San Antonio, TX asked in Criminal Law and Civil Rights for Texas

Q: Can I take this case back to trial?

There was no sirens, no lights, and no camera, how could I be charged with evading arrest. The officer was a hundred yards away. He couldn't hear us, how could we hear him?

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

A: What do you mean "back" to trial? If you already had a trial then the only way you'll have another if you first do an appeal... and only then if the court of appeals reads what happened in the case and decides it was so messed up that the errors can't be fixed and the only solution is to have another trial. That does happen in some cases but it is extremely rare.

If you entered a plea of guilty or no contest without a trial more than 30 days ago then there is a good chance that you already waived your trial AND waived your right to appeal but that should all be clear on the case disposition documents. If it was less than 30 days ago then hire a local appeals attorney immediately... like today if possible because time is limited.

If the case is still pending then you still have the right to take the case to trial. Talk to your criminal defense attorney for more information.

Michael Hamilton Rodgers agrees with this answer

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