Most defendants face the dilemma of taking a guilty plea. A trial will be expensive. The prosecution will lessen the charges if you plead guilty. And if a defendant goes to trial and loses, the unstated “trial penalty” often results in a harsher sentence.
Sometimes a defendant takes the plea with the hope of latter being able to challenge it. However, once a defendant pleads guilty, they remain guilty. We discuss this idea as it relates to Benjamin Petty versus the State of Oklahoma. Because Petty wouldn’t later admit his guilt during court-treatment, the providers deemed the treatment a failure, and his sentence was revoked.
We discuss the specific issues Mr. Petty raised and analyze why the court struck each issue down.
Several questions from listeners are addressed. One deals with interstate compact and who has the authority to approve or deny where a PFR may live. Another question is centered on the difficulty of finding attorneys who will treat a client as a partnership between them and the attorney.
A third question has to do with expungement and the state not removing the individual from its registry. By doing so, California is still disseminating registration information, which seems to be a violation of the right to privacy.
Also we address two related questions about interstate compacts and which states have the authority to approve parole conditions as well as the process of interstate compacts when one state wants the parolee returned to the state of conviction.
Highlights
[02:55] Who has jurisdiction to make decisions in interstate compacts.
[11:46] The challenges of finding attorneys that communicate well with clients.
[19:00] Shouldn’t an expungement lead to removal from a state’s registry?
[33:30] Discussion on petition for removal and whether that needs to be done at the federal level.
[33:15] Petty versus the State of Oklahoma
[56:49] Interstate compacts and the steps states take to return a parolee to the state of conviction.
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The Registry Matters Podcast’s mission is to cover issues surrounding the Registry. We cover cases that will peel back the veneer of what we need to do to change our lives for the better. We cover news articles that spark conversations about the total insanity of this modern day witch hunt. This podcast will call out bad policy and call out those that are making bad policy.
To change things for the positive, we need to act. We are 6-7-8-900k strong. With that many people, plus their friends and family, over a million people are affected by the registry. We should be able to secure donations to hire lawyers and lobbyists to move the agenda in our favor. We need our people to be represented.