Can I ask to have my criminal case, class B theft misemeanor reopened after 7 years?

Asked over 1 year ago - San Antonio, TX

I was charged for class B misdemeanor for theft in 2006. I went on trial with nolo contest. Final,I have defered probation and after that the case was dimised. I did not understand Eghlish very well back then (just come to Us 8 months). I was told by the public attorney to just plea guilty then I should be fine. I did not know that I should have pretrial divesion instead of defered probation since I wanna have that record expungled. I have my 4 years degree in psychology now and would like to be a psychologist in the future. It was my first time ever being charged. My question is: can I have my case reopened ( due to the fact that I did not undestand English and didnt have translator) to have it overturned or at least disregared previous trial and have pretrial deversion this time?

Attorney answers (3)

  1. Mark Dominic Grosso

    Contributor Level 8

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    Answered . Generally, plea bargains also include a stipulation that you're waiving your right to appeal, however, if you truly did not understand and the plea is involuntary (particularly if you did not have or were not offered a translator), you may have an outside chance. That said, Deferred Adjudication isn't a right, it's merely an offer by the State that you can reject and Pre-Trial Diversion is never a guarantee (it's also at the State's discretion), so it's uncertain whether you would have qualified. Further, if you truly received Deferred Adjudication, then you should have the option for a Motion for Non Disclosure of your record (which should show that your case has been dismissed). You need to determine if your case has been dismissed (through Deferred Adjudication) or if you were convicted (with a probated sentence). Talk to a lawyer in your area who is familiar with these procedures and who has appellate experience.

  2. Joseph Francis Vinas

    Contributor Level 12

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    Answered . You may be able to attack the conviction via a post conviction writ based on your plea being involuntarily made. You should contact a lawyer who handles those types of cases.

    Joseph Vinas answers questions on Avvo for general information and not as legal advice. Those answers do not... more
  3. David Christopher Hardaway

    Contributor Level 10

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    Answered . You might be able to file a writ of habeas corpus either alleging that the plea was entered into involuntarily, or perhaps you could make an argument that you received ineffective assistance of counsel. Of course, the other issue is whether or not you still have a remedy after your term of deferred adjudication has ended and your liberty isn't restrained by probation any longer. I think it might be a longshot, but I think it might at least be worth looking into.

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