Austin, TX asked in Criminal Law for Texas

Q: I was convicted of sexual assault in 1986. I served the 10 YEAR SENTENCE including 4 additional years for a technical

violation. About 8 years of that was in sex offender counciling. In 2011 I was convicted of DWI and sentenced to 10 years. I got granted parole in 2016 and was put back on the sex offender caseload and am required to go to and pay for again the same sex offender counciling and sex offender caseload rules that I already complied with, in addition to DWI stipulations. How are they able to put me on a caseload and have me abide by rules of a crime and sentence I have already served? I was not offered probation for the DWI in 2011. I was threatened with habitual criminal enhancement if I did not take the plea bargain of 10 years. There was no deferred adjudication. Nor was there any probation or deferred ajudication in 1986 for the sexual assault. I was never given any notice or chance to be heard before the imposition of the S. O. caseload I was put on after being released on the DWI sentence in Aug. of 2016. I was told if I did not comply It would be a violation of parole.

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1 Lawyer Answer
William Barr
William Barr
  • Criminal Law Lawyer
  • Licensed in Texas

A: The highest criminal appellate court in Texas has indicated that if a parolee is required to comply with sex offender conditions of parole, the first question is whether the parolee has been previously convicted or adjudicated of a sex offense. "If he has not been previously convicted or adjudicated of a sex offense, the affidavit shall state why such conditions are deemed appropriate and whether Applicant was provided with notice and an opportunity to be heard before the imposition of such conditions of parole.”

Your question did not indicate whether you successfully completed your probation before going to prison on your dwi, whether you were on regular probation or deferred adjudication for the sex assault case, and whether you were "provided with notice and an opportunity to be heard before the imposition of such conditions of parole." Without answers to those questions, it's not possible to answer your question.

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