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

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.

 

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.

 

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.

 

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.

 

You need to speak to an attorney.

 

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..

 

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???

 

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.

 

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.

 

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.

 

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.