Re:In Jail Without a Lawyer: How a Texas Town Fails Poor Def...
by shkkmo on Wednesday March 26, 2025 @10:26AM
(#43482633)
Being put on the sex offender registry happens after conviction. The comment you are responding to is talking about how unconvictable trumped up charges are used to scare people into taking pleas so your challenge doesn't make sense in context.
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Re:In Jail Without a Lawyer: How a Texas Town Fails Poor Def...
by rafram on Wednesday March 26, 2025 @11:14AM
(#43483144)
OK, I would challenge you to find a single case, reported in the media, in which a defendant took a plea deal rather than face charges that included mandatory sex offender registration for nothing more than public urination. If that has ever happened, surely it would've been reported on at least once, right?
Re:In Jail Without a Lawyer: How a Texas Town Fails Poor Def...
by throwaway17_17 on Wednesday March 26, 2025 @12:05PM
(#43483692)
I am uniquely qualified to respond to your question in that over my career I have represented 4,000+ criminal defendants. It is incredibly common for defendants to take lower charges to avoid consequences. This is nearly uniformly true for sex offenses which require registration. While obviously not able to use individual client names, I can guarantee I have personally represented hundreds of defendants who pled to a felony obscenity charge to avoid to avoid registration as a sex offender.
Re:In Jail Without a Lawyer: How a Texas Town Fails Poor Def...
by rafram on Wednesday March 26, 2025 @12:12PM
(#43483750)
And were any of those for public urination alone, without any obscene intent at all? Just a guy peeing in the bushes because he can't find a bathroom?
Re:In Jail Without a Lawyer: How a Texas Town Fails Poor Def...
by throwaway17_17 on Wednesday March 26, 2025 @12:47PM
(#43484148)
My response was to the question about defendants pleading out to a lesser charges to avoid felonies. But, I have pled several defendants to charges based on public urination, both guilty as charged (typically to avoid a Habitual Offender enhancement) and to misdemeanor charges. In my state, Obscenity (which public urination is considered) is not a registration requiring offense, but it is in several other states, like Texas for example.