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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 3169
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Felony conviction 2010 taxes. Reverse remand granted, 1244a

Customer Question

Felony conviction 2010 taxes. Reverse remand granted, 1244a Time served granted 2016. When is conviction date calculated for background check?
JA: What state is this in? And can you tell me a little more about the charge?
Customer: Texas
JA: Have you talked to a lawyer yet?
Customer: Probation violation drug possession 1 month before end of parole . Served two years in Huntsville penitentiary Of 10 yr sentence
JA: Anything else you want the lawyer to know before I connect you?
Customer: I wrote my own reverse and Remand and it was excepted by the court. Case settled this year Well I am free I am trying to get a job what date is conviction date
Submitted: 11 months ago.
Category: Criminal Law
Expert:  P. Simmons replied 11 months ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 11 months ago.

I am sorry for this dilemma. But not sure I understand your specific question. You want to know what date you were convicted?

Customer: replied 11 months ago.
did conviction date change from 2010 guilty when judge approved 1244a Texas On reverse and remand in 2016?
Expert:  P. Simmons replied 11 months ago. there was an appeal and the appeal caused a remand? Is that correct?

Customer: replied 11 months ago.
an appeal was granted, reverse and remand. Already spent two years in penitentiary when appeal was granted. Just before new trial 1244a was presented as taking guilty for 30 days days time served walking out of court room finished.
Expert:  P. Simmons replied 11 months ago.

That makes what happened on remand?
You took the 30 day deal? Is that correct?

Customer: replied 11 months ago.
Question, does 1240 for a create new felony date 6 years latter? Texas. I'm finishing school most jobs I am qualified will consider me once I have not had a felony for seven years.
Expert:  P. Simmons replied 11 months ago.

Thank you

The issue is the remand. Since there was an appeal that was granted (and there was a remand for a new trial) the original trial is erased. That is the functional result of the remand...the original conviction is removed and the case remanded (sent back) for a new trial.

So what you are describing the conviction will be the date of the remand trial.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 11 months ago.
What if there was no remand trial? We were on a pill for two years trying to get day 2 transcripts from first trial. Two of those witnesses (officers) had died. Finally court reporter stated transcripts were stolen with her machine years ago even though we had record of portions of those transcripts and pleadings filed by prosecution. New Judge when one trial date came (old retired). Without transcripts yes deal was signed to only have prosecution handover the missing/stolen transcripts after judge excepted application . Prosecutor wanted judge on the record to agree to affect of finding I don't know the code but he did not interfere in justice in this case. The judge would not agree and ordered him to hand them over. What would you advise I could do to get an earlier date under the circumstances? Perhaps expungement perhaps file a complaint against prosecutor DAs office what do I do all I really want is to be left alone and not have a new date of 2016
Expert:  P. Simmons replied 11 months ago.

Sorry...I do not understand...was there a remand or not?

Expert:  P. Simmons replied 11 months ago.

That is, you ask if there was no remand...but you said there was a remand...which is it?