Legal Question in Criminal Law in Texas
can a good lawyer get a deffererd judification changed or lessen later even if case has been years?or reopen case?
2 Answers from Attorneys
Are you saying that case is already disposed? A lawyer might be able to get the case reopened by way of writ of habeas corpus if there is a constitutional reason to do so.
It depends on what the defendant is trying to accomplish and that is unclear from your question.
If the defendant is just trying to seal the criminal record, this can be done if the statute of limitations has run on the case and the offense is not one excluded from being sealed such as murder, sex assault, family violence or DWI. If the defendant is trying to take back the plea and say that they are innocent that is a little more difficult and complicated. First, when signing for deferred adjudication the defendant waives the right to appeal. However, the defendant may be able to file a writ if there is evidence of a constitutional violation. If the defendant is financial able to and feels strongly about the matter, an attorney should be consulted and hired to investigate the possibility of filing a writ.
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