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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 27196
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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Back in 2010 I was sentenced to serve 2 years of probation i

Customer Question

Back in 2010 I was sentenced to serve 2 years of probation i finished and was released April 9th, 2012. I was guilty of distribution of a controlled substance and sexual exploitation of a minor. This all happened when my family and I were living in Brandon South Dakota. My mom had my probation transferred to Kaufman, Texas. So as soon as my mom and i arrived in kaufman Texas we immediately went to check in with my new probation officer. when we got into my probation officers office she asked us if we went to the sherffs office and registered already my mother and I were really confused didn't have any clue what she was talking about. Then she explained to us I have to register as a sex offender or id violate my probation and ill be put back in jail. The question i have is no where in my court papers did it mention anything about me having to register. I want to know if I can do anything to get myself off of the registry, and I need to know if it was legal for them to just change the stipulations already set in my court papers?
Submitted: 3 months ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 3 months ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

The registration requirement is part of Texas state law, not South Dakota, so it's not something that could have been included in your court papers. Anyone who wants to move into Texas is expected to research and comply with relevant laws in advance. What Texas law says is that a person who is required to register must do so within 7 days of moving into Texas and must update address information within 7 days of moving into Texas. Tex. Code Crim. P., Section 62.053. There's a long list of offenses that require a person to register in that statute, and a person who was convicted in another state has to register in Texas even if the other state didn't require it.

One of the requirements of probation is usually "obey all laws," and so failing to register would be considered a violation of probation because it's also a violation of Texas law. Unfortunately, that means it was legal for them to require you to register.

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Expert:  Lucy, Esq. replied 2 months ago.

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