Legal Question in Criminal Law in Texas

withdrawal of no contest plea in muni. court

I was duped into a no contest plea for class c misc. assault in texas in municipal court. After four months of a 6 month deferred adjudication i sent the court a letter asking for the opportunity to withdraw plea and have a trial. I didn't hear anything until 5 days after the deferred adj. expired when I got notice of a jury trial set for 12 days after receipt of the letter. The letter was dated 3 days after completion of the 6 months. I no longer want a new trial. Can they do this legally just based on my uncertified letter requesting a trial. I would now prefer to work on expungement than hire an attorney. It appears they waited to see if they could drag me back on a ticket but when that didn't happen they did this.


Asked on 2/23/08, 4:00 pm

1 Answer from Attorneys
ERICK PLATTEN LAW OFFICE OF ERICK PLATTEN

Re: withdrawal of no contest plea in muni. court

Most Municipal and Justice of the Peace Courts in Texas are run by clerks and judges that are not attorneys. This being so, there are a lot of Kangaroo Courts out there just wily nilly handling significant legal matters however they want.

So my answer is YES stupid courts do stupid things.

So you need to hire an attorney to go in and clean up the mess you have created.

Never handle a legal matter yourself not even a traffic ticket because ultimately whatever can go wrong will go wrong.

Sincerely,

Erick Platten

PLATTEN LAW OFFICE

STATE WIDE REPRESENTATION

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Answered on 2/25/08, 1:21 am


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