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  1. #1
    Join Date
    Mar 2006
    Location
    Texas
    Posts
    3

    Default Misinformed about plea of no contest

    My husband went to his arraignment for assualt with b.i. and was offered a reduction from a class A misdemenor to a Class C and a 200.00 fine. Our attorney said that once he paid the fine it would be considered deferred adjudication and the case would be dismissed and it would be expunged. When the court papers were sent for him to sign it said nothing about Deferred adj. nor being dismissed, it just said he pleaded nolo contendre/guilty and there was an x next to a line that said guilty as charged. Now he finds out that it will be on his record and that the attorney is not sure about a class a to c being expunged, he has not signed the papers yet. Also, he asked the attorney if he got to look at my husbands file that the prosecutor had and he said no, he didn't even see the police record. We had witnessess to our case and my husband would never have opted for a plea of no contest if he thought it would be on his record. He has never even had so much as a traffic violation in the 20 years we have lived in our county. What do you think? can it be expunged? or being that we have witnesses and know for fact they were never interviewed go to trial? he feels that if the prosecuting atty knew there were witnesses and his assault was a result of someone trying to drive off in his vehicle (protecting his property) that the prosecutor would have possibly dismissed the case or something that would result in it not being on his record.

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

    Default

    He signed a written contract detailing the exact plea agreement before he entered his plea?

  3. #3
    Join Date
    Mar 2006
    Location
    Texas
    Posts
    3

    Default

    Not to my knowledge, we received a court document from the attorney for him to sign and it shows guilty as charged but the charges being assault/contact which I am being told is a class c.
    He signed the papers this a.m. and I dropped them off at the attorneys office. I did leave him a note with the papers saying that it was our understanding that it was going to go from a class a to a class c. That upon receipt of the fine/court fees it will be considered deferred adjudication and that the case will be dismissed and that the attorney would try to get the case expunged or sealed. I also talked to the atty verbally this a.m. and he said what I understood was correct. In the note I left with the papers I informed him that if once he goes to the county atty. and this is not the case to notify us immediately before he turns over any papers. What do you think?

  4. #4
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default

    If the plea isn't even final yet, he doesn't have much of a complaint. The plea bargain will be what he agrees to.

  5. #5
    Join Date
    Mar 2006
    Location
    Texas
    Posts
    3

    Default

    I guess he decided to take the plea. Thanks for your help.

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