Round Rock, TX asked in Criminal Law for Texas

Q: can a closed conviction case on "continuous sexual abuse of a child"be re-opened when there was no evidence.it was

basically a he said she said case,appellant was given a plea agreement to sigh under duress by two officers that were at that time under investigation

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2 Lawyer Answers
Michael Hamilton Rodgers
Michael Hamilton Rodgers
Answered
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: Usually, when a defendant pleads guilty in a case, the case cannot be "re-opened". There is no "Kings-X" in court.

However, if the defendant can establish that his plea was "involuntary" due to duress, such as improper threats or similar coercion, then a court can allow the defendant to withdraw his guilty plea and "re-open" the case.

The defendant will need to contact his attorney, or maybe hire a lawyer who was not involved in the original guilty plea, as soon as possible because this kind of attack on a final disposition requires a lot of hard work and the longer he waits, the less likely it is he will get a good result.

Kiele Linroth Pace agrees with this answer

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

A: Consult an attorney who focuses on criminal APPEALS and EXTRAORDINARY REMEDIES.

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