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Trespass of Habitation while Homeless

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serriaman

Junior Member
What is the name of your state (only U.S. law)? TEXAS LAW...Harris County
I was homeless and living under an Freeway Overpass in Houston Texas in 2005. I was arrested and convicted of a Class B Misdemeanour..Final Charge was TRESPASS PROPERTY / BUILDING NO DEPART: FINAL CLASS B
I entered a guilty plea so I could get out of jail. I was told I would be in jail many months waiting to come to trial if I plead 'not-guilty'.
I think this is pretty unjust, but then I don't write laws. Can I ask to re-open and re-examine this case for a possible dissmissal of this case?
 


Sorry, your plea pretty much sealed the deal. Just as it did in 1894 when Anatole France wrote The Red Lilly, from where my signature is taken.
 

serriaman

Junior Member
If you do not know..you should not comment...I appreciate that you made an effort to comment. But there are options which I have already found out. I am searching for a knowledgeable forum answer. In any case I have a Lawyer looking into this already.

thank-you,
serriaman
 

>Charlotte<

Lurker
Telling posters they're wrong implies you already know the answer. If you already know the answer, what are you doing here?

If you want free help you might want to bring the attitude down about three clicks.
 

serriaman

Junior Member
There are quite a few advice sites on the Internet, which may offer detailed analysis of your specific situation, sometimes for free and sometimes for a fee. Many of these sites entertain legal questions. Please do not confuse the type of information you can obtain from a service of this type with true legal advice. Most such services disclaim that the advice they provide is not from lawyers, and that you cannot rely upon the advice you receive.

The advantage of obtaining advice from a licensed, practicing lawyer is that you can rely upon the advice, and you have recourse if the advice is provided in a negligent manner. When you get advice on a legal subject from a non-lawyer, the non-lawyer may not even understand the issues under discussion, or how a court would treat those issues. That is, you may be getting "advice" that is nothing more than an uneducated guess. And you typically have no recourse or remedy when that advice turns out to be worthless, or where it is actually harmful.
 
What is the solution you have discovered? While there are possibilities, you pled guilty to a crime, I assume an allocution and, not, what?

What did your lawyer tell you? Did he talk of expungment? Or, what? Please, give us your legal remedy as given you by an attorney to make your conviction as expressed by your plea and substantive evidence go away.
 

Proserpina

Senior Member
There are quite a few advice sites on the Internet, which may offer detailed analysis of your specific situation, sometimes for free and sometimes for a fee. Many of these sites entertain legal questions. Please do not confuse the type of information you can obtain from a service of this type with true legal advice. Most such services disclaim that the advice they provide is not from lawyers, and that you cannot rely upon the advice you receive.

The advantage of obtaining advice from a licensed, practicing lawyer is that you can rely upon the advice, and you have recourse if the advice is provided in a negligent manner. When you get advice on a legal subject from a non-lawyer, the non-lawyer may not even understand the issues under discussion, or how a court would treat those issues. That is, you may be getting "advice" that is nothing more than an uneducated guess. And you typically have no recourse or remedy when that advice turns out to be worthless, or where it is actually harmful.

And your point would be..what? You DID read the TOS here before you posted, right?
 

>Charlotte<

Lurker
And your point would be..what?
I think his point is that the members of this site have no clue what they're talking about. Which doesn't explain why he came here for advice. And that he has a lawyer. Which doesn't explain why he came here for advice. And he's already found a "solution". Which doesn't explain why he came here for advice.
 

Proserpina

Senior Member
I think his point is that the members of this site have no clue what they're talking about. Which doesn't explain why he came here for advice. And that he has a lawyer. Which doesn't explain why he came here for advice. And he's already found a "solution". Which doesn't explain why he came here for advice.

We should maybe start keeping a tally of such guests....y'know, the ones who hate what they've been told and tell us that we all suck and that they have an attorney who goshdarnit disagrees with what has been said here?

We could call it the Tally Oh Gee!
 

serriaman

Junior Member
no wonder the americans are dispised by the world. such arogance and pontificate attitudes..You spend your time patting yourselves on the back for the clever ways you can step on your fellow man. Don't ask why the terrorist are coming here...you wave the red flag, children of a lessor God.
 

CavemanLawyer

Senior Member
All you can do is file a post conviction writ alleging that your plea of guilty was not made voluntarily. The writ would be filed in the court where you were convicted out of. You can possibly get a form for this as the county clerk's office.

The truth is that you really don't have grounds for a new trial. You have a right to bail when arrested, you do not have a right to be free from incarceration while awaiting trial. There is no way to prove that your plea was based entirely on your circumstances and not on your actual guilt, especially since the paperwork and the court's admonishment is going to say somewhere that you are pleading guilty because you are guilty.
 

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