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Nate
Nate, Lawyer
Category: Criminal Law
Satisfied Customers: 10686
Experience:  Over 10 years of criminal defense practice.
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Is there a procedure to request a review and possible change

Customer Question

Is there a procedure to request a review and possible change to sex offender risk level status in Texas?
Thanks.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Nate replied 6 years ago.

Thank you for your question. I will be happy to assist you.

 

Was the conviction in Texas? If so, what was the crime of conviction?

Customer: replied 6 years ago.
in Texas.
solicitation of a minor

It was internet sting set up. The minor was a police officer.
Expert:  Nate replied 6 years ago.
It should be rather low, then. Are you Level 1, 2 or 3?
Customer: replied 6 years ago.
That is the problem. They put him in the high risk category. They used the static 99. I had some experts who disagreed and had professional data to support, but the judge went with the probation assessment. He was at the lowest level of high risk, and I understand that the range for high risk has changed, so his score, even if it had been accurate, would not put him in the high risk category.
Expert:  Nate replied 6 years ago.

How many days ago did the judge make that determination?

Customer: replied 6 years ago.
It was 3 1/2 years ago.
Expert:  Nate replied 6 years ago.
Okay. You need to petition the court to review the risk rating once again, presenting your expert proof (again). If the judge denies your request, you can appeal it to the court of criminal appeals. It sounds to me like this particular judge did not follow the law the first time around.