Legal Question in Criminal Law in Texas

IN RE: RISK LEVEL

On July 29, 2010, I was in my backyard naked talking on the phone, and the neighbor�s 16-year-old son and two of his friends came home from wherever they had been and saw me. I was charged with Indecency with a Child by Exposure.

Alexandra M. Gauthier, my court appointed attorney, told me that the prosecutor offered me 10 years deferred, but that I should not accept it because the next month she would get the charge dropped down to Indecent Exposure. The next month, she came back and told me that the prosecutor had found out about robberies I had been convicted of in Washington State in 1983 and 1987, and changed the offer to three years in TDCJ. I told Ms. Gauthier that I would take it to trial.

She told me I should accept the offer because I would be convicted due to the robberies and the prosecutor would give me ten years, and she would enhance it and add 25 more years to the charge. She also said that I would only have to do one of the three years and I had already been in jail for eight months so I would only spend a few months in prison, and I would only have to register as a sex offender for nine years.

I took her advice and ended up doing all three years. Before my release, the officers at the Goree Unit informed me that I was classified as High Risk because the prosecutor had given each of the three teenagers a different Cause Number, making it appear on paper that I had committed the crime three separate times.

Alexandra M. Gauthier knew or should have known what the prosecutor was doing, and what the outcome would be. If I had known this beforehand, I would have taken it to trial.

Is there anything I can do about this?


Asked on 8/18/11, 8:17 pm

1 Answer from Attorneys
DOROTHY "Dot" MEINDOK, Esq. CLS Meindok Legal

Your case needs more than a blanket internet answer. I am not saying you have a case or not. It is worth looking into for your own piece of mind with respect to POSSIBLE legal malpractice and POSSIBLE ineffective counsel. Those are really two very hard things to prove. I would seek out an attorney that sues attorneys. They are usually very proud folks and easy to find. They practice what is called attorney or legal malpractice.

The possibility of overturning anything and changing any records (pertaining to the convictions themselves) is more than a long shot. Because upon pleading you told the Judge that you understood the charges against you and agreed to the deal. To say you did not now will not likely hold up unless you are mentally challenged were forced under duress etc... and by your inquiry alone - it does not appear to be the case here.

Your only recourse may be to sue the attorney for malpractice. But, really what would you get out of it? It appears that she did what she thought was your best option and acted only on your approval. Now, I understand you approved because you thought (as you stated) it was only one cause of action and so on. Honestly, however - you have to show actual damages in order to collect even if she is found to have messed up.

This appears to be an uphill battle that may be best handled by working through and moving on. You would need a lot of money to take this on and would likely still end up losing and even angrier than you are now (in my opinion, but I am not a Texas attorney nor do I practice malpractice suits against attorneys).

Good luck to you.

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Answered on 8/19/11, 5:16 pm


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