Legal Question in Criminal Law in Texas

Incompetent Attorney

My friend was recently convicted of felony assult, and was arrested. His attorney advised him to plead guilty of the offense even though the "lady" he supposedly assulted had a history of accusing men of molestation and assult. My friend was suffering from detox when he was arrested, but continued to insist that he did not do it, however he trusted his attorney, who told him that the jury always believes the woman and followed his attorneys advice to plead guilty. We have since discovered that this attorney is an alcoholic and used drugs extensively, and been advised by a physcian, that is mentally deficient due to alcoholand drug abuse,and that he should not be practicing as an attorney. Is there any recorse for the guilty plea, as for this womans reputation and other evidence gathered since the alleged offense, prove that my friend is not guilty of this alleged crime. Also, is their any way stop this attorney from practicing law. He made absolutely no effort to look at the evidence in this case, and made absolutely no effort to defend his client.


Asked on 2/25/00, 2:27 am

1 Answer from Attorneys
David Sergi Sergi and Associates PLLC

Re: Incompetent Attorney

You are looking for a lawyer that does Writs of Habeas Corpus.

The basic law in a nut shell is that if your freind can claim that his plea was "involuntary" based on bad advice, then he may be able to file a writ and with draw the plea. There are many issues that need to be addressed which I will be happy to discuss with you at a later point in time.

I see many claims of bad lawyering in my practice (which includes doing death row writs of Habeas Corpus) and the facts that you relate seem to have a chance. I would be happy to talk to you if you wish. You can call me at 512 392 5010 and we can discuss it or we can meet at no charge in my office.

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Answered on 3/15/00, 8:35 am


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