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| This must have been a topic at some defense bar conference recently.
As with most things, we're taking it on a case-by-case basis. A few times we've objected strongly, usually on the grounds that it was a crime of violence in that particular circumstance.
Recently, we had a Possession of Marijuana from 1970 that would today be a misdemeanor, and considering the defendant had no prior criminal history, nor any subsequent history (other than a speeding ticket or two), we agreed to it. Our rationale was that were a similar circumstance be presented today, he would at worst face a misdemeanor, and would have most likely received deferred, and therefore be eligible for a petition for non-disclosure. Under those particular circumstances, we really didn't see the need for a hearing.
One of my prosecutors has got another one coming up in May sometime, and we're thinking that we might just 'punt' it to the judge and see what he thinks . . . |
| Posts: 40 | Location: Nacogdoches, Texas | Registered: August 08, 2003 | ![Reply With Quote Reply With Quote](https://tdcaa.infopop.net/groupee_common/ver1.3.7.2147483647/platform_images/blank.gif) ![Edit or Delete Message Edit or Delete Message](https://tdcaa.infopop.net/groupee_common/ver1.3.7.2147483647/platform_images/blank.gif)
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