Legal Question in Criminal Law in Texas
Misrepresentation by court appointed attorney and appeal.
Can you appeal your sentence if you signed the form stating you were properly represented by your court appointed attorney when you werent and felt forced or mis informed.
Asked on 11/18/02, 2:11 pm
1 Answer from Attorneys
Paul Hampel
The Law Office of Paul A. Hampel
Re: Misrepresentation by court appointed attorney and appeal.
This will be a difficult fact to prove. But if you can establish duress or misinformation you may be able to withdraw the plea. Further details would be needed to elaborate on this specific case. But the short answer is that duress (force) or misinformation, under the right circustances, can serve as a valid grounds for an appeal or withdraw of a plea.
Answered on 11/20/02, 10:07 pm
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