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Help overturning a plea deal 25 years old due to new information Appeal, Pardon, Motion, Writ

Discussion in 'Criminal Records, Expungement' started by Johnny2kool2121, Dec 10, 2020.

  1. Johnny2kool2121

    Johnny2kool2121 Law Topic Starter New Member

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    My name is Johnny Z..in 1996 I was convicted of sexual assault of a child...it was a statutory rape case Wich the D,A went back and said the crime was committed on July 1 1994.. This girl Melissa L was my girlfriend, we even had a baby together.. they charged me cause of the fact that she was 16.. The age of consent was 17 in Texas..I only recently found out in prison that I should of not been charged cause penal code 22.011 had an affermitive defense clause..a three year limition of age that would of took me out of the guidelines of prosecution.. At the time of committed offense I was 18 years old and 9 months.. She was 16 and 2 months . We were 2 years and 7 months difference in age.. I've been registering for 25 years the humiliation of being a sex offender when I shouldn't have even been one, cause of my attorneys eneffective assistance of counsel. He and the D,A should of known this and still charged me. I only found this later on in life that all this shouldn't of happened.. Im freshly out of prison and on parole on an ankle monitor..I can only go to work and back home..I can't even go to my mom's house to see her until I get off the monitor..I need help getting this overturned with a criminal attorney or a civil attorney.. But I don't have the means and the future is looking bleak..I wanna make a statement in Texas that they can't keep doing stuff like this to people who were doing good in life and they destroyed there lives just to get a conviction .if u can help with a lawyer or financially to go get one.. I'm sorry I'm desperate and really need a miracle..I know this a long shot but. thank you

    (personal info redacted for YOUR protection)

    Always be SAFE on the 'net.
     
  2. army judge

    army judge Super Moderator

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    Plea deals can't be undone, if you were admonished by the judge on the record in open court, your attorney was present, and you SIGNED the deal; the plea deal is as good as 24 k gold.

    The best you can dream about is a pardon from the governor.

    Your case has no legal basis on which it can be overturned.

    I'm a licensed attorney in Texas and a retired district court judge. I know of what I type, mate.

    Good luck as you work to successfully complete your parole. As long as you're on their paper, you must follow their rules, or risk being returned to one of their prisons.
     
    hrforme and Disabled Vet like this.
  3. Johnny2kool2121

    Johnny2kool2121 Law Topic Starter New Member

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    Thank you army judge.. But I talked to another lawyer and said that the three year limition should of been brought up and said that new evidence could bring this back to square one, cause of my attorneys eneffective assistance of counsel. I'm in contact right now with the Texas innocence project, and the Texas A&M school of law. Only problem is they also want a licensed criminal attorney on the case as well.. And that's what I'm working on at the moment. My finances isn't as good as I want it to be. But thank you so much judge, and your probly right on what you say, but of course my hard headed self at the moment is taking no for an answer, and is focused on finding an answer thru civil rights people and programs, cause in my opinion, the law can't be like this, even when it's written right there in Black and White.. If u give me your email address judge I'll tell u what I mean, don't take me wrong, I do appreciate your info judge, I really do, but I'm going all in, cause they cant keep doing this kind of thing. If it's gonna me just me against the state of Texas.. Then I'm fine with it.. Thank you so much judge on your input
     
  4. Zigner

    Zigner Well-Known Member

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    The law in effect on 7/1/1994 had a 2-year age difference. It wasn't changed until SB1067 from the 73(R) legislative session which became effective in September of 1994.
     
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  5. Tax Counsel

    Tax Counsel Well-Known Member

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    Given that, and that plea agreements generally cannot be undone, the OP likely cannot get the conviction overturned or get off the parole early. But what I see in my search on the issue suggests that Texas law does allow for persons convicted prior to the change to the 3 year rule to be relieved of the sex registration requirement if the 3 year rule would have applied in their situation. So if nothing else, he may at least be able to avoid having to be a registered sex offender for the rest of his life.
     
    Last edited: Dec 11, 2020
  6. army judge

    army judge Super Moderator

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    You've described an affirmative defense, mate.

    However, the defendant must assert the defense.

    The plea deal is impossible to crack if it was executed properly.

    If you believe you've been treated unjustly, you're doing the right thing by pursuing a just result.

    That said, I understand your concerns, but steel yourself for a result you won't like.
     
