Houston, TX asked in Criminal Law for Texas

Q: What code does my lawyer need to provide for the judge to change my plea before sentencing?

I was told if i signed for 2year tdc i will get my 7months and 25days back time but now they only want to give me 2days of jail time credit. Thats was not agreed on.

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1 Lawyer Answer
Michael Hamilton Rodgers
Michael Hamilton Rodgers
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: Most people who plead guilty can barely remember doing so, that's how traumatic it is. So you may not remember, but when you went before and asked the judge to accept your plea of guilty and for the Court (the judge) to follow your plea bargain, he opr she recited the plea agreement to you, including your back time credit, and asked you if this the plea agreement you made with the state. If the judge asked you that after telling you your back time was just 2 days, theat's when you or your lawyer should have told the judge, "No, that is not our agreement." If the judge did not tell you whatyour back time credit was going to be, then your plea was not kinowingly and voluntarily made. Your lawyer simply needs to advise the Court of this fact and ask that you be allowed to withdraw your plea of guilty. Sometimes the prosecutor will agree to this, sometimes your lawyer will need to file a written motion to allow you to withdraw your plea stating the fact that you were incorrectly advised about your back time either by the prosecutor or maybe it was your lawyer that decided the back time and got it wrong. The lawyer may need to admit he gave incorrect advise. Good luck!

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