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  1. Railroaded Pennylvania

    Railroaded Pennylvania Law Topic Starter New Member

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    Jurisdiction:
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    Now that their registration method has been found to be punitive. Can a offender possibly file civil suit against Sorna or the PSP. i have read online that there are a few hundred cases against the PSP in civil suits regarding the registration. I am an offender an was sentenced to 10 years on the registration then moved up to lifetime in 2012. My original 10 years would be up in May of 2018 so im wanting to find out if i can fight this punitive finding along with the many others who have already began their civil suits. The lawyer i had at time of sentencing was brought up on embezzlement charges from clients and is now in state prison. And when he is done with that he is due in federal court for tax evasion and will do fed time. So i feel i wasnt represented well from the start. I never touched noone but got 11 months in county and 27 years probation. Heck i never left my house. Please help...
     
  2. army judge

    army judge Super Moderator

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    Look around your county, nearby counties, HIRE yourself a lawyer.
     
  3. Railroaded Pennylvania

    Railroaded Pennylvania Law Topic Starter New Member

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    Thank you for your response. But as i said already my luck with lawyers has not been the best. I do have a very good attorny now. How ever he is presently handling a double murder trial. So i must wait... So i am trying to gather all the info i possibly can until he gets to me. Any ideas from any lawyers are welcomed. Thank you in advance...
     
  4. zddoodah

    zddoodah Active Member

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    Not sure what "PSP" stands for (I didn't know what "SORNA" was until I googled it, but there are way too many things that "PSP" might stand for, the most common of which seems to be a handheld video game system, but I assume that's not what you're talking about). In any event, anyone can sue anyone for anything. However, according to my google search, "SORNA" is an acronym for Pennsylvania's Sex Offender Registration and Notification Act. In other words, it's a law. While one could, in theory, sue a law, it would make no sense to do so. Only humans and entities such as corporations, LLCs, etc. are amenable to suit. One could file a lawsuit that seeks to hold a law unconstitutional, but that seems unnecessary since that seems already to have happened in the case of SORNA.

    That right there should have obviated the need to ask about suing the PSP. Right?

    You want to fight the punitive finding? It seems to me like you'd want to embrace the Pennsylvania Supreme Court's ruling "that the sex offender registration system is punitive, and therefore cannot be applied to defendants retroactively," and use it to challenge the way it was applied to you.

    This is an internet message board, so I'm unsure what sort of help you think we can provide -- especially since you already have "a very good attorney."

    I think the chances that any Pennsylvania criminal defense attorneys will happen upon your post are rather small. You might consider contacting one or more of the attorneys who filed one or more of the "few hundred cases" you mentioned in your original post.
     
  5. army judge

    army judge Super Moderator

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    If you hired a lawyer, you can send him/her a letter.

    You should protect yourself and speak to no one but your lawyer, the one you hired.
     
  6. Railroaded Pennylvania

    Railroaded Pennylvania Law Topic Starter New Member

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    So your saying not to seek advice from any other attorneys or lawyers
     
  7. army judge

    army judge Super Moderator

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    Other attorneys in your state are legally bound from speaking to you as long as you have retained counsel.

    It is in your best interests to speak ONLY to your attorney.

    If you believe your current attorney is ineffective, fire him/her and hire another attorney.
     
  8. Railroaded Pennylvania

    Railroaded Pennylvania Law Topic Starter New Member

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    I dont want to fight the punitive findings. But the retroactivity of it to my length of registration. Im trying to find out if the offenders have certain given amount of time to have their civil suits started per say. Im sorry for the confusion on my behalf...
     
  9. army judge

    army judge Super Moderator

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    That is why you need to consult your attorney.

    Make an appointment and discuss your concerns with him or her.

    Even when you find out what you wish to know, you'll need an attorney to litigate it for you.
     
  10. Railroaded Pennylvania

    Railroaded Pennylvania Law Topic Starter New Member

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    Just called and left a message with his secretary telling him. I no longer am in need of his services. Reasoning being insignificant council...
     
  11. zddoodah

    zddoodah Active Member

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    I'm quite certain that there is a time limit, but I don't know what it is. However, since the PA Supreme Court's ruling only happened a couple months ago, I'm quite confident that the limit isn't close to occurring. This is something your attorney should be able to advise you about.
     

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