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Can i sue in texas for wrongful conviction?

Texas |
Filed under: Criminal defense

Deferred Adj. probation was accepted only because the defendant was scared because the plantiff worked for the courthouse. There was no solid evidence leading to conviction, but the defendent was told that if they didnot take probation they would be sentenced to prison. So the defendent is off probation and ready to persue this matter. it has not been 2 years yet since sentenced. Can the defendent sue the state of tx for wrongful conviction the charges were fraud. and how long does the defendent have to wait to get this off their r ecord. someone please help

Attorney Answers 1


In my opinion, if you attempted to file a suit against the county that arrested and charged you for wrongful arrest, your case would be dismissed because the record currently show that you plead no contest and received deferred adjudication. For you to ever succeed on this kind of civil action, you would first have to file a writ of habeas corpus and be successful in getting the deferred adjudication thrown out on some legally recognized basis.

In the event you were able to do that, you would then have to be found not guilty (or possibly have the case dismissed for lack of probable cause). At that point, you may able to take some action against the county, but it would be a very difficult to prevail.

Both these cases would require you to pay an attorney up front (or find an attorney who would agree to do all this work for free) and would be fairly expensive to do. The first thing you need to do is find a lawyer that does criminal appeals and post-conviction writs. Most do free consultations and would be able to give you a better idea about what your chances of success are and how much this process will cost. Good luck.

Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.

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