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My guts and reading tell me that crim defense attorney is wrong:
His client, who pled to sexual assault in 1999, received deferred for 10 years, and completed community supervision, can not only get indictment dismissed but also get Order that he not have to register from no one because there was never a motion to adjudicate and he had no priors.
I believe he can file motion to get indictment dismissed but because sexual assault falls in "violent crimes" section, he's "hooked" for life.
Comments, brickbats, etc.
 
Posts: 19 | Location: Brownsville TX. | Registered: February 04, 2004Reply With QuoteReport This Post
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If the guy plead to 10 years deferred in 1999 for sexual assault-- he's a sex offender for life, period.

The only exception would be if it was a situation where the defendant and victim were close in age (20 and 16 year old, and it was "consentual"). There is a provision for that type of thing but beyond that, he's a sex offender for life.

Tell him to keep registering or else!
 
Posts: 293 | Location: San Antonio | Registered: January 27, 2004Reply With QuoteReport This Post
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Has anyone dealt with the 2005 statute (Art. 62.401 et. seq.) dealing with early termination of sex offender registration? I'm not suggesting that this is where the defense attorney is coming from, I just thought it was kind of related. I recently had this come up and was wondering if others have dealt with it.
 
Posts: 1243 | Location: houston, texas, u.s.a. | Registered: October 19, 2001Reply With QuoteReport This Post
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