Has anyone out there successfully prosecuted a Violation of Civil Commitment case. We are receiving them from the DPS usually in the context of paroled sexual predators that are involuntarilly committed to a sex offender treatment program. So far we have recommended no bills to the Grand Jury because the cases are, to our understanding, not prosecutable. DPS gives us inadmissible polygraphs and non-38.22 compliant statements as the only evidence in which to support the case. Anyone dealt with this?

Talk to Tim Rodgers at Dallas County. 214-653-3600. He tried and lost one of these a while back, but has some ideas. He wrote an article for Texas Prosecutor as well.

Look at:
Adams v. State, No. 03-03-00724-CR (Tex.App. Dist.3 11/04/2005)

It is a Travis County case.