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CrimLaw, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 47
Experience:  Member of Harris County Criminal Lawyers Association and Texas Criminal Defense Lawyers Association
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i plead out on a misdermeanor charge that i was innocent with

Customer Question

i plead out on a misdermeanor charge that i was innocent with adismisssal of another dwi i plead out 300 days inthe county while inthe county for 3mos. ireceive an indictment habitual 25 /99/life my lawyer let them get by with this .then i got acourt appointed attorney thats going to tryto feed me to them ,my lifemy attorney tells me his hands are tied im sorry.i tried to fire him in stating that he isnt trying to build any type of defense.thejudge refused my request thenduring trial itried to fire him .judge still would not allow me to dismiss him unless i want to represent myself.i stated i need an attorney but not him.this is a very attorney even stated to the judgehe did not feel he could represent me to the best of his ability.judge denied his request to withdraw.i want something to be done.i did 10yr sentance for something i was framed by the county.i was found innocent by jury unamously even though my attorney attempted to sabotage my case with da .please
Submitted: 8 years ago.
Category: Criminal Law
Expert:  CrimLaw replied 8 years ago.
Why did you plead to something you were innocent of? If you were convicted of an offense you can try to attack the conviction by either an appeal or a post-conviction writ. You may have grounds on ineffective assistance of counsel. I am confused though when you say you did ten years for something that you were framed on yet found "innocent" by a jury.

Either way, if you are indigent, and you wish to appeal, you should have access to an appointed lawyer to handle it.
Customer: replied 8 years ago.
i did win unanmiously on the 25/99/life. i had previously been sent to jail on another charge for 10 years in the early 90's on which i was forced to take this plea by the chief detuty and investorgator, who said that they would say that i gave them a verbal confession that i had done the crime. needless to say i took the plea out then. they have done nothing but harass me to the point that i did have to move out of the county. then the dwi's came about on which they even tried to railroad me on those; from a hangman jury to a noncomplaient attorney;and a crooked judge, d.a.and dps officers. then they tried to extort $2000.00 for attorney fees when i went to court and won the case! what can i do to get some help because i can't even go to visit my grandchildren because of the harassment i have to deal with when i go to this county. i would like to be able to sue them for all of the mental anquish, extiortion, and anything else!
Expert:  CrimLaw replied 8 years ago.
if you plead to a misdemeanor DWI and one DWI was dismissed, then your only option is to try and attack the plea on the grounds that it was not knowing and voluntary. Normally during a plea, you waive any right to appeal, so you would have to attack the plea itself.

As to a threat of a confession, that is a tactic. If you were represented by a lawyer, the DA or cops even talking to you is a violation and should not happen. Telling you that they had a confession and threatening to use it is a tactic. There is a lot of law surrounding the taking and using of confessions. Just because they threaten something does not mean they can do it.

As far as $2,000.00 in fees for a lawyer, some counties require a defendant to reimburse the county for the expense of an appointed lawyer. It is not common where i practice, but it does happen.

You should be able to go to the county to visit your grandchildren and should be free from any harrassment as long as you are not breaking the law or violating any conditions of probation or bond or parole that you may currently have.

In regards XXXXX XXXXX the cops and the judge and the da regarding mental anguish and whatnot, i do not think you would be successful. There is immunity for a lot of what they do in their official capacity. With the facts as you have given them, i would be surprised if you could recover under a civil suit for damages.