I am on deferred adjudication for the crime of assault on a public servant with bodily injury in Harris County TX. The report from my probable cause hearing differs from the report read in court. Probable cause stated that I struck an officer with my hand as he/she was attempting to search me. In the main court the report says that in processing, I 1-threw a shoe at someone and 2- grabbed a female officer by the hair, pulled her to the ground and struck her multiple times in the face injuring her that way. The officer who (supposedly) arrested me frequents a certain restaurant relayed the story as me throwing a shoe and being arrested for spitting on an officer. I know, the charge is the same no matter which so I'm not arguing THAT point. I just want to know if it makes any positive difference if I wanted to pursue a change for my record?
Nope, will not make any difference if the affidavit for arrest relays part of the story and the police report relays the rest of the story.
If you were not guilty of the offense as charged, you should have demanded a trial and not pled guilty. You can hire a lawyer to do a post conviction habeas investigation to determine if there are any constitutional issues / actual innocence that could be raised to reverse your case. If this happens, your case will be returned to trial court for further action.
You can get with your attorney to go over the documentation in detail to see if it will make a difference. But the issue is -- whether you are guilty of the offense to which you pled. I agree with Cynthia.
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