Legal Question in Criminal Law in Texas

Withdrawing a plea

Can my son withdraw his plea for insufficient counsel if the attorney told my son they had a lab report and we find out they do not have a lab report and he didn't file a 1244a on his first drug offense of less than 1 gram which is going to mean he would be stuck with a felony the rest of his life, it wasn't marked deferred. He did plead guilty under this understanding. He was sentenced to 6 months rehab and has been sitting in jail for 5 months waiting on a bed. This is a legal mess.


Asked on 6/17/09, 9:50 pm

1 Answer from Attorneys
adrienne dunn Law Office of Adrienne Dunn

Re: Withdrawing a plea

Your son cannot withdraw his guilty plea. He can, however, challenge it through a writ a habeas corpus. In the writ, your son can allege that he was provided ineffective assistance of counsel and that he is actually innocent. It is best to hire a lawyer to handle the writ.

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Answered on 6/18/09, 10:29 am


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