Q: Attorney can’t find my court files from 1997 when he went to pull them. Is that good or bad thing?
I’m talking to this writs attorney. About this terrible case I have from 90’s that I was coerced into a statement. I’m trying to hire an attorney who will at least try to help me. I was accused of Agg, Sex Assault and indecent with child contact. I just turn 18 & she was 13, which I didn’t know then or I wouldn’t have signed that statement. I never touched that girl There’s No, DNA, bruises, injuries. I said it emphatically I didn’t touch that girl in that way. He said no-one will believe me & DA lock me for 99 years. He will help me right a statement and he will talk to the DA on my behalf. I’m also thinking a with a PI. The attorney is in Houston my case is in Bell county. The attorney said when he went to pull my court files there wasn’t anything there. That he couldn’t find anything on my court case. What does that mean? Also if this female is willing to tell the truth that I never touched her in any way signed affidavit via (PI) will that help my case in getting a writ granted?
A:
Courts lose records. Sometimes an event like a fire or flood or tornado destroys them It's less likely nowadays with so many records stored electronically, but many records in the 1990s were still in paper format. Lost or destroyed court records can often be reconstructed from other copies.
Yes, a statement from the "victim" could be very helpful in a writ of habeas corpus to secure your release from prison. It would also help in your parole hearings.
Coercion requires the use or threat of serious harm including some type of acts intended to cause you to reasonably believe that your failure to perform an act like signing a statement would result in some sort of serious harm. In a post-conviction writ, you will have to show that you were "coerced" into a signing a statement if that statement admits to criminal conduct. Putting a gun to someone's head and saying "sign this or I will shoot you" is a classical example of coercion. Merely persuading someone to do something that is against their interests isn't coercion. For example, saying "if you sign this, your punishment will be X; if you don't and you go to trial, you will probably lose and your punishment will be Y (much worse)" is not coercion--it is rationally weighing your options.
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