Coerced into signing a plea deal because if not the lawyer said would get death penalty if didn't but no evidence was found no DNA no video no nothing how can one go about trying to get justice for a loved one?
answered on Apr 25, 2024
You can file a writ of habeas corpus and will have to prove coercion. Be aware that coercion is NOT recommending that a defendant accept a plea deal because, if not, he will likely receive the death penalty. Coercion IS pointing a gun at a defendant and telling him to sign the plea deal or you... View More
Coerced into signing a plea deal because if not the lawyer said would get death penalty if didn't but no evidence was found no DNA no video no nothing how can one go about trying to get justice for a loved one?
answered on Apr 29, 2024
You can file a Writ but they are difficult to win. I am sure that there is evidence . There had to be witnesses that were going to testify. They don't have to have DNA or a video to find someone guilty .
What are the reasons a family court would issue an Omnibus Order? What entity would verify the reason?
answered on Apr 16, 2024
It depends on the nature and content of the Omnibus Order. For example, an Omnibus Order might transfer a number of cases from one court to another to equalize their dockets or when a new court is created for a particular county. Some family courts enter an Omnibus Order that is really nothing... View More
answered on Apr 5, 2024
Generally speaking, the court will not appoint a lawyer in a civil case including on appeal. That is largely reserved for criminal cases and cases in which CPS is seeking to terminate a parent's rights to their child.
answered on Apr 4, 2024
Your petition for discretionary review can be filed through the Texas state electronic filing system at https://www.efiletexas.gov/
The required contents of a petition for review are specified in Rule 53 of the Texas Rules of Appellate Procedure.
The factors that the supreme court... View More
Probable cause affidavit and hearing has multiple discrepancies and the warrant altered after returned and conflicting with bailbond on return warrant as was the offense date vs. what being tried on them records locked and made unavailable to the bondsmen even
No local attorney has been... View More
answered on Apr 1, 2024
This is one of those rare cases where I have to disagree with Mr. Arrasmith because, in Texas, only the prosecutor can file a motion to dismiss charges. Neither a pro se criminal defendant nor criminal defense attorney can file a motion to dismiss charges in Texas.
I think the only way to... View More
Can you ask the District Court for a writ of possession from a title action in 1938 in Texas due to a person claiming title through a person who from whom the property is recovered and against a person claiming the property through that party to the action that title was recovered from the first... View More
answered on Mar 28, 2024
A quitclaim deed does not transfer title and shouldn't create a cloud on your title. A judgment usually becomes dormant after ten years. You may need to file a quiet title action against the new party claiming an adverse interest to your ownership in the land.
This is about arrears. The appellant attorney notified my trial attorney of the appeal, but he doesn't do appeals. My trial attorney sent an email to the appellant attorney telling him that he is not representing me in appeal, but nothing has been done to correct the record in front of the... View More
answered on Feb 12, 2024
The attorney for the Appellant is required to notify the Appellee's trial counsel when an appeal is filed. The Appellee's trial counsel has a duty to notify the Appellee. The attorney for the Appellant cannot usually communicate directly with the Appellee.
If the Appellee intends... View More
I am the appellee in a family accelarated appeal that my ex filed after a judgement for arrears was granted. Is it the appellant's attorney duty to notify me before I file my brief? Or should I file my brief regardless of notification?
