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I'm sorry to hear about your situation. Was the 16 months part of the plea bargain?
it was not in the paperwork it did say to have all fines paid by a third of your time. i paid in full at fist visit it was more of a mutual agreement in the courtroom between my lawyer myself and prosecutor before i accepted. iknow it would be better to be on paper but it was still promised to me in the courtroom
What was the amount of time agreed to on paper?
4 years deffered adj, but i know of people getting 10 years defferd and getting off in 2 years
Thanks. Unfortunately, the time on paper is the only thing you can hold the prosecutor accountable for. It does not matter what he says, only what you plea to. If you plead to 4 years probation, the only way you can get off is, as you said, having the judge approve it. There is nothing you can do to the prosecutor, regardless of what he said. If you don't agree with my assessment, you're welcome to consult a local attorney, but he/she is going to tell you the same thing.
I'm sorry if this isn't what you wanted to hear, but I can only relate the law as I know it.
Is there anything else I can help you with?
what about getting it throwed out of that court i have enough money to get things done what can i do
To get the guilty plea thrown out, you would have to prove that it was not "intelligently, freely, and voluntarily" given. You could argue that the guilty plea was not freely given because it was based on a promise from the prosecutor.
This has a slim chance of succeeding, because the prosecutor will likely say he did not make a promise to you.
But, if you have the money to burn, it's worth a shot to hire an attorney.
i will be getting a different lawyer could we call my lawyer to the stand and get him to testify that she did promise this and in front of a different judge
Yes, that would be exactly what you would need to do.
do you think i would have a better chance of getting a better lawyer to do a more aggressive probation review or going the route we were just talking and do you know of a dang good lawyer around east texas
Like I said before, getting the guilty plea overturned is slim-to-none. You have a better chance of going the other route.
As far as the attorney goes, we aren't able to make recommendations like that per JustAnswer's rules. I'm sorry about that.
I suggest contacting the Texas Bar Association and asking for a referral for a probation review attorney.
I hope this helps!
I wish you the best of luck in 2011! Don't forget to press ACCEPT if my Answer was helpful. If you need me to clarify my Answer or ask a follow up question, just ask! My goal is to provide an outstanding Answer, so give me a chance.
if i did take the route of the fake promise and the judge sided with me what would happen as far as my probation
The plea would be withdrawn and you'd have to make a deal over again or go to trial.
they wouldnt take the time ive already completed into consideration and just cancel it out
Yes, that would be a consideration. It would be up to the Judge/prosecutor.
can my probation give me a review through their supervisor after the judge denied me if so how long after
No, the Judge is going to have to authorize the change, since he is the one who made the order.
I believe I have answered your questions and answered reasonable follow up questions, so I'll move on to another customer now.
I hope this helps, and I appreciate the ACCEPT if I was helpful. :) Thanks again.
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