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I got arrested for public intoxication and plead no contest. I want this off my record asap. There's a huge loop to this story,

Garland, TX |

I got arrested for public intoxication and plead no contest. I want this off my record asap. There's a huge loop to this story, while being arrested the charge was under my friends name and went through the entire time pretending to be her and was bailed with her name as well. My friend is well aware of this, i called her as soon as i got out. The only ID i had at the time was hers and i used it to go out because I'm under aged. Should i just continue the process in getting it expunged and going to court still pretending to be her? Or do i tell my bondsman the entire story. I only did this because i was very scared of getting into more trouble for being under aged.

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Attorney answers 4

Posted

If you pleaded no contest (also known as "nolo contendere"), then you won't be able to have this expunged. Period. End of story. However, you could be charged for a variety of crimes, including using your friend's identity...and your friend could get the PI charge expunged based on that fact. You seriously need to hire an attorney asap!

The above is for academic purposes and is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

Asker

Posted

well i haven't gone to court for it yet, when i got arrested for it they said guilty, not guilty, or no contest and i honestly had no idea to say so i said no contest. Can i change it to guilty when court comes up? My friend said she has no problem with me going along with saying I'm her as long as it's off her record! I just got out of jail today

Asker

Posted

I'm fully aware i could get into deep mess for using her identity. But is there anyway around this without getting into a heap of mess? I'm hiring a lawyer tomorrow, i would hire one right this minute but everything is closed.

Todd Gregory Lehn

Todd Gregory Lehn

Posted

No contest and guilty are more or less the same thing. The only difference is that a no contest plea can't be used against you later in a civil trial (i.e., if you were being sued for something stemming from the offense). There's no way for you to get around this, really. If your friend never brings it up then maybe nothing will happen. But do you honestly think your friend will be okay with a permanent conviction on her record just to keep you out of trouble? I wouldn't count on it!

Macy Michelle Jaggers

Macy Michelle Jaggers

Posted

If she pleads no contest and is placed of deferred, she can still expunge it because its a class C.

Todd Gregory Lehn

Todd Gregory Lehn

Posted

Yes, that's true. I was making the assumption, possibly in error, that it was a time-served or fine-only plea. If it was deferred disposition, then it could be expunged. Thanks, Macy, for making that clear!

Posted

When you hire your attorney tomorrow, they'll have to go in and try to reopen the case. It sounds like you got out because you got a conviction. You have to clean up this mess.

I intend this answer to be for general information only and it should not be substituted for advice from an experienced local lawyer who can investigate your situation fully. Contact information for all attorneys on Avvo can be found by clicking on their names.

Posted

Speak to a Texas Criminal Defense Attorney ASAP. Speak to no one about this until you have spoken with an attorney. Do not go to court and claim that you are somebody else. Do not post any more details here as this is a public forum,

Posted

This is unfortunately a bigger problem for your friend than you. She's the one that needs her name cleared. I can't tell what the status of your case is. Just because you entered a no contest plea, doesn't tell me the disposition. if you received deferred, the case can be expunged. If that's the case, I would just take responsibility by paying to clear her record. The bond company doesn't have anything to do with this. You need to consult a local attorney as soon as possible to sort out the disposition. They can advise you of your options from there.

Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Please consult an attorney who practices criminal law in your jurisdiction for the most accurate legal advice.

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