Livingston, TX asked in Appeals / Appellate Law and Criminal Law for Texas

Q: Can we file an appeal

husband was on probation for assault with bodily injury, he had 2 pre-existing possession less than a gram that he's going to court for well then he used his mother's vehicle go to the store, keys were in it she called the cops and reported unauthorized use of a vehicle and he was arrested that violated his probation. The state started out with an offer of 4 years TTC, he had a court appointed attorney said we would go to trial that we would plead not guilty to all charges due to reason of insanity at the time of the crime. Trial today. last week the attorney filed for a continuance and went and talked to the Head DEA and that DEA dropped the misdemeanors and the enhancements if he signed two years State Jail that day. His attorney coerced him into taking the two years and had him plead guilty to all charges. He thought he was signing for tdc. Can we file an appeal because she had him plead guilty to charges that he was not guilty of and did not want to sign for state. Can we appeal

1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: Has he talked to his existing attorney about withdrawing his plea and if that is denied filing a motion for a new trial?

The timelines are TIGHT so he needs to act fast. The convictions become final after 30 days and then it gets a LOT tougher.

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