Comments | jcello: I think this is good news, but I need an interpreter

jcello

I think this is good news, but I need an interpreter

May 22, 2006 16:13

Trina from the Texas Court of Criminal Appeals got back with me and seems to think we have a case for expunction. It's kind of hard to say because I don't know what the statute of limitations IS on Felony Indecency With a Minor, and it's going to be all kinds of hell finding out all the information they need to do this ( Read more... )

Comments 6

thestickywicket May 22 2006, 21:28:19 UTC

Let me look at this for a minute...

thestickywicket May 22 2006, 21:52:56 UTC

Okay, I refreshed my memory and read slowly. ::g::

The boy didn't show up. His mother didn't show up. Only his behavior adjustment teacher did, to say what she'd been told. Meanwhile, half a dozen chaperones said that Larry had never been alone with the boy, and Larry's 50+ character witnesses turned up to testify in his behalf. The judge no-billed it, scolded the prosecutor, and Larry started teaching again.

I STILL don't get how this is coming up on his record. No-billed should mean dismissed charges, which makes it a legal nullity. And how they're penalizing him for a nullity ... it's crazymaking.

The trial court is supposed to set a hearing on the matter no sooner than 30 days after the ex parte petition is filed. The information contained in the petition is pretty self-explanatory, but I'm not sure if I'd try to take care of this pro se. However, if you decide to go that direction, you could call the district clerk's office to see if they have any "forms" for expunction.

I tend to agree with her, though this should be ( ... )

thestickywicket May 22 2006, 21:55:21 UTC

Oh, I forgot -- when you call the clerk's office, if there's no form available, ask if a letter containing all of the required information would be acceptable. It should be, and it's a lot less intimidating to try to write a brief explanatory letter than to try to figure out what a legal filing should look like. ::g::

gridlockjoe May 22 2006, 22:10:12 UTC

I am not a lawyer (but you knew that).

I agree that this should have been taken care of way back when.

My cursory reading of §12.01 of the Texas Code of Criminal Procedure indicates the SOL for indecency with a child is 10 years from the victim's 18th birthday.

jcello May 22 2006, 22:57:34 UTC

We're two years short. Crap.

loligo May 23 2006, 00:57:28 UTC

I really hope that this travesty of "justice" gets straightened out soon. How absolutely insane.