In Massachusetts the court is required to notify a defendant of his obligation to register when he is convicted of a qualifying offense.
If a defendant plead guilty before the requirement came into effect, but after the registry statute was enacted(1 month after) could he successfully argue that his plea agreement was violated if it did not include registering as a sex offender? Is the defendants lack of knowledge of the recently enacted statute an issue that has merit?
May the court vacate his sentence and re-sentence?
If a defendant plead guilty before the requirement came into effect, but after the registry statute was enacted(1 month after) could he successfully argue that his plea agreement was violated if it did not include registering as a sex offender? Is the defendants lack of knowledge of the recently enacted statute an issue that has merit?
May the court vacate his sentence and re-sentence?