While people often think that they would mount a vigorous defense if they were charged with a crime, in some cases, it makes sense to enter a no contest or guilty plea. Typically, it is difficult to overturn a conviction after pleading no contest, but there are exceptions. For example, as discussed in a recent ruling issued by a Florida court in a case in which the defendant appealed his conviction for failing to register as a sex offender, a person cannot be found guilty of an offense they did not commit, regardless of their plea. If you are charged with a sex crime, it is in your best interest to meet with a dedicated Clearwater sex crime defense lawyer to discuss your options.
The History of the Case
It is reported that the defendant was charged with failing to register as a sex predator in accordance with Florida law and failing to report that he vacated his permanent residence. He entered a no contest plea, after which he was convicted and sentenced. He subsequently appealed. The appellate court ultimately found in his favor as to the sex predator charge and reversed his conviction.
Overturning a Conviction Following a No Contest Plea
On appeal, the court noted that the error committed by the trial court was clear. Specifically, the defendant entered a plea of no contest to a crime he did not commit. The appellate court explained that the defendant was never designated as a sexual predator. Therefore, in accordance with Florida law, he had no duty to register as a sex predator.