The April edition of the Pennsylvania Bar News is reporting an encouraging development for those subject to registration under the newly enacted sex offender registration requirements set forth in SORNA, 42 Pa.C.S. 9799.
In Westmoreland County, a Judge in the case of Commonwealth v. McMullen has ruled that a Defendant who enters a negotiated guilty plea that did not include sex offender registration requirements years before the enactment of SORNA need not register under the new act. The Judge reasoned that such registration violates due process, fundamental fairness, justice and the contractual analysis regarding said plea agreement.
While this case is not binding precedent, it is an important first step towards scaling back the sex offender registration requirements put into effect by SORNA.
If you or someone you love have been charged with a crime that requires registration, contact the Law Office of John E. Kusturiss, Jr., PLLC, today for a free consultation. With the current state of the law you don’t want to take any chances with your future. Meet with one of our experienced attorneys that can take the time to explain your options and fight for your rights.