My son has completed his mandatory therapy, has been on probation for over two years, and he is now eligible to return to Texas in the care of my parents for the transition phase of his therapy. I was told that he has to register in the state of Texas, even though the offending state justice system decided he was not a danger to society and does not need registering. Why is it mandatory in the state of Texas to register when the crime was not committed in Texas? How do I go about petitioning the court, and finding a public defender to do the petitioning?
Criminal Defense Attorney
The Texas Legislature has set up the requirements for registration of sex offenders. Yes, a person who moves in from another state with a conviction for an offense similar to a Texas offense that requires registration will be required to register as a sex offender in Texas. There is an early termination of the requirement to register IN CERTAIN CASES. A petition will need to be filed with the court for early termination of sex offender registration. You will not be entitled to have a public defender appointed to handle such a matter as it is considered civil in nature. You are only entitled to a public defender if you are facing jail or prison time in connection with an offense.
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DUI / DWI Attorney
He must follow the laws of the State of Texas if he wants to live in Texas. If he does not register here, he will be charged with a felony. While he's in jail, he'll get a public defender. If he wants to see explore whether he's eligible to remove the restriction, he needs to hire a Texas lawyer to look into it and potentially file a motion with a district court here (after he's moved here and registered).
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2 lawyers agree
Criminal Defense Attorney
Texas has much stricter laws than many states, especially as regards to sex offenders. The laws of the state in which he lives applies so if he must register acccording to Texas law, he better register or he WILL find himself charged - especially in Harris County.
He is NOT entitled to an appoint lawyer to deregister. He will have to hire a lawyer if he qualifies.