Your stepson only has two options: (1) petition the Governor for a pardon (which is exceedingly unlikely); or (2) lodge a collateral attack against the conviction through habeas corpus. The second option is still an uphill battle. A habeas challenge puts the burden on your stepson to prove that the proceeding leading to his guilty plea suffered from a constitutional infirmity. It most typically challenges the prior lawyer's performance, but there are other possible claims as well. Only a lawyer skilled in habeas litigation will be able to properly investigate the case and tell you the chances of success. Most good habeas attorneys, my firm included, charge one fee to investigate the case and a second fee to actually litigate it back in court (assuming the investigation reveals evidence to support a claim(s)).
*** The fact that you solicited advice over a public forum waives any attorney-client privilege thus far. In addition, communications over this forum do not create any attorney-client relationship. To have a privileged conversation and/or establish an attorney-client relationship, contact me using the following information: Peyton Z. Peebles III Capitaine, Shellist, Peebles & McAlister, LLP, 713-715-4500 (office) 713-715-4500 (cell) Peebles@TexasLegalTeam.net www.TexasLegalTeam.net
The only two options are extreme and rare. He can seek to have the case overturned on a writ of habeas corpus, or he can try to get a pardon.
Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at www.macyjaggers.com for more information about her services and recent victories.
A deferred adjudication probation for assault family violence is not eligible to sealed in Texas. The only two options are very rarely successful. He can seek to have the case overturned on a writ of habeas corpus or he can try to get a pardon from the Governor of Texas..
Notice: The information contained herein is intended as general legal information and does not create an attorney-client relationship and is not governed by confidentiality rules. This general legal information is not a substitute for seeking the direct advice of legal counsel.
You need to consult with a appellate attorney on this issue. Oddly, enough I know several in the Houston area since I was a prosecutor with the Harris County District Attorney's Office for over six years. The person that I generally recommend is the person who posted first on this question. Contact Mr. Peebles is you want further advice with this question.
Answering this question does not create an attorney-client relationship. Legal advice has not been given. Also, this question and answer is posted on a public forum and therefore any attorney-privilege is waived.
Criminal defense Crimes against persons Criminal charges for assault and battery Domestic violence and criminal charges Plea bargaining in criminal cases Appealing a criminal conviction Writ of habeas corpus and criminal defense Probation for criminal conviction Employment Constitutional law Filing a lawsuit Appeals