Legal Question in Criminal Law in Texas

We have new evidence - can we back out of a plea-bargain?

Hi. On Jan 21,2004 my husband agreed to a plea bargain. He received a state jail felony for a reduced charge of A civil rights violation;improper sexual conduct with a person in custody. (Originally charged with Indecency/w child)

The female was 15 at the time - a family acquaintance managed to get the girl on tape (this August) bragging about lying about her age to men in order to ''get'' with them. In addition, she changed her originally story (not just inconsistancies- completely different occurances) And her statements on this tape actually collaborate with my husbands original statement, and really condradicts her original statement.

This would be new evidence that was not available at the time of the plea- is it possible to gain the permission of the judge & the DA to back out the plea, without having to go through the ''appeal'' process. I personally feel like the tape alone raises the percentage of reasonable doubt from at least 50%( which was his word against hers) to 85% or higher.


Asked on 11/15/05, 10:48 pm

1 Answer from Attorneys
ERICK PLATTEN LAW OFFICE OF ERICK PLATTEN

Re: We have new evidence - can we back out of a plea-bargain?

Hi there,

If there is actual innocence that your husband is not guilty, it is possible to reopen his case even if he plead guilty.

I had a case similar to this a year ago.

Sincerely,

Erick Platten

PLATTEN LAW OFFICE

STATE WIDE REPRESENTATION

STATE WIDE TRAFFIC DEFENSE

TylerJustice.com

9035939100

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Answered on 11/21/05, 2:57 am


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