Richmond civil rights attorney Andrew Bodoh shares a story about his client, Jeremy Wade Smith, who was charged with rape in 1999.
The Commonwealth’s evidence ultimately did not support the rape charge, and Smith agreed to plead guilty to a more appropriate felony charge. Under that charge, he was to be on the registry for ten years, and then automatically removed from the registry. In 2008, after Mr. Smith had complied with the plea agreement for nine years, the Commonwealth decided put Mr. Smith on the registry for life for the sake of securing federal money under the Adam Walsh Act. This month, the Virginia Supreme Court will hear Mr. Smith’s arguments that the reclassification of his offense was an unconstitutional breech of his plea agreement, and a violation of his rights to due process.
Should the court rule in Smith’s favor?