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  1. #1

    Default Constitutional Rights Denied

    I am submitting this thread because I need some direction and help. My father was convicted of a crime and his appeal has been denied. When he was first arrested he was considered indigent and provided a court appointed attorney (which I have been told he should not have been provided a court appointed attorney because he made bail the same night that he was arrested) The next thing was that he was unemployed when he was arrested and after making bail he was employed twice before his trial. My father told the court appointed attorney that he was employed and would like to hire another attorney. The attorney told my father that it was illegal for him to pay for a attorney since he had been provided with a court appointed attorney. After his appeal was denied I began doing some research to find that Vernon's Texas Codes Annotated states under the section Code of Criminal Procedure Chapter 1.05 Rights of the Accused that at the time that the court appointed attorney was notified that my father was employed and could afford legal counsel (not longer indigent) that the attorney should have gone before the court/judge and withdrawn representation and informed the court that my father was no longer indigent. I am not sure if the next step is to file a Writ of Habeas Corpus. Please help me. Thanks in advance

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Constitutional Rights Denied

    Hire a lawyer about the possibility of reopening the case.

    Do you have more than the alleged misrepresentation by the lawyer? Such as actual evidence (not previously presented to a jury) of innocence? Or incompetence by the court-appoined lawyer - not just your gut feeling, or dislike of the verdict, but acts a lawyer would agree constitute an abrogation of your husband's right to counsel?

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