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JPEsq.
JPEsq., Criminal Defense Lawyer
Category: Criminal Law
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Experience:  Experience as Criminal Defense Attorney and criminal law professor
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I plead guilty to a charge that i did not commit because they

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I plead guilty to a charge that i did not commit because they were going to raise the charge to a class B felony and re-arrest me. I have 3 children and I was ordered to pay 1200.00 a month restitution whcih i couldn't. they wanted to give me more jail time and my husband was just coming home from iraq i left the state and I did not go for another court date. What should I do? my husband is currently active duty army and I dont want to leave my children, I did not commit the crime
Submitted: 5 years ago.
Category: Criminal Law
Expert:  JPEsq. replied 5 years ago.

Even if you did not commit the crime, you plead guilty to it... so it would be up to the judge whether or not he wanted to set aside your guilty plea. But since you have already been sentenced, and have now violated your probation... its probably going to be too late to say you didn't do it.

 

You probably have a failure to appear warrant for your arrest now, and a probation revocation ( I assume you were put on probation and ordered to pay restitution). The only thing you can do is appear in court and ask the Judge to withdraw the warrant. Alternatively, you could hire a lawyer, who could add you on and ask the judge to withdraw the warrant. Then you will judt have to deal with the pending action.

 

You could TRY to withdraw your guilty plea, and start over... but this far down the road, most judge's will not do it.

 

One other option is to file an application for post-conviction relief, if you have new evidence that shows you didnt do it.

 

You can just stay in texas... but you should be aware that you are "on the run" and any time you get pulled over or anypolice involvemtn in your life, they are going to arrest you and extradite you to MO

JPEsq., Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 5106
Experience: Experience as Criminal Defense Attorney and criminal law professor
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