Legal Question in Criminal Law in Texas
Incorrect Charges Filed
I want to know if a case was filed as a Class A misdemeanor on a family member, but the person was not a family member is there anyway to have the charges removed. This charges goes back to 1996 and I understand it cannot be esponged due to it being filed as family violence, but the person whom I had the altercation with was not a family member.
Asked on 9/27/06, 1:05 pm
1 Answer from Attorneys
TC Langford
Langford Law Office
Re: Incorrect Charges Filed
The law calls that a collateral attack -- as it questions the underlying facts of a judgment of conviction. It is an issue that should have been addressed at the time, and the law rarely entertains a collateral attack after the fact.
You might be eligible to have the record sealed however, depending on the circumstances.
Answered on 9/27/06, 3:07 pm
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