Albuquerque, NM asked in Criminal Law and DUI / DWI for Texas

Q: What can I do when a clerk forgets to close a case that was supposed to be dismissed as part of a plea deal?

I was charged with a DWI and possession of marijuana<2oz. Both occurred at the same time and both were first offenses. As part of a plea deal my attorney told me that the possession charges would be dropped and I would be given x months of probation along with fines and other court requirements. It has been several months and I have been complying with the requirements set by the court. Now I am being told that the possession charge is still active, even several months later with no word, and that I will be given a court date because they don't have the evidence showing this as part of the plea deal. I was told to contact my attorney which I will do when his office opens in the morning. I am freaking out, I live in a different state from where this all occurred, any advice or information would be greatly appreciated. Thank you.

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2 Lawyer Answers
Benson Varghese
Benson Varghese
Answered
  • Criminal Law Lawyer
  • Fort Worth, TX
  • Licensed in Texas

A: The attorney who handled the plea for you should be able to speak to the clerk and get that resolved relatively easily, if that was the agreement that was made.

1 user found this answer helpful

Rachel M. Taft
Rachel M. Taft
Answered
  • Criminal Law Lawyer
  • Fort Worth, TX
  • Licensed in Texas

A: You will need to contact your attorney and view the file to make sure the plea deal was properly recorded. It may just be a simple matter of submitting the dismissal paperwork for Judge's signature.

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