Deferred adjudication case for DWI in 1989. Then I received a DUI case in 2003. Then in 2012 received a conviction of 1 gram of heroin and was sentenced to 3 years TDCJ. I was released in 2014 but picked up a DWI while on parole so I violated the terms of my parole. Plea bargained my DWI case for 2 years was sent back to TDCJ, released 21 months later. Been out of prison for roughly 1 year and picked up a new charge of DWI. They are going to try to enhance if I do not plea bargain this case to an habitual only offering me 2 years down from 7. I have submitted paper work to the courts for appeal of my drug conviction. The judge approved but have not moved further since I need proper council. I am appealing my DWI case and talked with the Judge about it. He informed me to file the paperwork and will look at the evidence since none was presented. This current DWI, my court appointed attorney had not handled it in a way since the state is looking at my prior record and bulling me to sign.. Evidence was obtained with no warrant (blood) and I believe they have no case. Please help
Gonna just provide you with some random information:
Didn't have a DWI deferred in Texas in 1989 - those have been gone since, I think, 1982 - but definitely not during my time as a lawyer which began in 1988.
They either had a warrant for blood or you consented.
To be a felony DWI you need at least 2 prior DWIs. All felony convictions can be enhanced with prior felony convictions (in some way, although that gets a little technical.)
Cannot be convicted if no evidence is presented. (That may be your opinion but ...)
Judge wouldn't / shouldn't be discussing a case with a represented accused.
State has every right to look at a case and consider the prior criminal history - that is how it works.
You can hire a lawyer if you are not happy with the one appointed to you.
You need to discuss your case only with that appointed counsel or ask the court for different appointed counsel if there is a problem between you. Texas Penal Code sec 12.42 addresses habitual offender enhancement punishment. But your defense counsel is critical.
No clue. If you should conclude that you are powerless over alcohol (and drugs) and your life has become unmanageable. Try 90 AA meetings in 90 days. Keep a log.
Accepting cases in Dallas, Denton, Collin and Tarrant Counties. THIS IS GENERAL ADVICE AND DOES NOT REPLACE A PERSONAL CONSULTATION WITH AN ATTORNEY AND DOES NOT ESTABLISH AN ATTORNEY/CLIENT RELATIONSHIP
If the prior convictions are proven, habitual offender enhancement increases your punishment to a range of 25 years minimum up to a life sentence. I'm not sure the effect the appeal has on the finality of your previous conviction so you should definitely discuss attacking that prior in the current indictment with your attorney. It is very difficult to appeal a case that was a plea bargain though so that may not be your strongest legal defense. Good luck to you.
My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed to practice in the appropriate jurisdiction where the legal issue may be filed or in the state where the law applies.
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