Call Now For Help


Withdrawal of Guilty Plea – Appeal Update


by in Criminal Appeals, Criminal Defense

In this case, the defendant’s criminal defense attorney allegedly failed to inform the defendant, who was underage at the time he committed a sex offense, that he would not be able to be removed from the Megan’s Law registry upon his 18th birthday. The defendant successfully argued on appeal that this materially influenced his decision to plead guilty.

State in the Matter of Registrant B.A., unpublished opinion, App. Div. Docket Nos. A-0109-08T1 and A-1997-08T1 (December 16, 2009) – Order denying motion to be relieved of Megan’s Law registration requirements affirmed, order denying motion to withdraw guilty plea reversed, case remanded for evidentiary hearing.

“The court, the defense attorney, and by silence, the assistant prosecutor, were unaware of the fact that B.A. was not eligible to apply for relief from Megan’s Law registration requirements when he turned eighteen unless he was under fourteen years of age at the time of the commission of the offense.

B.A. asserts that he relied upon this mistaken impression of what was required under Megan’s Law in seeking to withdraw his guilty plea, arguing that it materially influenced him to enter a guilty plea…. B.A. contends that he entered his guilty plea believing that he would be eligible to apply for relief from Megan’s Law registration requirements when he became eighteen years old.

This belief was fortified by the colloquy between the trial court and his then-counsel. The State made no objection or comment. As a consequence, he reasonably anticipated that he could petition for relief when he turned eighteen…. [T]he trial court did not even consider the mistaken impression conveyed to B.A. at the time he entered his plea…. On remand, the trial court will have to hold a hearing to explore the issue of the materiality of this misimpression to determine whether a plea withdrawal is appropriate. (Jane M. Personette)

  • //






*No aspect of this advertisement has been approved by the Supreme Court of New Jersey | Rating Methodology | Disclaimer | Privacy Policy
The information contained in on this website is for general information purposes only. The information is provided by The Law Offices of Anthony J. Vecchio and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to The Law Offices of Anthony J. Vecchio or the information, products, or services contained on for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
The results of verdicts and settlements mentioned herein are not typical. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.

Site by Law Firm Website Designers / Criminal Defense/DWI Lawyer Marketing.