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Len
Len, Lawyer
Category: Criminal Law
Satisfied Customers: 444
Experience:  15 years practice in criminal and employment law.
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My husband got in trouble in Sierra Blanca Texas with Crystal

Customer Question

My husband got in trouble in Sierra Blanca Texas with Crystal meth in 2005.He went in front of a judge and was placed on probation with a lot of fines to be paid. We paid all the fines paid a lawyer out there around 11000.00 when it was all said and done. We were told that he was being placed on something called Defferred Adjudication and that when he was off probation(he only had to serve a year off it because we paid all the fines early and he didnt get into anymore trouble) That everything would come off his record and it would be like it never happened . Its still on there and now he has a felony that keeps him from doing the job he is trained for. He is a truck driver that hauls gas locally out of Selma and you can't have you Haz-Mats with a felony. The lawyer has told me repeatedly that it was an error on his and the courts part(I have it in writing from him) but we can't get the felony off . What can we do? We've been told to do all kinds of things down to suing. Please help.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Len replied 5 years ago.

You need to get the lawyer request and file an Order Nunc Pro Tunc. It is a method to correct problems such as this. Short of that, an amended Judgement and Sentence could be filed.

 

Len

 

Len, Lawyer
Category: Criminal Law
Satisfied Customers: 444
Experience: 15 years practice in criminal and employment law.
Len and 9 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
How do I go about doing that when they are in Texas? Also is there anything that can be done as far as monetary reasons are concerned. We both know and understand he made a mistake but this costed us a lot of money we didn't have to spend in the first place and their "Mistake" has costed him several jobs that pay about 60000.00 a year. I'm not the type of person to sue I never have but I think htere should be something we could do to get some sort of monetary reward if nothing else for the jobs lost and pain and suffering from depression because of it. Please tell me what we can do. The lady I spoke with at the Texas Crime Records Error division said it was fixed and then we found out it wasnt so she would start with the lawyer and work her way up to the court since it was an error on their part and we had a letter from the lawyer stating it was a regretable error on his and the court systems part. I have kept all the paperwork that has been sent to us even got the orders from the judge faxed to me so that I would have everything they had. Please help me, you are the first one to actually tell us something we could do. I dont know what to do and if it wasn't for family helping our family of 5 would be living in a cardboard box by now
Expert:  Len replied 5 years ago.

Yes, it will have to be done in Texas and the original court where the J&S was first filed.

 

At $11K, I think that the original attorney would be will to correct this, (especially since he admnitted fault in writing). You should definitely be talking to that attorney.

 

It is excellent that you have kept all paperwork, most folks don't. Based upon what you have explained, I do not believe it is insurmountable, but you are going to have to keep at it. Also, from an economic loss standpoint, you would also benefit from using another attorney, if the first one won't clear up his mistake.

 

All of the information above still applies, you're just gonna have to remain persistant.

 

I hope this helps. You don't need to hit accept again, (you'll be charged again if you do).

 

Take Care,

 

Len

 

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