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

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?

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Attorney answers 3

Posted

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.

Asker

Posted

Do you suggest an experienced lawyer will be able to help?

Ethan Patrick Meaney

Ethan Patrick Meaney

Posted

Its a long shot but it really is your only hope of withdrawing guilty plea.

Posted

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) 606-7886 Fax: (830) 627-2890 The information contained in and transmitted with this e-mail is: 1) Subject to the Attorney-Client Privilege; 2) Attorney Work Product; or 3) Confidential It is intended only for the individual or entity designated above. Any distribution, copying, use of, or reliance upon the information contained in and transmitted with this facsimile by or to anyone other than the recipient designated above by the sender is unauthorized and strictly prohibited. If you have received this e-mail in error, please notify Martin Zimmerman, P.C. by telephone

Posted

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.