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Can't live at home a "reasonable condition of probation"? Login/Join 
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We have a guy that was just convicted of shooting at his neighbor. We need to argue to the judge that he can no longer live in his home while on probation b/c the victim - the neighbor - is scared to death. Anyone know of any annotations of 42.12 CCP that address this? The only restrictions on where someone can live that I can find are involving sex offenders.
 
Posts: 59 | Location: Anson, Texas, USA | Registered: November 13, 2001Reply With QuoteReport This Post
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Sex crimes are often crimes of violence/predation too. For authority, take a look at The Perfect Plea (2010) pp 88-89.
 
Posts: 444 | Location: Austin, Texas, USA | Registered: January 06, 2010Reply With QuoteReport This Post
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Well 42.12 sec. 11 doesn't place any limit on probation conditions so a judge can do anything that would be considered reasonable. You would simply have a condition that the Defendant not go within x feet of the victim or the victim's residence. If his house is within that range, well then he can't go home.
 
Posts: 106 | Location: Galveston, Tx. | Registered: May 17, 2007Reply With QuoteReport This Post
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