James Warner Huggler Jr.'s Answers

Should we proceed with a Second Writ (New evidence of PTSD diognosis after 1st writ) or should we appeal?

You are dealing with two fairly complex areas of law. Post-conviction writ of habeas corpus work is very technical, and you need to retain the services of an attorney experienced in this area. In many cases, a second or subsequent writ will be denied by the Court of Criminal Appeals. There are limited circumstances when a subsequent writ can be successfully presented, newly discovered evidence is one of those areas. Whether you choose to pursue a subsequent writ depends in large part on the...

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Can I have a 'real' hearing' on MRP, or does my attorney have to plea bargain?

Since this is a state jail felony, there are a number of options open betwewen you, your attorney and the prosecutor. In Texas, an agreement reached between the state and defense is not binding on the court. The court can do just about anything from imposing a maximum sentence to allowing you to remain on probation. A variety of factors enter into this equation, including the facts of the original charge, the allegation in the motion to revoke and the personality/practices of the prosecutor...

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I am Bipolar/ Schizo Affective. I want to clear my name from a felony conviction.

The Texas legislature has consistently made it harder and harder for citizens to "clear" their record of criminal charges. It sounds as if you entered a plea of guilty and were sentenced. If your sentence resulted in either a probated sentence or a regular sentence of either jail or prison time, then you would not be able to receive an expunction. If the agreement resulted in a deferred adjudication, you may be able to have those records nondisclosed, but when that can occur will depend on...

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How can I find out before MRP if my son's mental health issues were brought to the judge's attention in previous plea bargains?

The court may not have been notified of your son's mental health issues, although if it was included, it was probably in a pre-sentence investigation, which are not accessible to you. Ask the previous attorney if the records were provided to the prosecutor and the court. That may have been the reason he received a deferred adjudication. In revocations there are no plea agreements, that being said, in many cases the state and defense can agree on a recommendation to make to the court, and...

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What does a no bill on a felony do to your record? Am I a felon or is that not on my record?

I agree with Mr. Ball, you need to speak with an attorney to seek an expunction of the arrest. Hopefully, the District Attorney's Office submitted the proper data to the Texas Department of Public Safety - Crime Records Division to notify them the grand jury declined to indict. However, many prosecutor's offices may not have the time, training or inclination to follow up on this important detail. You can obtain a copy of your criminal record from the Texas Department of Public Safety through...