Change plea from guilty to not guilty in texas--Public Intoxication

Asked over 1 year ago - Houston, TX

I was arrested about two years ago for a class C misdemeanor Public Intoxication. None of my rights were read to me or was advised about my options to plea. I was outside a bar when a security guard asked me to leave ignoring the fact that I was in a humble conversation with a person at that time. He asked me a few times to leave. I told him not to interrupt. After that he went ahead and informed the police officer about this. Yes! just this. The police approached me and conducted the arrest. I was taken to jail that night. Following everybody else, unaware of the consequences I was, I plead guilty during the video conference with the Judge inside the prison. I am really concerned about this incident. I would like to know if I will be able to contest this charge and get it dismissed?

Attorney answers (3)

  1. Martin Ben Zimmerman

    Contributor Level 11


    Lawyers agree

    Answered . If all of the events you are describing occurred more than two (2) years ago, then it is way, way to late to change anything about what happened.

    In Texas for Class B misdemeanors and above, the defendant in a criminal trial has at most 30 days to perfect any appeal of a guilty verdict or other finding of guilt, unless as part of any plea bargain agreement, the Defendant knowingly and intellegently waived his or her right to file any motion for new trial, in which case there would be no right of appeal.

    For Class C misdemeanor offenses such as public intoxication in the JP or municipal courts, the deadline to file any motion for new trial is ten (10) days due to the lack of incarseration as an available punishment option.
    Good luck,
    Martin Zimmerman

    Martin Zimmerman, P.C. 189 E. San Antonio St. P.O. Box 310704 New Braunfels, Texas 78131-0704 Tel: (830) 606-... more
  2. Derek Anthony Patrin


    Contributor Level 19


    Lawyers agree

    Answered . Situations like this are good illustrations of why it is advisable to retain or at least consult with an attorney whenever an individual is dealing with the unfamiliar territory of the court system. It sounds like your ability to reverse your plea is gone, but maybe an expungement is an option? Contact some local attorneys from this website and explore that possibility too.

  3. Ethan Patrick Meaney


    Contributor Level 20


    Lawyers agree


    Answered . If you pled guilty already it will be difficult to withdraw that plea. I suggest you contact an attorney. If you want to find one in your area here on AVVO you can select "Find a Lawyer" at the top of the page. Good luck.

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