answered on Feb 5, 2024
Assuming that you are referring to an appeal to the court of appeals (as opposed to a de novo appeal from an associate judge's ruling to the district court), your brief is due twenty days after the Appellant's attorney files the Brief of Appellant in the court of appeals. Tex. R. App. P.... View More
I have a seizure disorder and Kerr County did not give me my seizure medication, I had several seizures there which were ignored. I had a seizure when I met the attorney and then again before I went before the judge. The Judge asked if I was ok because I was confused. He told the attorney to go... View More
answered on Feb 4, 2024
Appealing a federal plea deal after it has been accepted by the court can be challenging, but there are circumstances under which it might be possible, particularly if you can demonstrate that your plea was not entered into knowingly and voluntarily. In your case, the medical issues you faced,... View More
My son was suspended for a argument that led up to 30days alternative and the school report him to be a violation of bullying. After the 30 days a harassment charge was filed and he was given 45 more days because they said he was threatening on the day that was to be his last day of... View More
answered on Feb 1, 2024
When you believe that a school district's disciplinary decision for your child is wrong, there are steps you can take to seek a review of the decision. The specific process may vary depending on the school district's policies and the state's educational regulations.... View More
It was filed on January 17, 2024
answered on Jan 24, 2024
In an appeal to the court of appeals from a district or county court, you will have thirty days to submit your Brief of Appellee from the date that the Appellant files its brief. You can request an extension of time for good cause which, in this context, means any reasonably plausible explanation.... View More
However , if a correction is made pursuant to Rule 316 after expiration of plenary power provided by this rule, which states no complaint shall be heard on appeal that could have been presented in an appeal from original judgment. Rule does not address to substantial change made through a Nunc... View More
answered on Jan 8, 2024
Just because a judgment is entitled a "judgment nunc pro tunc" does not mean that it is in fact a judgment nunc pro tunc. If a new judgment makes a substantive change to the previous judgment, it is not a "nunc pro tunc" despite its title. Within its extended plenary power, a... View More
My husband signed for a 16yr prison sentence for probation revoke for Possession of Controlled Substance. Later we learned there was a Deadly Weapon Finding, which we were unaware of. It was not mentioned when he was sentenced nor is it in the court transcript of the sentencing.
answered on Dec 29, 2023
First: The date of the sentencing and guilty plea is important. The longer you wait to contest your sentence, the harder it will be to fix it or overturn it.
When he pled guilty, there was probably a plea "package" of paperwork, Notices of rights, and waivers of rights, that the... View More
answered on Dec 29, 2023
Each State has its own system of allowing access to criminal records and judgments. Usually, fines and criminal penalties are part of a guilty finding and the attendant Judgment. So yes, usually a simple telephone call to the clerk of the court in which your case was held, will get you the details... View More
My son was convicted of capital murder in Tarrant County earlier this year.
answered on Dec 7, 2023
Your son can appeal pro se or hire a private attorney.
If a court-appointed attorney does not see a good faith basis for an appeal in the trial record, he/she can file what is called an Anders brief. In a famous case (Anders v. California), a court-appointed attorney filed a motion to... View More
This is on a civil forfeiture/seizure of my truck. The district attorney knew how to get ahold of me cause ive went up there twice to try to get the papers they were trying to serve me, both times she was gone early and they took a copy of my ID, my phone number, and the case number. Nobody has... View More
answered on Nov 29, 2023
You should hire an appellate lawyer to file a motion for new trial within 30 days of the entry of the default judgment against you, or a restricted appeal within six months of the default judgment, or a bill or review within four years of the default judgment. There are differing requirements... View More
answered on Oct 29, 2023
To bring a matter before the United States Supreme Court, it must be within ninety days of the final judgment in the appeals court whose decision you are challenging. That can be from a federal appeals court, called the United States Court of Appeals (they are divided geographically in 12... View More
does district courtloose jurisdiction and indictment void? denial meaningful dueprocess by prose ada defendant? texas waxahachie case 50369cr. vaccp art 16.01etseq. note tx att gen opinion june 7, 1972 opinion no. m-1151. if An Examining Trial is mandatory for juveniles that (are/had been)... View More
answered on Oct 15, 2023
Under Texas law, an adult defendant does have the right to request an examining trial before indictment. If the court failed to take action on your motion for an examining trial, it could raise procedural concerns. If you believe your rights were violated, it's crucial to promptly raise these... View More
law, firm out of Dallas, is the one to put judgment on my bank account, which has seized all my money and able for me to live. The law firm they brought this on, cannot provide not one documentation stating that they were doing Nash they undermined Lee went to the courts without informing me and... View More
answered on Sep 27, 2023
I don’t understand what you mean by doing Nash and undermined Lee.
As far as notice, check the court records in the case number in which the law firm got the judgment against you to see what it says about how you were served.
Then contact an experienced civil litigation and... View More
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