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

Corpus Christi, TX |

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

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Attorney answers 2

Posted

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 specific to any particular person, legal matter, or case. For specific advice regarding any legal question or matter, you are encouraged to consult a qualified attorney in the appropriate jurisdiction. If you wish to consult with Mr. Little regarding your legal matter, you may contact him at (888) 404-0777.

Asker

Posted

Thank you for responding. The case is like this. Was in a car acvident Xmas AM. The other vehicle struck my SUV. afyer the collision me my nf and my sister ecitef the vehicle and as luck or not would habe it cops right thete within 1 min. They were parked across street. The police came nd questioned and got names etc for about an hour. When it was all over one officer reached into the sidewalk and the grass where he temoved a black velvety looking pouch.. he goes outta site then returns claiming ghete was 15 bags of cocaine or something in tbe pouch. They tild my bf it wad his. I was within reach.. actually even closer and so was my sister and a whole lotta ppl. on scene. They prosecution claims that 2 cops will testify that thry saw him putbit there ( shouldnt they have worried about that.on beginning?)... they cannot place the drugs on the vehicle or anyone.. they never evwn searvhed me or my sister afyer this.. just focused on him.. atost i say they have constructive possession.. but if pissession is 9/10 the law.. i believe the dope belongs to yo the city.. well to add on this the car that hit us wecwere told had no ibsuramce. i had a 2004 suv fully paid off with liability.. the cops.. according to later what was the insurance adjuster.. hid it grom ghen til mid march that there wee multiple small policies ob their vehicle.. so the insurance cimpany. when i finally got in touch wigh them gave me 2 gays of pain and suffering claiming it was the citys fault the police force covered it up and did not disclose that yo me..

Posted

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

Asker

Posted

Yes i didnt mention that first.. he asked to see his court appointed lawyer several times.. he never showed til that day.. he came to me and asked me to quickly summarize the case.. Hebthen showed me a envelope with the deal the prosecution eas offering. my boyfriend and i wete going to fight this as i think it is a pretty cut and dry case.. He pressured my bf.. and this is what my bf says happened to him.. they put him in a small closet. it was noon and he had been thete all morning and never had breakfast or anything.. he daid it was almost like torture.. they told him that if he would pmea to this a seperate and even dumber case in another county woukf both run as concuttent probation. they told him he would be out in less than 2 weeks if he cooperated. he did so and spent anotet 4 months there. the assistant davtaljed to me also since he wanted my opinion on it i told her i wanted to fight it.. she tild me that if that would happen 2 decorated officers would testify that they saw him cone out of suv with it. i tokd her if sge wanted those cops careers marred with perjury to go ahead. i expkaibed that tge police would have went for that pouch.. if they saw him with it.. almost automatically as they already had me under suspicion of dui.. which i wasnt. jyst havingan anxiety attack.. and it woukd not have come up after an hourbof getting statements and so on. i also mentioned that the police were literally right on us when we were hit. the spot that they designated us to go was occupied by the ppk of ghe other car but told to move by 3 policemen.. so .. 2 policemen also saw the accident and made sure to point out tgat it was the othef cqrs fault.. they had ran a stop sign..