Legal Question in Criminal Law in Texas

wrongful in prisonment

Son was sentenced to prison on charges of sexual conduct with a child. Was told to take a plea by attorney. There was never any investigtion every done into either parties. How do we go about getting help to get him out of prison? Attorney tried to convince us that person is guilty of the offense. We just need help to prove that he did not commit this crime against a child. We don't think lawyer had best instrest on son in court. How do we go about proving or getting help to prove innocence of son.


Asked on 9/01/08, 3:56 pm

2 Answers from Attorneys
Stephen Gustitis Criminal Defense Lawyer

Re: wrongful in prisonment

If your son was sentenced within the past 30 days, you must hire a qualified criminal defense lawyer to investigate possible issues for a motion for new trial. Please note the motion must be filed within 30 days of sentencing or the issues are waived. If you son was sentenced more than 30 days ago, the only other possible avenue of attack would be through the writ of habeas corpus. Again, contact a qualified criminal defense lawyer right away to discuss this important option.

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Answered on 9/01/08, 4:37 pm
TC Langford Langford Law Office

Re: wrongful in prisonment

You start by getting a complete copy of his file, and retaining an attorney to review the file to see if there are grounds for appeal. There are strict deadlines, and if nothing has been done so far, you only have 30 days from the date judgment was imposed. If that time has passed, there may be some (rarely) other routes available.

Know that if he entered a plea, his options are extremely limited, as it is common to waive appeal when entering a plea.

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Answered on 9/01/08, 4:04 pm


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