Can somepne appeal a decision thats been made in a case if the following is presented before the judge?

My boyfriend was recently on trial D defense attorney never consulted with until the day he saw the ch judge. his court appointed lawyer knew nothing of the case and I informed him I would be a witness. He explained that it would not work because since I care about the accussed I would do anything to help.. even lie he said. I spoke to the judge before the noon break and informed him Ivwanted to speak about the improper defense of my bf.. He told me to come back at 130. When I arrived hhe judge was not in the court and my bf was signing a plea. i told the prosecutor i eanted to talj to judge and he was going to hear my concerns. She informed me that the judge was not there to hear from me.. I was needed to be witness of my bf pleaing. I left because I was crying nd hysterical. My b

Corpus Christi, TX -

Attorney Answers (2)

Eric Richard Little

Eric Richard Little

Family Law Attorney - Bacliff, TX
Answered

While your concerns are understandable, the decision to take a plea was ultimately your boyfriend's. He was the defendant and client in that case. You have not shared what the charge was, what his possible defense was, or what he had to say about the trial and/or his plea. When a defendant enters a plea of guilty or no contest, the judge and the attorneys will routine establish his testimony on the record, verifying that he has had the opportunity to consider his options, that he understands what he is getting into, that he has consulted with his attorney regarding the plea, that he is satisfied with his counsel's performance, and that no one has threatened or coerced him into the deal. This testimony usually wipes out most avenues for attacking the conviction post-sentencing. Also, in most plea bargains, the defendant waives the right of appeal.

This is just a general observation about plea bargains. There are no important details from your boyfriend's case that might enable someone to form an opinion about whether there is a basis for appeal or other procedure to overturn the conviction. My suggestion would be for your boyfriend to post a question here--if he is able to get to a computer. If he is currently incarcerated, I am sorry that this situation is causing you such pain.

The information provided by this attorney is for general guidance only, and is not to be considered as advice... more
Timothy A. Provis

Timothy A. Provis

Appeals Lawyer - Port Washington, WI
Answered

Dear ?,

You apparently don't, and didn't, understand who the parties to this case were. Since you were not charged with any crime, you were not a party to the case and your concerns have nothing to do with the law of the matter. First, your bf's lawyer had no obligation to speak to you at all. He did so only to find out if you could be a witness. He clearly decided you could not.
As for the judge, he also had no obligation to speak to you, since you were not a party to the case.
So, the manner in which you were treated, though perhaps not as courteous as it might have been, does not amount to any grounds for an appeal.
But, this does not mean your bf does not have a ground for appeal. He needs to have counsel appointed for his appeal. You can find out about this process by contacting the Texas Indigent Defense Commission:



Email:
FairDefense@courts.state.tx.us
In your e-mail please indicate your name, address, phone number, and question.
Telephone number:
512.936.6994
Toll free in Texas:
866.499.0656
Fax number:
512.463-5724
Mailing and physical address:
209 West 14th Street, Room 202, Austin, Texas 78701

Yours sincerely,
Tim Provis
Cal. Bar No. 104800
Wis. Bar No. 1020123
Member: U.S. Supreme Court

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