Comments on: The impossible defense http://apublicdefender.com/2007/11/07/the-impossible-defense/ Tue, 24 Jan 2012 02:29:56 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: TexPD4Parity http://apublicdefender.com/2007/11/07/the-impossible-defense/comment-page-1/#comment-8324 TexPD4Parity Wed, 14 Nov 2007 13:27:33 +0000 http://apublicdefender.com/2007/11/07/the-impossible-defense/#comment-8324 In Texas, "on or about" can be anytime between the filing of the charge as far back as the statute of limitations allows. Texas law doesn't allow for a bill of particulars. It's worse in juvenile law where courts have held the State doesn't even have to plead the same specificity as in adult cases. I hate sex cases. Not only does the state have the leverage of possible SO registration, but here prosecutors can refer certain cases to the grand jury and jack the punishment range on a juvenile delinquency charge up to as much as 40 years for a first degree felony. In Texas, “on or about” can be anytime between the filing of the charge as far back as the statute of limitations allows. Texas law doesn’t allow for a bill of particulars. It’s worse in juvenile law where courts have held the State doesn’t even have to plead the same specificity as in adult cases.

I hate sex cases. Not only does the state have the leverage of possible SO registration, but here prosecutors can refer certain cases to the grand jury and jack the punishment range on a juvenile delinquency charge up to as much as 40 years for a first degree felony.

]]> By: E. McPan http://apublicdefender.com/2007/11/07/the-impossible-defense/comment-page-1/#comment-7903 E. McPan Thu, 08 Nov 2007 01:22:53 +0000 http://apublicdefender.com/2007/11/07/the-impossible-defense/#comment-7903 Here, it's usually charged as "On or about December 1, 2005, defendant [insert allegations of sexual abuse]" etc. While that may seem to solve the problem, "on or about" has been read pretty broadly. I don't know that there's been an upper limit established on how far "on or about" can go. Here, it’s usually charged as “On or about December 1, 2005, defendant [insert allegations of sexual abuse]” etc. While that may seem to solve the problem, “on or about” has been read pretty broadly. I don’t know that there’s been an upper limit established on how far “on or about” can go.

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