|
Immediate
Jail Release
Call Now
512-494-8506 |
|
POLICE-INDUCED
"WAIVERS" PROHIBITED:
A peace officer who seizes property may not induce any person to
execute a document purporting to waive the person’s interest
in the property.
OUT-OF-STATE
AND FEDERALLY-OBTAINED CONFESSIONS:
A written, oral, or sign language statement of an accused made
as a result of a custodial interrogation is admissible against
the accused in a criminal proceeding in this state if: the
statement was obtained in another state and was obtained in
compliance with the laws of that state or this state, or if the
statement was obtained by a federal law enforcement officer in
this state or another state and was obtained in compliance with
the laws of the United States.
TESTIMONY
OF UNDERCOVER DRUG OPERATIVES:
The new law provides that a conviction cannot be had on the
testimony of a person acting covertly on behalf of a law
enforcement agency or under the color of law enforcement unless
there is appropriate corroborating evidence. Corroboration is
not sufficient if the corroboration only shows the commission of
the offense.
UNCORROBORATED
TESTIMONY IN SEXUAL ASSAULT CASES:
A conviction for sexual assault or aggravated sexual assault is
supportable on the uncorroborated testimony of the victim if the
victim informed any person, other than the defendant, of the
alleged offense within one year after the date on which the
offense is alleged
to have occurred. In some cases, victims who by reason of age or
physical or mental disease, defect, or injury are incapable of
caring for themselves may be unable to report an alleged crime
to another person. The new law exempts a person age 17 or
younger, age 65 or older, or a person age 18 or older who by
reason of age or physical or mental disease, defect, or injury
was substantially unable to satisfy the person's need for food,
shelter, medical care, or protection from harm from the
requirements that the victim inform another person of sexual
assault or aggravated sexual assault within one year so that a
conviction for such an offense is supportable on the
uncorroborated testimony of the victim.
|
STATUTES OF
LIMITATIONS:
There is now no statute of limitations for a sexual assault where during the investigation of the offense biological matter was collected and subjected to forensic DNA testing and the testing results show that the biological matter does not match the victim or any other person whose identity is readily ascertained.
No statute of limitations for a sexual assault for leaving the scene of an accident, if the accident resulted in the death of a person.
A 10-year statute of limitations for First Degree injury to a child, elderly individual, or disabled individual.
Under some circumstances, a person who has been arrested for commission of either a felony or misdemeanor is entitled to have all records and files relating to the arrest expunged if the indictment or information has been dismissed or quashed.
TESTIMONY OF
CHILDREN:
Children younger than 13 years of age may testify outside the presence of the accused in hearings and prosecutions for murder, capital murder, manslaughter, aggravated kidnapping, and aggravated robbery.
SEX OFFENDERS
SEX OFFENDER REGISTRATION:
If a person is convicted of a sex offense and has had a prior sex offense conviction, the sex offender registration requirements are increased for life.
SEX OFFENDER REGISTRATION
EXEMPTION:
A sex offender may seek an exemption from registration if he has only a single reportable conviction or adjudication and the court finds that at the time of the offense, the defendant was between 13 and 19 years old and the conviction is based solely on the ages of the defendant and the victim. Sex offenders who receive probation must give a sample of their DNA to the Department
of Public Safety.
|
 |
|
David B. Frank
Attorney And Counselor At Law
The Penthouse Condominiums
1212 Guadalupe Street, Suite 103
Austin, Texas 78701
Tel. 512-499-0969
Fax. 512-499-8220 |
Reproduction of any material on this site without written
permission is strictly prohibited.
© Copyright
2002-2011 David Frank, Attorney at Law. All Rights Reserved. |
|
