QUESTION

Waived my right to appeal with plea bargain but still feel my case should be heard or possibility of civil suit against police

Asked on Oct 19th, 2015 on Criminal Law - Texas
More details to this question:
I was charged with assault family violence strangulation for grabbing gfs neck when she attacked me in my vehicle that was in full motion (75mph) on an icy road. She was also intoxicated under the legal age. Upon arrival of my home I informed her she was to leave peacefully yet she still insisted on physical and verbal altercation and refused to leave where she was not allowed. She was on probation for assault and was not allowed in my home where my name is on the lease. I then called the police to have her removed. When she saw this she left my apt and sat outside when the police arrived and gave them a story that was half true. She admitted to striking me initially which is also in the police report yet the police arrested me for the hickey sized bruise on her neck. I lost my home my vehicle and job due to this and was also unallowed to return to my apt for 30 days because of court order however she is not on apt lease. Now I'm on probation after 2 mos total of jail time.
Report Abuse

1 ANSWER

In my opinion, your best bet is to consult with an attorney about the potential for success if you file and pursue a writ of habeas corpus. Typically, these cases will involve two fees: (1) a fee to pay for an investigation into the case to determine whether a colorable issue exists that would support the filing of a writ; and (2) the fee for the writ and the hearing. There are some additional steps in the process if you choose to appeal it further up the appellate ladder. It's an expensive remedy to pursue, but it's probably your only option at this point, in my opinion.
Answered on Oct 26th, 2015 at 12:48 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters