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Sex Offender Registration Despite Terms of Plea Bargain, Offense Commited as a Minor

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  • 11-30-2010, 10:57 AM
    Amakusa
    Sex Offender Registration Despite Terms of Plea Bargain, Offense Commited as a Minor
    My question involves criminal law for the state of: Texas


    MY client was charged when he was 17 years old for something that he did when he was 14 years old and the girl was 13. He was 17 when it all came out.

    Case was transferred to adult court and he was placed on Deferred adjudication for 8 years.

    Judge put in his conditions that he only had to register for duration of probation.

    He is about to be off of probation and the registration office keeps telling him he has to register for life because it was an agg. charge. Doesnt matter that he was 14 and she was 13.

    This one has me stumped.

    On one hand the judge can not "change" the law. Agg. charge is life registration, period.

    However, the judge clearly put it in his conditions and ADA signed off on all of it.

    Does this Technicality make his probation invalid?

    How do I fix the mistake? Does the court need to drop the agg. charge and charge with something different? Is so, how do I do that after he signed for probation and I cant appeal?

    Any help is appreciated.
  • 11-30-2010, 11:42 AM
    flyingron
    Re: Male 14, Girl 13.charged with Agg. Sex Assault. Reg for Life. but Theres a Kicker
    Deferred adjudication counts like a conviction as far as Texas sex offender registration goes as far as I know. The requirement the judge put in place was redundant with the law during the time it applied.
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