QUESTION
can a the lawyer, that originally handled my case, go back to a judge to reevaluate the case to uplift some stipulations that were put in place
Asked on Jan 22nd, 2014 on Criminal Law - Texas
More details to this question:
I hired a lawyer many years ago to represent me. At the initial consultation he just had me sum up my statement and took my case and stated that I, nor the others involved, should speak to anyone and I did not. I never felt he thouroughly got all the facts but just kept telling me he was taking care of it. I never saw anything from him from the other party. The other party provided me w/a statement in a threat and I brought to my lawyer and again I was brushed off. Fast forward, I never understood why my case had the outcome that it did and why the judge made certain comments to me. Now time has past and I am finding it even harder to continue to work. I looked into expundgement once I learned of this option. I had to pull all the papers regarding my case and found so many disturbing infomation and it also provided me w/answers. That lawyer tricked me in to signing papers that I was not aware that they were and instead he told me diffently. I do not qualify for expundgement either caus
1 ANSWER
Assault Attorney serving Richardson, TX
2 Awards
What you describe sounds like malpractice. If so and if you are on deferred adjudication, you may be able to file a habeas corpus writ to set aside the judgment and reopen the case. Obviously you need a new lawyer to look at the paperwork and evaluate the chance of success. There may be other options available to modify the terms of probation or get a "judicial pardon" ( a section 20 discharge) if you received a straight probation. I have handled several similar writs and can tell you that the procedure is somewhat slow and can be expensive because there will be two trials, the first to determine if the writ will be granted and the second to try the case if a new plea cannot be worked out. It is quite a bit of work but may well be worth the cost and effort.
Answered on Jan 22nd, 2014 at 4:01 PM