Legal Question in Criminal Law in Texas
I was arrested on July 17,2009 for an assault. Also, I was cited for a class C misdemeanor (unrelated to felony) violation on that same date and time. I was required to appear on the class C misd within 12 days from issuance of citation. While in jail, I requested disposition of the class C misd. I remained in jail for 92 consecutive days... and did not hear from the courts. I was released from confinement (on the 92nd day). One year later ( Aug. 17, 2010)I was arrested on a capias warrant for failure to appear on the Class C misd. I plead no contest and was found guilty. I have since filed an appeal on "wrongful finding of guilt". Do I have remedy?
1 Answer from Attorneys
If you pled no contest, then you told the judge you were not contesting that there was sufficient evidence to find you guilty. If the State proved up the case, then there was evidence to find you guilty and that is what the judge did. I do not see a "wrongful finding of guilt." Even if the court had taken care of your case while you were previously incarcerated, it would only have given you time served - you still would have been convicted.
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