online.

I see that you pled guilty or no contest to an offense in California. You said you were arrested for sexual battery and patronizing a prostitute, but you did not say what crime you pled guilty/no contest to. It makes a difference. If you tell me what you pled to I can give you a more informed response.

As for the case law that you asked about, there is case from 2007 called People vs. Zaidi (2007) 147 Cal.App.4th 1470. In that case, the defendant entered a plea to an offense for which registration was discretionary; however, the plea form that mentioned registration did not advise that such registration was a lifetime requirement. On that basis the court remanded the matter back to the trial court with instructions that the defendant was to be allowed to withdraw his plea, if he wished, and proceed to trial.

The trial court's obligation to advise a defendant of the registration requirement in certain sex cases was first discussed in In Re Birch (1973) 10 Cal.3d 314 and Bunnell vs Superior Court (1975) 13 Cal.3d 592. Failure to advise a defendant of the sex registration requirement is error and violates the trial court's duty to advise the defendant of the direct consequences of his plea. (See People vs. McClellan (1993) 6 Cal.4th 367.) The Zaidi case extended that rule to include the requirement that not only must the defendant be advised of the registration requirement, but must also be informed that registration as a sex offender is a lifetime requirement, not just for the term of probation.

You began your post with "I am not guilty." The remedy for not being properly advised of a registration requirement is withdrawal of your guilty/no contest plea. And I am not certain that in your case an appellate court would rule in the same fashion, because the court does not have the obligation to warn a defendant what other states might do as a result of a California conviction. So it really depends on what you pled to and what you were warned of. Please let me know, and I'll provide details.

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Customer reply replied 4 months ago
First I am from Indiana
Customer reply replied 4 months ago
the court is in Indiana
Customer reply replied 4 months ago
I file an appeal with court state says they have 10 day to reply been a month. What do I do now and how?
Criminal Lawyer: James Daloisio, Lawyer replied 4 months ago

Hello again,

OK, it's easier with everything being in Indiana.

I'll need some basic information:

1) What crime or crimes did you plead guilty to

2) Were you represented by an attorney

3) Who offered you the settlement, the prosecutor or the court?

4) Were you given a printed form advising you of your rights and the consequences of your plea, or just advised orally by the court or the prosecutor?

I'm presuming that you filed a Notice of Appeal with the Court of Appeals. Please provide the above info and we'll go from there.

Thank you,

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Customer reply replied 4 months ago
can I email the papers and your number
Criminal Lawyer: James Daloisio, Lawyer replied 4 months ago

Yes. *** at gmail.com

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Criminal Lawyer: James Daloisio, Lawyer replied 4 months ago

Please check your email for response.

You need to file a motion to withdraw your plea based upon ineffective assistance of counsel. Details are in my email response.

Thank you and please don't forget to rate this answer.

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James Daloisio
James Daloisio
James Daloisio, Lawyer
Category: Criminal Law
Satisfied Customers: 340
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Experience: 30 years experience in criminal law, continuing education.

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