In a 4-3 decision, the Colorado Supreme Court has ruled that a criminal defendant was entitled to his request to de-register as a sex offender because he completed the terms of his probationary sentence and therefore no longer had a conviction under the law.
Brian Keith McCulley pleaded guilty in 2000 to two counts of sexual assault. One of the charges, a misdemeanor, resulted in 60 days in jail while the other, a felony, carried a deferred judgment. In Colorado, deferred judgments allow for completion of probation lasting a period of months to years. If the defendant satisfies the conditions of probation, the court dismisses the case.
For his felony, McCulley had to serve four years on probation and register as a sex offender. In 2004, he completed the probation and a judge withdrew McCulley’s guilty plea and dismissed the charge against him.
Years later, in 2016, McCulley petitioned to de-register as a sex offender. The Colorado Sex Offender Registration Act prevents someone who has more than one conviction from requesting such a discontinuation. Prosecutors argued that the law included the deferred judgment as a “conviction,” even though McCulley countered that his record, as it stood, only included one misdemeanor sex crime conviction.
A district court agreed with the prosecution, claiming that the “legislative intent” of the law was to bar even those with deferred sentences from de-registering in the state’s offender tracking system. The Colorado Court of Appeals also reached the same conclusion.
Download the decision:
“Justice Brian D. Boatright looked to the same clause about defendants who “received a deferred judgment and sentence” and reached the opposite conclusion: the law did not mention those with completed sentences because it did not envision special treatment for them.”
Why would it need to specifically mention it if to a layman having no conviction via dismissal and SORA talking about a “conviction” would have SORA nothing to look at at that point? CA very specifically added an amendment to neuter our dismissal (1203.4).
But I do wonder how the new tiered registry will interact with our 1203.4? 1203.4 in itself doesn’t automatically end registration. But all of tiered registry language specifically refer to being convicted. And the language of the amendment that doesn’t allow automatic de-registration doesn’t specifically state that you still have a conviction for the purposes of the registering. It sounds similar to what happens in this case.
And I don’t buy the reasoning in this case (and potentially in CA) of judges assuming what was and wasn’t the intention of legislation when people suddenly realize the unforvorables might have something positive. If you’re going to say their intention wasn’t to have this “loophole”, then you also have to consider their intention wasn’t to have families of registrants suffer along side them and it must be corrected. Because if its okay for them to be unintended collateral damage, then they should also accept unintended benefits are fine as well.
I hope this kind of outcome comes to Texas at some point
What kind of headline is that?? We won.
Maybe now Colorado will get off its ass and rule on the “Judge Matsch Case”. I call it that because I don’t know the actual name of the case. But I’m sure most know what I’m referring to.
Deferred prosecution is just another play from the book of the prosecutor. An offer of deferred prosecution was made to me in 1991. I rejected the offer immediately, I knew wasn’t guilty.
As you can see in this case, the prosecutorial ploy is used to manipulate the defendant in bad faith. If one enters into a deferred prosecution agreement the defendant is still required to admit capability as part of it, and indeed sign away rights and privileges. Doing so limits the defense by collateral implication to direct and indirect appeals. What state’s prosecutors are really after is a volunteered signature upon their best weapon: THE VOLUNTARY WAIVER OF RIGHT FORM. It is a multipurpose standardized form used by the judicial branch which serves several advantages to the state’s position. This is a reason why the plea bargain is often put forth with limited exposure of incarceration to defendants. It is the prosecutors best weapon in post conviction civil actions on the issue too, like the demand for registration.
It makes one wonder if good faith is in place at all among the people’s leadership. The majority here rests it’s good faith and trust that defendants must be cognizant at the time of trail ALL of the obligations of pain and penalty owed the people upon conviction. A reasonable balance between citizen and lawful government acting in good faith toward one another.
I would like to know if anyone were able to get off probation early on deferred adjudication? did you serve half your time?
I’m glad someone is using wisdom today or if anyone knows wisdom or do we all learn and yes even judges. Seems like things are getting deep in America since this pandermic. Image a women scientist being fired for distorting data. One wonders who’s distorting the truth in many of these offender ordeals or should we all go back to the Serenity Prayer.
I made a coment on here about the telegraph and the first message sent. What has God wrought and it seemed to go over everybodys head. One wonders if we are all being a bit cynical or are judges still hashing out harsh laws in many ways. I hope respect is still a two way street or is it a one way street today. Believe we all have a master and yes he is the one that gives us all wisdom or are we still clueless in Seattle. So where is wisdom today. One wonders who is clueless?
https://letgodbetrue.com/proverbs/index/chapter-3/proverbs-3-20/
There should be a point of termination from being on the sex offense registry, so that individuals that are no longer on it can live their lives freely and unmolested, because it’s a waste of time to just keep them tracked and notified for long periods of time like that, which is just pointless and does more harm than good. The people that want to keep the registry going indefinitely just because they want them to comply may be the problem because they don’t want to let go and usually seek vengeance instead of seeking help.
this —–> However, once he completes the terms of his sentence, he is no longer “convicted.”
That is exactly the mindset we need
I believe this will be my last post for a while so listen up! OK Evey one of you all need a “Timeout”. I mentioned to A.D.A.T. and Will to report to the principals office but it is I that needs to report also. Yes after hearing some of Russ ordeal it saddens me. Seems like each one on here is a brain factory. Wanting to solve a “One trick pony” number in this Monty Hall “Lets make a deal”. Now heres is the reason I came back on here.
While I was hoping for a pardon I had sent in some paperwork and I thought things might be looking good. A letter came back to me the other day saying they had received the requesting and the update information. In the letter I just received it said : Note that it might take 2 years for a pardon. By that time I will have completed my 10 yr. probation. I was sort of excited that they even recognized me at the Commonwealth so I sit at home or else start living again. Course we always like to live free. Many in this Convid ordeal haven’t even been out of the house and feel like they are a prisioner of some sort. Yes you all gloated on here that they are getting some type of our treatment that we as sex offenders feel. That was wrong to say.
In the last few days on here people are sounding off as to how they are treating people out in CA and this teir issue. At times one just has to say “Let God be true and every man a liar” and that goes for authorities. I’m sure we all look for freedon and true liberty in much of this registry and at times we can’t even stop and smell the roses or have a cold beer once in a while with friends if thats your thing. Now I’m gonna tell you about Janice so listen up.
Back five years ago she sent me an e-mail and yes it was very warm and welcoming and knew she was their for those on the registry. Yes I had been involved in my little ordeal for three years before finding Janice’s forum. So here’s the e-mail she sent me. I hope she doesn’t mind me sharing this…
James – I am a spiritual person who believes that God equals love. God does not hate and God does not punish. I also believe that every experience we have can teach us a lesson if we only stop to listen and choose to learn from it. It is my goal to keep listening to my lessons in order to stay on my divine path which includes being an advocate for those convicted of sex offenses. May your new year be full of love and light, Janice
Yes I believe the “Pinta Colada” song tells a story in a certain way that we all were caught in the rain. And those Chapters I mentioned in one of my views was Galations 5 & 6. And while your looking in the Good Book” you might as well take a reading on Peter 2.
Satan is still at work and yes we all have to wait and watch and press on as I’m sure its upsetting to everyone even with this type of stigma today. So let your anger not get out of line as I’m sure Will and many others would love to soap a lot of windows with his bars of soap. It is my hope that all of this will be over soon for everyone. One needs to end all of this registry in so many ways.