HOUSTON SEXUAL ASSAULT LAWYER DISCUSSES ADMONISHMENTS

As a attorney in Houston handling sexual assault cases one of the most important things my clients needs to know are the consequences pertaining to different sexual crimes. Thus,it is impostant that the client understand each of the issues outlined below.

1. ______ , I understand I Am required to meet the sex offender registration requirements of Chapter 62 of the Code of Criminal Procedure.

2. ______ , I understand I must register with local law enforcement agencies in the city or county where I reside.

3. ______ , I understand under certain circumstances I must periodically verify registration information or enter a new registration with local law enforcement agencies in any city, or county where I intent to reside, move, visit or work.

4. ______ , I understand I am subject to the above describe registration program and the duty to register does not generally expire until ten years after my sentence or community supervision ends because I will have been convicted or placed on deferred adjudication for on the offense listed below:

• Indecency with a child by exposure;
• Compelling Prostitution;
• A Second conviction for Indecent Exposure;
• Unlawful restraint, kidnapping, or aggravated kidnapping if the judgment or order contains an affirmative finding that the victim was a child under 17 years of age;
• Any substantially similar offense under the law of another state, federal law, or the Uniform Code of Military Justice;
• Any offense resulting in a condition of parole, release to mandatory supervision, or community supervision requiring registration as a sex offender;
• Attempted conspiracy or solicitation to commit any of the offenses list above or below;

OR

______ , I understand I am subject to the above described registration program and duty to register is for the remainder of my life because I have been convicted or placed on deferred adjudication for one of the offenses below:

• Sexual performance by a child;
• Prohibited sexual conduct;
• Indecency with a child by contact;
• Compelling prostitution of Minor;
• Sexual Assault;
• Possession or promotion of child pornography;
• Aggravated kidnapping with intent to violate or abuse the victim sexually;
• Aggravated sexual assault
• Burglary of habitation with intent to commit indecency with a child, aggravated sexual assault, sexual assault, prohibited sexual conduct, aggravated kidnapping with intent to violate or abuse the victim sexually.

5. ______ , I understand I must register as a sex offender regardless of the pendency of an appeal.

6. ______ ,I understand that failure to comply with sex offender registration laws is a criminal offense.

Your Houston Sexual Assault attorney needs to know these issues and many more. Please do not hesitate to contact me if you have any question regarding these type of cases.

WHAT DO I NEED TO DO TO GET A PRE-TRIAL DIVERSION IN HOUSTON, HARRIS COUNTY, TEXAS

As I have mentioned before, there are two types of community supervision, (probation) in Texas. One is probation, the other is deferred adjudication. What a lot of criminal lawyers do not mention to their clients is Pre-trial Diversion. I am not sure if the criminal attorneys that do not alert their clients of Pre-trial Diversion are because of a lack of knowledge or because it is so difficult to obtain when compared to a probation or deferred adjudication.

One of the most important requirements for a person seeking entry into
the Pre-trial Diversion program is a completely clear criminal record. Typically, even a case that was previously dismissed will preclude someone
from entering the Diversion program.

If someone is seeking entry into the program in Harris County these are
some of the things needed:

PRE-TRIAL DIVERSION APPLICATIONS SUGGESTED CONTENT

1. The application should be submitted at least one week prior to the next
court setting.

2. A statement should be detailing the following: summary of the circumstances of the offense charged; a statement of any mitigating factors, including a statement of why you deserve this extraordinary benefit; a statement explaining the current home life, including information regarding support systems; the statement
must admit guilt, but it will not be used against you if you are not allowed to enter the program.

3. A complete representation of any juvenile or adult criminal history,
including pending cases in other jurisdictions, arrest that has not been expunged.

4. All content should be race-neutral.

5. Current family and residential information.

PLEASE STATE IF YOU DO NOT LIVE IN HARRIS COUNTY OR AN ADJOINING COUNTY OR RESIDE OUT OF STATE. THIS
MAY AFFECT ELIGIBILITY. PERFORMANCE UNDER THESE AGREEMENTS IS EXPECTED TO TAKE PLACE IN HARRIS COUNTY, TEXAS. THEY ARE NOT TRANSFERABLE.

6. Photographs, original awards, or certificates; you may have received.

7. Include verification of current and past school enrollment, including transcript, if possible.

8. Include verification of your current and past employment (Resume suggested).

9. Letters of recommendations (at least 2).
THE APPLICATION PACKET SHOULD BE LIMITED TO 10 PAGES OR LESS.
ALL APPLICANTS ARE EXPECTED TO BE DRUG-FREE WHILE THEIR CASES ARE PENDING AND MAY BE TESTED ON THE DATES THEIR CASES ARE SET IN COURT. THE INABILITY
TO PASS A DRUG TEST ON THE DATE THE CONTRACT IS TO BE SIGNED MAY CAUSE THE APPLICATION TO BE DENIED.

How Can I Get My Case Dismissed If I’m Guilty?

The way people are treated when they are arrested in Houston, Harris County, Texas leads them to believe that they are guilty until they can prove their own innocence, and could never get their case dismissed. Luckily, this is not the law in the criminal justice system despite beliefs to the contrary. Since most criminal cases do not go to trial, innovative ways need to be developed by a criminal
defense attorney to get a get case dismissed or prevent a person from
getting a permanent conviction on their record.

One of the main ways a person is able to prevent a conviction is by
obtaining a deferred adjudication. A deferred adjudication is a form of community supervision or probation that prevents a conviction from becoming final on a person’s record. Once a person successfully completes the deferred adjudication they may petition the court for a non-disclosure (sealing of the records). Some cases may be “sealed’ immediately while others have a waiting period. The downside of deferred adjudication is that the Government will also see the record even if it gets “sealed.”

An even better way to prevent a conviction on someone’s record is by
doing a Pretrial Diversion. A Pretrial Diversion is better than a deferred adjudication because it allows a person to expunge, clear, or destroy all records pertaining to the arrest. Most importantly, the Government will NEVER be able to see the arrest in the future. An example of a Pretrial Diversion is Astros Centerfielder, Jordan Schafer, who was arrested for
marijuana possession.