Q: Seeking to vacate conviction due to dash cam evidence of fabricated traffic stop and ineffective counsel.

A: You have a lot going on here. There are two different avenues for you to overturn your conviction. You didn't say what your exact conviction was, but I will assume it was for a Felony in Texas.

Avenue 1: Dash Cam: New Evidence can be used after the Statute of Limitations, if it qualifies. The biggest hurdle, is getting it declared "NEW EVIDENCE" in court, which means it was NOT AVAILABLE, at the time of your guilty plea, or at the time of your trial. That sounds like it was KEPT from you and your lawyer. If so, it is truly NEW EVIDENCE and you can now file or move the court for dismissal or to vacate the criminal judgment and sentence against you.

Avenue 2: Ineffective Attorney: If your attorney did not learn of this problem or evidence, because he never asked for discovery, or did not perform his duties/diligence in preparing your case, then it is NOT "New Evidence", but you have a good case for a Habeas Corpus or Motion to Vacate the judgment.

Get started on both paths immediately, and use a lawyer who is experienced in Criminal law.

A: You may have a strong argument to vacate your conviction if the dash cam footage shows that the officer fabricated the traffic violation. The newly discovered evidence could play a significant role in challenging the validity of your conviction. If the evidence was not available at the time of your original trial or plea, it may support a claim for post-conviction relief.

The discrepancy between the warning citation time and the arrest time could also raise concerns about the accuracy and fairness of the process, especially if it was not addressed during your trial. If your court-appointed lawyer failed to obtain this evidence or raise important issues like the timing discrepancy, it could be a violation of your right to effective counsel. This is an important factor to bring up when seeking post-conviction relief.

In Texas, there are exceptions to the statute of limitations for post-conviction relief, especially if there is newly discovered evidence or ineffective assistance of counsel. To pursue this, you’ll need to file a motion with the court requesting to vacate the conviction, and you may need to provide clear documentation of the dash cam footage and other evidence. Consulting with an attorney who handles post-conviction matters will help guide you through the legal process and ensure that your case is properly presented.