The California Supreme Court ruled Monday that trial courts will be required to advise defendants of the consequences of pleading guilty to crimes that could make them eligible for designation as a sexually violent predator, in a ruling stemming from a case out of El Cajon.
The state’s highest court found that typically, defendants are not informed that their pleas to certain charges could result in being designated as a sexually violent predator, or SVP, which could lead to an indefinite commitment to a state hospital for treatment.
The ruling stems from the case of a man accused of accosting a group of children at an El Cajon mall in 2017.
The defendant argued in an appeal that his attorney did not tell him one of the charges he faced — and pleaded guilty to — qualified him for potential sexually violent predator designation. Following his release from prison, prosecutors initiated civil commitment proceedings against him under the Sexually Violent Predator Act, and he’s remained in custody since his 2019 release.
While the court did not agree that the defendant was prejudiced in his case, it found that “prudential and fairness considerations support a rule requiring trial courts to advise criminal defendants of potential SVPA consequences of a guilty or no-contest plea.”
Many defense attorneys do not seem to understand what being designated as a SVP or even what being on the registry does to their client and their families. Hopefully this is another step in a positive direction so DAs won’t just throw everything and see what sticks…they will have to justify everything they are throwing….Hopefully.
courts and DA’s are VERY Corrupt, ESPECIALLY here in SAN DIEGO COUNTY…. whatever to get a conviction… ESP el cajon where I had judge spreckle (a ass)…
Luckily only had that jackass for a prelim.
Although at the END funny thing (2013) DA said he knows he will have to reg for life… then in whatever it was 2019 that changed, although im still at life reg… cause of 311.11, but that will change in the next yr to year and a half which 311.11 will DROP to 10 and I can petition for removal… I ONLY WISH when I PETITION that ID GET the SAME DA that I signed,,,, SWEET REVENGE to get off the costco list…
My ALT PUB DFR, is in private I may actually pay the $$ and have him do my petition which would be funny as he was my ATTY in the case and now im gunna get off after CASOMB puts forth the 311 change and gets it introduced then passed !
If it were going to be honest, the court’s advisement would be something like this:
“This Court is required to advise you that pleading guilty to these charges may designate you a sexually violent predator, subject to petition from the State to
incarceratedetainhouse you in adifferentprisonmental health treatment facilityfor the rest of your lifeuntil such a time that the State is satisfied that you no longer pose a threat to society at the conclusion of your sentence.”But I can see how this is going to go already.
Court: I must advise you that may be designated an SVP if you plead guilty to these charges.
Defendant: What is that?
Court: Your lawyer will explain it to you.
Defense Counsel: (whispers) Don’t worry about it, it’s just a standard thing. I’ll explain it later. Just say yes.
Anyone else wonder what it is that someone could do in a shopping mall that would amount to “accosting a group of children” in such a way that it would rise to the level of “Sexually Violent Predator’ing?”
I’ll tell you what, almost certainly, it is: he propositioned them, either directly or in a “grooming” sort of way. That’s it. In some manner, his words, alone, rose to a statutory level of establishing that he is a “Sexually Violent Predator.” No actual violence, as any reasonable person understands the word, is necessary.
There are all kinds of men in Coalinga for doing the same or less. If you think that it’s only for “the worst-of-the-worst,” as we’ve all been assured, think again!
Well back in my day all people forced to register were labeled SVP and there was no tier system everyone was on lifetime supervision aka Megan’s Law. At least now they gotta tell people what part of Hell your gonna be placed in.