IT'S BEEN 10 MONTHS SINCE MY GUILTY PLEA (ENTERED UNDER ADVISEMENT OF MY ATTORNEY). CAN I FILE A MOTION TO WITHDRAW MY PLEA?

Asked over 1 year ago - Killeen, TX

THERE WAS PROOF THAT MY ACTIONS WERE SELF-DEFENSE. I FOUND OUT THAT MY ATTORNEY NEVER ENTERED IT INTO THE COURT. I HAD PHOTOS OF MY INJURIES AND HOSPITAL RECORDS. I SUFFER FROM PTSD/MST, ANXIETY, & DEPRESSION. I'VE NEVER BEEN IN TROUBLE & DON'T HAVE A RECORD, UNTIL NOW. MY ATTORNEY TOLD ME I WOULDN'T HAVE TO PAY THE $17,000 IN FEES AND AFTER ABOUT 2 YRS OF THE ADJUDICATED PROBATION, MY CASE WOULD BE DISMISSED AS IF I NEVER HAD ONE. I'M A DISABLED VET ON A FIXED INCOME, ATTORNEY KNEW THIS, I'VE FALLING BEHIND ON MY FEES AND DUE TO RECENT HEALTH ISSUES, I'VE FALLING BEHIND ON COMMUNITY SERVICE HOURS. BECAUSE OF THIS ON MY RECORD, IT'S EVEN HARDER TO FIND DECENT EMPLOYMENT. MY HOUSE IS EVEN HEADED INTO FORECLOSURE. WHAT, IF ANYTHING, CAN I DO??

Attorney answers (3)

  1. Macy Michelle Jaggers

    Pro

    Contributor Level 20

    5

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    Answered . No. Your only recourse at this point is to contact an appellate attorney about a writ of habeas corpus. Your attorney can't enter anything into evidence unless there is a trial. He can provide evidence to the DA as part of plea bargain negotiation, and the DA will decided what weight to give to the evidence. You may be able to get some of your probation requirements reduced or waived through the help of an attorney. Any defense attorney can file a motion to modify the terms and conditions of community supervision--that person doesn't have to be an appellate attorney. You might call around and find out what attorneys in your area would charge you. It may save you money in the long run.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more
  2. DaSean A. Jones

    Pro

    Contributor Level 9

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    Lawyer agrees

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    Answered . Sounds like you should hire an attorney. A modification would probably be the best course of a action.

    My responses provided on this site are not intended to create an attorney-client relationship. Furthermore,I... more
  3. Jonathan Neal Portner

    Pro

    Contributor Level 14

    2

    Lawyers agree

    Answered . No the guilty plea has been entered and all appeal time has run.Why not have the attorney seek modification of the probation?

    Jonathan N. Portner, Esquire, Portner & Shure, P.A. Maryland and Virginia Personal Injury Attorneys. This... more

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