5 year deferred probation on Murder charge (innocent! no dna, evidence, witnesses, nothing) later sentenced to 50 years for violation of probation based on inability to pay fees, being within 200 feet of area, and unrelated case that was dropped. Appeal was mailed late and denied, hired lawyer to file writ and was denied, what is the next step in the process.
Criminal Defense Attorney
I notice that you have included rape in your subject list. I recommend that you forward your information to the Innocence Project. (http://www.innocenceproject.org) Now keep in mind that there is a difference between a lack of evidence and innocence. What hurts your case is most likely the plea of guilt that you entered to get the deferred adjudication probation. That admission of guilt, in an open court, is going to be considered as a true, and accurate plea of guilt. Attacking the plea is extremely difficult. But if you are truly innocent, and have access to evidence of such innocence which is beyond question, there is a possibility of a second writ in some very limited and outstanding circumstances.
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DUI / DWI Attorney
I think the Innocence Project is a good idea. The only other option is if your appellate attorney can find different grounds to file a new writ.
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Criminal Defense Attorney
Before you were place on deferred adjudication probation for murder, you had to plead guilty. By doing so, you waived most of your constitutional rights. At the time of your guilty plea the judge decided your plea was freely given, knowingly made, and voluntary. Your later adjudication of guilt was based on the papers you originally signed. Now that your writ was denied (in the trial court?), it will go up to the court of appeals for review.
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