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This is known as the “3g offenses.” The reason why they are known this way is that several other criminal laws make reference to this list of supposedly heinous offenses against the people of Texas. Convicted under article 481 of the Texas Health and Safety code in a drug free zone with a previous conviction with an affirmative finding of a drug free zone 9. 1st degree Injury to a Child, Elderly or Disabled 11. 1st degree Solicitation of a Capital Offense under Penal Code 15.03 13. Any offense with a Deadly Weapon was used during the commission of the offense or immediate flight therefrom as defined by Penal Code 1.07 As you can tell, this list is long and has been amended many times. You can also be prohibited from receiving probation or community supervision from a Jury in Texas. Automatic State Jail Felony Probation for most State Jail Drug cases under article 481 of the Health and Safety Code 3.
For example, 3g offenses have different applicable parole laws under the Texas Government Code 508.145(d)(1) and also can restrict one’s right to an appeal bond even though they have received a sentence less than 10 years under article 44.04(b) of the Texas Code of Criminal Procedure. Indecency with a Child under 21.11(a)(1) [aka Indecency by Touching] 4. These cases are listed in article 42.12 section 4 of the Texas Code of Criminal Procedure: 1. Conviction for Indecency by Touching With a Child less than 14 years old, Aggravated Sexual Assault of a Child less than 14 years old or Sexual Assault of a Child less than 14 years old. Aggravated Kidnapping of a child less than 14 years old if the actor intended to sexually abuse the child 5.
The Authorization Agreement form includes a more specific list of authorized actions. Read the law about nonparent authorization agreements here: Texas Family Code Chapter 34. The new law allows any adult caregiver to be authorized to provide temporary care for a child using an Authorization Agreement form. Previously, an Authorization Agreement could only be issued to the child’s grandparent, the child’s aunt or uncle, the child’s adult sibling, or other voluntary caregiver (if the child is placed with the caregiver under a Child Protective Services (CPS) parental child safety agreement). You must mail a copy of the signed Authorization Agreement form to the other parent within 10 days of signing the form.
In this paper I will focus solely on sex related crimes.
However, Texas law greatly restricts who can get probation or community supervision in general.
Therefore, the polygraph session can quickly turn into an interrogation session where the polygraph machine is used to intimidate the suspect. You won’t know the lies that are being said about you. It’s impossible and very likely you will hurt yourself much more than help yourself in such a situation. For cases occurring after January 1, 2014, the Michael Morton Act will control these request.
The police won’t tell you that you can hire own attorney and your attorney can conduct a polygraph under the Attorney Work Product Privilege so that the result is never known unless you and your attorney agree that it be released. The FBI, Dallas County District Attorney’s Office, Plano Police Department and many other police agencies frequently use my polygrapher to assist them in their investigations. In particular, Texas Code of Criminal Procedure 39.14 was amended to basically allow Defendant charged the right to certain discovery items.
In this scenario, the polygrapher works for the Detective.
The purpose for the polygraph is to subject the suspect to an interrogation that results in a partial or full confession. The detective will say: If you’ve got nothing to hide, what’s the harm? There will always be another side to the investigation that you won’t be privy to. Most commonly an attorney will make a request for certain discovery from the DA’s office.
Of course, you need to review article 42.12 of the Texas Code of Criminal Procedure. Article 42.12 in currently form is 22,541 words long.
So, you need to know where to look to know whether you will even have a shot at getting probation in your case.
The “state” is also required to turn over any so called Brady vs.
Maryland material and that’s been codified in 39.14 of the Texas Code of Criminal procedure subsection (h).
What if the “state” isn’t aware of the Brady material? The investigator must then be made to take the witness stand in open court and under oath forced to testify.Tags: Adult Dating, affair dating, sex dating