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    beachboy72's Avatar
    beachboy72 Posts: 1, Reputation: 1
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    #1

    Oct 5, 2009, 07:34 AM
    Past criminal records.
    If a person with a past criminal record of sexual assault, possession of a controlled substance, burgulary and being on the national register of sex offenders with a past charge of 3rd degree failure to register as a sex offender regulations and was also incarcerated at one time for another felony charge is brought to trial and charged with another sexual assault - can this sex offender's past criminal record be mentioned in their newest trial for sexual assault?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Oct 5, 2009, 07:48 AM

    The sex registry part can - I don't know if the other charges are relevant.

    A lot will depend on the skills of the defense attorney.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Oct 5, 2009, 08:06 AM
    Quote Originally Posted by beachboy72 View Post
    If a person with a past criminal record of sexual assault, possession of a controlled substance, burgulary and being on the national register of sex offenders with a past charge of 3rd degree failure to register as a sex offender regulations and was also incarcerated at one time for another felony charge is brought to trial and charged with another sexual assault - can this sex offender's past criminal record be mentioned in their newest trial for sexual assault?
    Hello beach:

    During the guilt or innocence phase of the trial, your previous record CANNOT be mentioned or it will be a mistrial...

    If you're found guilty, during the sentencing phase, your entire criminal history will be revealed.

    excon
    txreb's Avatar
    txreb Posts: 4, Reputation: 1
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    #4

    Oct 14, 2009, 07:38 PM

    If you get on the stand to testify for yourself in Tx. The D.A. will have the privaelage to bring up your record to introduce your past. If you do not get on the stand the D. A. does not have that privelage: from defendant experince 1983 of attempt to murder and burg of hab two charges one trial 6 days not guilty
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #5

    Oct 15, 2009, 07:42 AM

    During the sentencing phase the judge has privy to this information and the person is assessed by way of a point system for prior criminal convictions.
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