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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20233
Experience:  Handling criminal and probation matters for over 14 years.
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In 1989 i plead no contest to aggravated sexual assault in

Customer Question

In 1989 i plead no contest to aggravated sexual assault in a plea aggrement with the state in 1994 ,95 and 96 the state introduced sex offender laws .upon my release in 2003 i was told that i fall up under these laws even thuogh they did not exist when i entered into the aggrement nor are they part of it .isnt this a violation of the constitution? can i file a injunction for relief?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 5 years ago.
Hi and thank you for using JustAnswer!

I am sorry to learn of your experience.

In Rodriguez v. State, 93 SW 3d 60 - Tex: Court of Criminal Appeals (2002), the Texas court ruled that retrospective application of Texas's sex offender registration statute to someone like yourself does NOT violate the Ex Post Facto Clauses of the United States and Texas Constitutions. U.S. Const. art. I, § 10; Tex. Const. art. I, § 16.

So, the answer to your question is that the Texas courts have already considered your question -- 10 years ago -- and said that it's legal/constitutional. You can read the Rodriguiez decision here: if you are interested in all of the case's factual and legal details.

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things.

If you have a follow-up question, please reply and ask it.

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