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What do I do now please read details

San Antonio, TX |

Ok please help my job of 5 years is on the line ! Six years ago I was arrested with a class c mistermeanor and I hired a attorney to represent me and she told me that she talked to the d.a. And they came up with a plea bargain and if I complied with them that it would be dropped to a ticket. So I did everything and she said it was not going to be on my record . Ok well I got a promotion at my job and they did a background check and it came up and now my job is on the line unless I can show them proof that I was right. But what I dont understand is that my attorney lied to me and now I am suspended from work. I don't know what to do and I have a family to support. Please help

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Attorney answers 6

Posted

You were NOT arrested for a class C misdemeanor where someone talked to the DA. If you were arrested for a Class C, then they talked to an assistant city attorney or an assistant district attorney (in a JP court). The charge IS a ticket level offense so there is no "dropped to a ticket" for a class C.

If it was dropped from a Class B to a Class C (ticket) and you got deferred, then you can expunge it. If it was dropped from a Class B to a Class C & you paid a fine, then it is a final conviction and will stay on your record.

Call your attorney who represented you and find out what happened, and / or get a copy of your plea papers from the court at which you appeared (which is likely a county court - not a JP or municipal court).

Cynthia Henley
713-222-1220

Asker

Posted

well my work asked if i can get her to write a certified letter stating that i was misunderstood or something of that nature. since i lied to them about my background which i thought was clear. do you think i have any chance in getting my job back?

Cynthia Russell Henley

Cynthia Russell Henley

Posted

Don't admit you "lied" when clearly you were confused. Go to the court where the case was filed and get a copy of the judgment / sentence against you. If it was a county court and the case reduced to a Class C, then that is easily explained that you believed, based on what your lawyer told you, that you thought it was a traffic ticket type situation - no longer a criminal case.

Posted

Make an appointment with that attorney and sit down with her and the case file. That is your first move. I wouldn't go in there accusing her of lying. You want her to help you straighten up whatever misunderstanding or mistake in the court record. If the situation doesn't get resolved that way and you are convinced she did something unethical, seek the opinion of another criminal defense attorney. Good luck to you.

** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attorney-client relationship. When responding to questions posted on Avvo, I provide a general purpose response based on Washington law as I am licensed in Washington. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel. For more information, you can reach my office at: mark@bratlienlaw.com; 360-714-1911

Asker

Posted

well my work asked if i can get her to write a certified letter stating that i was misunderstood or something of that nature. since i lied to them about my background which i thought was clear. do you think i have any chance in getting my job back?

Posted

Depending on the specific facts of your case, you may be able to get an expungement, but I do not have enough details to be able to say if you can or not. www.giardinolawfirm.com.

Posted

There are several legal conflicts in your question that make it clear you do not know what you were charged with or the disposition of that case. You can go to the court where your case was assigned and request a copy of the records from the clerk. If you do not understand those records, you need to take them to a local defense attorney who can explain them to you. You can also set up a meeting with you original attorney and ask her to explain everything to you.

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.

Posted

Nobody here can tell you whether you're going to be able to get your job back. Texas is an at-will employment state, which means that an employer can fire you for any reason (or no reason). They don't have to have some legal justification for doing so. So if they want to keep you, they will, and if they don't, they won't. As to this "certified letter", I have no idea what you're talking about on that. Sending it certified mail doesn't make any sense in that context. Possibly they said they want a sworn affidavit from her? In which case, I rather doubt she'll do that. If you're willing to sign something waiving attorney-client privilege, she may be willing to talk to them, and maybe even write something briefly explaining why there might have been a misunderstanding on your part, but she obviously cannot swear to what you believed (you could, but she can't). All she can do is say what she told you, and there's no reason for that to be sworn. If it is a matter of an expungeable case, that's a matter of frequent misunderstandings. There's a very big difference between "You can someday get this off your record" versus "This is now off your record". Expunctions are separate legal proceedings, aren't cheap, typically can't be done without some time delay, and are often basically forgotten about. If that's what happened, it's not your attorney's fault, and I doubt she's going to be willing to take the blame for it.

Evan Edward Pierce-Jones

Evan Edward Pierce-Jones

Posted

When faced with a difficult situation such as described in the question, it is usually best to calm oneself and then proceed deliberately to a good lawyer to get advice specific to the particular situation.

Posted

I agree with the technical information provided by the other attorneys. I also want to add a practical approach: When you contact the attorney who represented you in the prior criminal matter, ask for her assistance in communicating these details to you. It isn't enough to just obtain copies of the court files on your own if you cannot sufficiently explain those files to your employer. An attorney with criminal experience needs to explain this to your employer. Hopefully that explanation will preserve your job for you.

It is true that Texas is an "at will" employment state which means you can be fired for no reason at all (unless you have a written contract, or other terms of employment that protect you). So you can't find your protection there. The real issue here is whether the crime itself is one which your employer is willing to accept in terms of keeping you on staff. If they are not crazy about the crime, they don't have to keep you on payroll.

Get more information; elicit the help of your prior lawyer. Make it clear (IN WRITING) to your prior lawyer that your employability is on the time.

Best of luck

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