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  1. #1
    Join Date
    Dec 2005
    Location
    texas
    Posts
    11

    Default Clearing My Record In Texas

    Need some guidance...here is a brief history

    1. issued checks for use of county space with the county park
    2. was told a few days later the space was double booked
    3. we could not use the alternative space so we said no thanks and stopped payment on checks for breach of contract
    4. they said we had to honor the checks we had a contract we said no way you did not perform
    5. they sent many letters demanding pmt and we replied that we stopped payment for failure to perform
    6. they turned the checks over to county for hot checks
    7. they issued a warrant
    8. I told the deputy this was a civil matter and he said i had to pay the checks 1st and then take it up with the DA
    9. I paid checks and fees now there is a class c misdomeanor on my record and I was told I could nto get it changed since it has been longer than 10 days
    10. Found on their web page that checks with stop payment are a civil issue


    What are my options? File a suit? Expungement? REason with them?

    I'm trying to find copies of the checks to show the "stop payment" and go talk to the Justice of the Peace or DA and see if they can simply get an order to fix this...not sure what they would call it...is this possible?

    What should I do? Can't afford an attorney.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Bad Check Charge

    You mean you were convicted of the class c misdemeanor? (By trial or plea?) Or are you complaining only of an arrest record?

  3. #3
    Join Date
    Dec 2005
    Location
    texas
    Posts
    11

    Default

    Well by paying the checks and fee I unknowingly pleaded nolo.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Nolo Contendere Plea

    How long ago was the plea (inadvertently) entered?

  5. #5
    Join Date
    Dec 2005
    Location
    texas
    Posts
    11

    Default

    The checks are from 10/04, the warrant was issued 8/15/05 and the payment and so called "plea" was 9/7/05. Checks were $150 and $125 so fall under class c mis, and the fees were $185 each. I was informed today when I found out about the record that I had 10 days to change the plea...but I was not aware when I paid that I was making a plea of "nolo" and it would appear on my record...i told him it was a civil issue and he said I had to pay or be arrested and to take it up with the DA afterward..It should have neve been a criminal issue to begin with.

    Important to note...I forgot to say that this was a business transaction. My wifes business contracted to use property that was double booked. She canceled the contract since they could not provide what we had requested and stopped payment on the check that had our business name on it.

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Post-Sentence Relief

    The longer you wait, the harder it will be to avail yourself of any remedies. Have you talked to a criminal defense lawyer about the possibility of bringing a motion before the court to have your plea set aside?

  7. #7
    Join Date
    Dec 2005
    Location
    texas
    Posts
    11

    Default

    I just became aware of this on Wednesday so I am all over this...I have asked to talk to the DA on Tuesday next week at 9:30. Do they usually have anything against things like this? It is in a JP court and they get assigned an asst DA each week to prosecute cases...

    I'm a CPA and fairly knowledgeable about the law in some areas...is this something I can do myself?

  8. #8
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Getting Conviction Set Aside

    DA's are people. Some will go out of their way for you, some are jerks, and most fall in the middle. If you're lucky, the guy will agree on Tuesday that your plea should be set aside, and perhaps even bring a motion before the court to reopen the matter or to substitute a dismissal for the plea. If you're not lucky, you're probably no worse off for trying....

  9. #9
    Join Date
    Dec 2005
    Location
    texas
    Posts
    11

    Default

    Thank you Mr Knowitall...I feel so much better about this...I knew I could do something to get this set aside but not being an attorney did not know the procedure and I need to get it set aside very soon as I will be offered a job here soon and I need this to go away!

  10. #10
    Join Date
    Dec 2005
    Location
    texas
    Posts
    11

    Default

    Okay I am a bit confused but maybe not as much as the DA. I went in and explained my situation...some how I was on the docket simply by requesting a copy of my file. Nad he believed we needed to settle the criminal part...Not sure how that worked out except maybe the lady put it in the wrong stack..

    I spoke to the DA and he said the civil part comes after paying the checks and getting restitution through the court. I told him this shoudl not even be on the docket that it was taken care of back in September checks were paid and the warrants were returned then? He said he the best he could do would be give me 60 day deferred and then it would be dismissed. I explained the job thing and wanting expungement and he said since it was a class c it would no show up since it was a fine and there was no arrest nor is there jail time involved....I reminded him that this was a business deal and felt there was a breach of contract so I stopped payment...he said that I still had to pay the checks and if I wanted restitution I had to go though civil court...he then said he would do 30 days.

    I figured he was really confused and I am too...so I agreed to a 30 deferred adjudication and it will be dismissed...am I better off? Worst case I think I have reopened the issue and I now again have 10 days to change my plea???

    Are you confused as much as I am? :?:

    Worth noting he was a very young kid!

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