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  1. #1
    Join Date
    Oct 2008
    Posts
    2

    Default Deferred Adjudication for a Felony

    My question involves criminal law for the state of: Texas

    I have 2 questions. Both are about my particular situation. I was charged with sexual assault a while back. Not wanting to go to court, I accepted a Deferred Adjudication w/ Community Supervision for 10 yrs. The charge was reduced to "Aggravated Assault". Had I realized how many problem it would cause.. I probably would have gone to court.


    Question 1:
    As I understand things, moving between states while on probation/supervision is regulated by the Interstate Compact. I found this on the website: http://www.interstatecompact.org/Por...CAOS_Rules.pdf

    It indicates:
    Rule 3.101 Mandatory transfer of supervision
    At the discretion of the sending state, an offender shall be eligible
    for transfer of supervision to a receiving state under the compact, and the receiving state shall accept
    transfer, if the offender:
    (a) has more than 90 days or an indefinite period of supervision
    remaining at the time the
    sending state transmits the transfer request; and
    (b) has a valid plan of supervision; and
    (c) is in substantial compliance with the terms of supervision in the
    sending state; and
    (d) is a resident of the receiving state; or
    (e)
    (1) has resident family in the receiving state who have indicated a
    willingness and
    ability to assist as specified in the plan of supervision; and
    (2) can obtain employment in the receiving state or has means of support.
    To me, this seems like if I found a job in California, and I have a brother living there (which i do), that I should be guaranteed a transfer. However, I asked my officer about this, and she said "nope, with your offense...it is completely up to the state if they allow you to come to their state...and you can NOT go until the case is accepted"... but she didnt give me any other information. Can this be correct?


    Question 2:
    I've got my community service hours done, taken the classes, and have had no violations whatsoever. I found this site which states that Sex Offenses aren't eligable for early dismissal. Since the charge was reduced to a normal assault, does this effect me? Can I ask for early dismissal?

    Thanks so much!

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Deferred Adjudication for a Felony

    From what you say, you're not a convicted sex offender and have no obligation to register as a sex offender, correct? I'm not sure what your probation officer is talking about.

    But one thing is true: Texas would have to initiate any transfer and you have no constitutional right to compel them to even ask California to accept a transfer. So unless and until your probation officer initiates the process or the sentencing court orders the probation department to initiate the process, nothing is going to happen.

    Do you think there's any chance your probation officer would consider you for an early discharge? From what you've said so far, it doesn't sound like it. You've completed how many years of your probation?

  3. #3
    Join Date
    Oct 2008
    Posts
    2

    Default Re: Deferred Adjudication for a Felony

    Quote Quoting Mr. Knowitall
    View Post
    From what you say, you're not a convicted sex offender and have no obligation to register as a sex offender, correct? I'm not sure what your probation officer is talking about.
    Thats correct. I did not have to register.

    Quote Quoting Mr. Knowitall
    View Post
    But one thing is true: Texas would have to initiate any transfer and you have no constitutional right to compel them to even ask California to accept a transfer. So unless and until your probation officer initiates the process or the sentencing court orders the probation department to initiate the process, nothing is going to happen.
    Yes, I understand that. I was just trying to find out the specifics of the laws that deal with this. I'm just trying to figure out why she said I wouldn't be guaranteed approval to move out of state. From the link in my original post, it looks like I should be guaranteed acceptance by CA, so long as I meet the 4 conditions.

    Quote Quoting Mr. Knowitall
    View Post
    Do you think there's any chance your probation officer would consider you for an early discharge? From what you've said so far, it doesn't sound like it. You've completed how many years of your probation?
    Ive only completed 1 of 10. From what I understand, I have to ask the judge directly for an early discharge... I think the minimum time period for this is 1/3 the time, with most judges granting it at 1/2 the time. I just wanted to make sure that I would be eligible.

    I assume she would vouch for me. I havent had any problems at all. All fees paid. All classes completed. All hours done. She's really nice, as long as Im not asking for anything. Kinda weird.

    Also, if I do manage to move out of state, I still have to go through TX courts to get an early discharge, correct?

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