  7. Johnny2kool2121

    Johnny2kool2121 Law Topic Starter New Member

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    Thank you so much for your info sir.. Let me ask you one more thing. Our daughter was born on March 1995... Right after I signed the birth certificate was I under investigation.cause I guess the hospital and the D.A had some sort of agreement when such an age difference comes thru there to report it .I was convicted on may 6,1996. notice on her birthday the D A went back exactly 9 months to convict me..I got 6 years probation completed and discharged in 2002 and required to register for life ..when I was on probation my probation officer told me I wasn't required to register for life..and in 2017 I was charged with failure to comply with registration cause I failed to report an address change in 7 days..I got four years TDCJ..did about two years and parole on the rest. That's why I was in prison. I heard there was a relief clause that would help me with all this.. What are the steps to get off the registry that's one of my focuses as well? Thank you sir
     
  8. Johnny2kool2121

    Johnny2kool2121 Law Topic Starter New Member

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    Thank you so much for your info sir.. Let me ask you one more thing. Our daughter was born on March 1995... Right after I signed the birth certificate was I under investigation.cause I guess the hospital and the D.A had some sort of agreement when such an age difference comes thru there to report it .I was convicted on may 6,1996. notice on her birthday the D A went back exactly 9 months to convict me..I got 6 years probation completed and discharged in 2002 and required to register for life ..when I was on probation my probation officer told me I wasn't required to register for life..and in 2017 I was charged with failure to comply with registration cause I failed to report an address change in 7 days..I got four years TDCJ..did about two years and parole on the rest. That's why I was in prison. I heard there was a relief clause that would help me with all this.. What are the steps to get off the registry that's one of my focuses as well? Thank you sir
     
  9. Zigner

    Zigner Well-Known Member

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    You need to speak to an attorney.
     
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  10. justblue

    justblue Well-Known Member

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    To clarify one thing for you: Medical personal, by law, are mandated reporters. That means when they have knowledge of child abuse, either sexual or psychical, they must report it. When you signed the AOP you admitted to statutory rape of this girl. There was no "agreement" between the hospital staff and the DA. The law dictates such reporting..
     
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  11. Johnny2kool2121

    Johnny2kool2121 Law Topic Starter New Member

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    Thank you zigner..I really appreciate it.
     
  12. army judge

    army judge Super Moderator

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    Have you ever requested DNA testing to scientifically determine if the baby (now child) is yours?

    Your signature on the AOP could be nullified IF a DNA test revealed that (as Maury Povich often says), "You are NOT the father!"

    A man never really knows IF he's the "baby daddy" until he receives the results of a paternity test.

    If I were sitting in your seat, I'd take the shot.

    One more thought, if you aren't the father (proven by a paternity test), would it be possible for anyone to PROVE you and she had intercourse???
     
  13. Zigner

    Zigner Well-Known Member

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    To what end?
    The "child" in question is now 25 (almost 26) years old.
    The "proof" of the intercourse is the AOP as well as the admission in court.

    EDIT: Even if the effectivity of the AOP were to be nullified at this late date (I have my doubts), it doesn't change the fact that he signed it, thus admitting to the act.
     
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  14. army judge

    army judge Super Moderator

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    If a person is drowning, it never hurts to throw the individual a life line, as in a ray of hope.

    I remain averse to kicking or harming those individuals who are fighting for life or freedom.

    If you've ever practiced law in any Texas district Court, perhaps you'd understand.

    In Texas, signing a birth certificate doesn't establish paternity. In fact, a purported legal father of a child who is not married to the mother will not be able to even sign the birth certificate until he signs a voluntary acknowledgment of paternity (AOP).

    A married man is presumed to be the father if he is married to the mother or was married to her more than 300 days before your child’s birth. You can rebut this presumption by demonstrating that you did not have sexual relations with the mother during the period of conception or by submitting to a genetic test. The biological father may also acknowledge paternity at the time you rebut the presumption.

    Although the statute of limitations is generally four years, a 2011 Texas law may permit you to challenge the presumption at any time in the child’s life. In the past, you would have been required to continue paying child support regardless of whether you were conclusively found to be the father. Texas Senate Bill 785 provides relief to men who were misled into accepting paternity.

    Paternity by acknowledgment occurred if you and the mother signed a document affirming that you are the father. You may have had good intentions to step up to the plate and take care of your child only to later learn you are in fact not the father. You can rescind the document within 60 days or upon a showing of fraud, duress or mistake.

    Texas Senate Bill 785 amended the Texas Family Code to allow a man to challenge the parent-child relationship if he mistakenly believed he was the biological father based upon misleading information or misrepresentation. The law applies if the man signed an acknowledgment of paternity or if the man was adjudicated to be the father without first getting a DNA test. You must file an action within one year from the date you FIRST learn about the relevant facts being revealed.
     
  15. Zigner

    Zigner Well-Known Member

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    I understand how the AOP works - it's very similar to how it works in many (most?) other states.

    When the OP signed that AOP, he acknowledged that he had sex with the girl. Even if paternity were to be overturned, it does not change that acknowledgment. Furthermore, he acknowledged then (and continues to acknowledge) that he committed the act of which he was accused.
    He is not going to get his conviction overturned. As was mentioned above, he should work towards having the lifetime registration requirement overturned, if possible.
     
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  16. flyingron

    flyingron Well-Known Member

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    Yep, you can have a law completely repealed, and unless the action that repealed it provides for vacating prior convictions, you are stuck with it. It was illegal at the time. Believe me, I've seen people convicted of laws that were repealed prior to their trial, but were in effect at the time they committed the offense.
     

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