Legal Question in Criminal Law in Texas

Parole Question

My friend is on parole for two years.He pleaed quilty to an assault charge he was not quilty of, because it would then be a misdeamaner, and he could get out of jail.The charge was from an an aldult.No sexual charge was included. Now on parole they had him take a lie detector test, and are making him go to a sex offender class. He has never been convicted of any sex offense.

Question: What can we do about this.He is very upset. and so are we. Friends and family.This was not one of the requirements of his parole.


Asked on 8/31/00, 2:38 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Parole Question

Fundamentally one cannot be required to do something which is not a direct or indirect condition of parole. Counseling and attending classes at the instance of the PO, however, is very often a condition of release on parole.

Also, it sounds as though the underlying assault charge was sexually based even though the final plea did not end up that way, and if this is so then the PO can take the surrounding facts of the conviction into account whether or not it was ultimately charged.

It does no good to claim innocence after a plea such as this has been entered, as it will fall upon deaf ears.

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Answered on 10/03/00, 10:31 am


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