Withdrawing My Deferred Adjudication Plea?

[nwhoustonrich]

In September 2019, I was arrested and charged with a felony in Texas. After posting bond and complying with pretrial services, my case was formally indicted in May 2020. I was then arraigned in April 2021.

At the time, I had no money to hire an attorney but the court ordered I did not qualify for a court appointed attorney.

So, as I looked at the case, I noticed several things. 1) the evidence leading to my arrest was acquired unlawfully and 2) the indictment was not proper… I attempted to raise these points through filings in the court, but the Judge and District Attorney ignored my filings and pressured me between September 2021 and January 2022 to get an attorney.

I personally believe I was on to something, but they didn’t want to talk to me because I wasn’t an attorney. When showing up to court on January 27, 2022, the judge arrested me and held me with no bond until I got an attorney, the judge then went on vacation for 2 weeks.

I was forced to get an attorney who simply pled me into the system, and got me deferred adjudication. 4 years. But. The District Judge who threw me in jail was still gone by the time I accepted this plea so the hearing took place before the county court of law judge. At the same time, the district attorney was absent and sent one of his ADAs in his place.

Since February 2022, I’ve been serving the 4 year probation. During that time, I’ve been fully compliant with every condition. Paid all my dues, completed every class I was ordered to, and completed all community service restitution requirements.

I was also diagnosed with stage 4 cancer on January 17, 2023. I narrowly beat the odds and beat the cancer. And now I want to go to school and finish my degree.

I called my attorney to file a motion for early termination. He tells me the district attorney called him and told him “everything I did” in court (in other words, how I was essentially defending myself pro se and wouldn’t go along with their little game of plea bargain after plea bargain, how I tried to take down their case but they ignored me) and they’re still mad at me.

My hearing is July 11. I just want to put this behind me. I have a feeling they’re going to strike down my motion because of the past and are going to completely ignore my record while on probation.

If they deny my motion, is there a way to withdraw my plea, reopen this case, and take it to trial?

I didn’t have money back then, but I do now, and if I could reopen the case somehow, I know I can destroy this case.

 

[adjusterjack]

If they deny my motion, is there a way to withdraw my plea, reopen this case, and take it to trial?

You have an attorney. Ask him.

 

[quincy]

In September 2019, I was arrested and charged with a felony in Texas. After posting bond and complying with pretrial services, my case was formally indicted in May 2020. I was then arraigned in April 2021.

At the time, I had no money to hire an attorney but the court ordered I did not qualify for a court appointed attorney.

So, as I looked at the case, I noticed several things. 1) the evidence leading to my arrest was acquired unlawfully and 2) the indictment was not proper… I attempted to raise these points through filings in the court, but the Judge and District Attorney ignored my filings and pressured me between September 2021 and January 2022 to get an attorney.

I personally believe I was on to something, but they didn’t want to talk to me because I wasn’t an attorney. When showing up to court on January 27, 2022, the judge arrested me and held me with no bond until I got an attorney, the judge then went on vacation for 2 weeks.

I was forced to get an attorney who simply pled me into the system, and got me deferred adjudication. 4 years. But. The District Judge who threw me in jail was still gone by the time I accepted this plea so the hearing took place before the county court of law judge. At the same time, the district attorney was absent and sent one of his ADAs in his place.

Since February 2022, I’ve been serving the 4 year probation. During that time, I’ve been fully compliant with every condition. Paid all my dues, completed every class I was ordered to, and completed all community service restitution requirements.

I was also diagnosed with stage 4 cancer on January 17, 2023. I narrowly beat the odds and beat the cancer. And now I want to go to school and finish my degree.

I called my attorney to file a motion for early termination. He tells me the district attorney called him and told him “everything I did” in court (in other words, how I was essentially defending myself pro se and wouldn’t go along with their little game of plea bargain after plea bargain, how I tried to take down their case but they ignored me) and they’re still mad at me.

My hearing is July 11. I just want to put this behind me. I have a feeling they’re going to strike down my motion because of the past and are going to completely ignore my record while on probation.

If they deny my motion, is there a way to withdraw my plea, reopen this case, and take it to trial?

I didn’t have money back then, but I do now, and if I could reopen the case somehow, I know I can destroy this case.

Your charge(s) will be dismissed upon satisfactory completion of the terms of your probation, correct? And you are motioning now for an early termination of probation because you have satisfied all of the terms of your probation 2 years into your 4-year probationary period?

Part of your probation is to remain offense-free for 4 years, so your motion for early release could very well be denied - and I am not seeing any advantage to you at this point of challenging the original charge(s).

I would wait to see if your motion is denied or not before thinking of challenging the original charge(s). You pleaded guilty to the charge(s) in order to receive the deferred adjudication and that guilty plea is going to be difficult to argue two years after the fact.

You should discuss this with your attorney but I see no reason why you can’t continue with your plans to attend school to finish your degree while on probation.