I am writing back to tell you that the U.S. Constitution has a prohibition against Ex post Facto allowing States to retroactively apply a law to people under a previous contracts, such as a plea deal. If you entered a plea allowance
for ten year registration and now the PSP want to classify you under something different under SORNA has been over turned by the Pa. Supreme Court on 19 July 2017.
In your case you have no plea contract so you would win under the 8th Amendment of the U.S. Constitution as Cruel and Usual Punishment. You completed your time and just started registration – You fall under equal protection by due process rights of the 14 and and 5th Amendments of the U.S. Constitution.
You will get a letter soon from the PSP telling you what to do next. They have until 19 Oct. 2017 to figure out what to tell you. Whatever they say it will have to add the SORNA has been struck down.
It will take about 12 to 18 months for them to correct the records of 4,500 SO’s in Pa.
If you cannot wait the 12 to 18 months for them to correct their own records because they will do it by last name in alphabetical order. If your last name begins with A great your file will be corrected before some one who’s last name begins with Z .
Like you said – about getting a lawyer – you can go to court and claim violation of rights under the U.S. Constitution by filing for injunction relief by Writ of Mandamus or Nunc Pro Tunc . You could file in the closest Commonwealth court nearest to you. it will cost the filing fee and court coast if you Pro Se it or do it yourself.
Not knowing the law is the draw back in your case. But you don’t need to know more than MUNIZ decision pf July 19, 2017
After 19 October 2017 I am going to put on this site a Writ of Mandamus copy on step by step how to file it yourself to keep you from waiting 12 to 18 month for the PSP to correct their own records.
Every day that they delay and have you reporting under SORNA is a violation of your right to liberty and happiness under the PA. Constitution Art. 1 Section 1 You will prevail in your case. You will be taken off – the SORNA.
The Pa. Judicial Committee is now trying to adjust things to try to undermine the Muniz decision by law change in favor to keep the website on the internet. The PSP web site will be ordered to come down 19 Oct 2017.
The AG of Cumberland County Pa. where MUNIZ started (Mr. Freed) has taken action to stay Muniz until the SCOTUS review the Pa. Supreme Court decision on MUNIZ. My prediction is that the U.S. Supreme Count will deny Freed’s Petition for Writ of Certiorari on the grounds that it is not time set to hear the issue on the Federal rights on the issue of Ex Post Factto claims on SORNA because the states are the enforcers of SORNA and they have attached rights by each States Constitutions.
When State one by one make Petition for Writ of Certiorari – one the count get to a point where 2/3 of the State have made Petition for Writ of Certiorari on Ex Post Fact challenge on Ex Post Facto claims.
As of now the U.S. Supreme Court has denied these states on this issue – 1 – Ohio 2 – Alaska 3 – Maryland
4 – Indiana 5 – Michigan 6 – Pennsylvania (will next be denied
Alaska – Maryland – Ohio – Michigan they went to the same route – PENNSYLVANIA will soon be denied on review of Petition for Writ of Certiorari on Ex Post Fact challenge on Ex Post Facto claims.
for two reasons –
1. The States’ high court has spoken in its jurisdiction under state rights of Article 1 Section 17 of the
2. The Federal claim under states rights of Article 1 Section 10 of the U.S. Constitution
States have the right to strike down law matters of unconstitutional claims by the highest Court in the States’ on their Constitutions. The Pennsylvania Supreme Court spoke strong 6 to 1 which is a loud shut that SORNA is not right for Sex Offenders in Pa. The SORNA rules are too restrictive and punitive toward SO’s.
You all will thank me in a few more day to see that I am saying what is right. . .
SORNA will die in Pa. and the Harrisburg Law makers will get together to come up with a Megan’s Law V which will be similar to the Megan’s Law 2 which was 10 year or life for S.V.P. by court review for life time.
The two or more conviction rule has fallen. Two counts on the same day plea equals one conviction – which is Ten years only. Not lifetime any more in Pa.
Pa. 18 3126(a)(7) will fall from life time for people that were put under it as of 20 Dec 2012. Up until that date
Pa. 18 3126(a)(7) was only ten year registration – That is what MUNIZ decision is all about and he won a win on that point that broke the backs of the PSP and Freed AG of Cumberland County. They are now appealing to buy some Court Stay time until the SCOTUS to figure out an contingency action to not let 4,500 people off the registry. The U.S. Supreme Court will deny Freed’s Petition for Writ of Certiorari on Ex Post Fact challenge on Ex Post Facto under MUNIZ’s claim.
And Pa. will have to make new rules for pre-SORNA people or remove them off the registry all together never to bother them again about SO registration.