Legal Question in Criminal Law in Texas
How can I protest/petition felony (non conviction with completed probation) life penalties? Or how can I sue a lawyer i hired that cheated me out of pre-trial diversion I had all the letters from the people i need to obtain and she said it was to "late" when she specifically said bring it on day of hearing. I found out later from a different lawyer that she did not have the right to do that, if i had what everything required from the things needed for diversion she was suppose to show the judge but she rejected them and now i cannot get my record ex sponged and i can't even seal it from employers for 5 years. My life has really taken a turn for me in i can't find a job and i can't move on with my life. suffering from lost wages and depression please can someone help me. I just want my second chance want to do whatever it takes to EARN my Freedom again.
1 Answer from Attorneys
You can hire a lawyer to look at the case again to see if anything can be done BUT you are not entitled to a pretrial diversion ever, and they are very, very difficult to get on felony cases.
The judge is not the person who makes the decision whether to offer you pre-trial diversion - the prosecutor is. The judge does not get involved except to sign off on the agreement. The request is not presented to the judge at any time. (It may have been that she already spoke with the prosecutor who said they would not agree no matter what was in your letters and balance of your packet.)
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