Can a man with Class A misdemeanor, deferred adjudication family violence in TX reopen his case?

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by Grant St. Jullian III

July 15, 2016

Asked 7/14/2016 – Round Rock, TX

Can a man with a Class A misdemeanor, deferred adjudication family violence in TX get a criminal lawyer to petition a judge in the county where offense occurred to reopen his case due to extenuating circumstances that weren’t brought up in the original case over 10 years ago?

Answer

A case can be re-opened 10 years after judgment, but the time for filing an appeal or motion for new trial has expired. The only way to set aside the judgment imposed is by filing a bill of review and establishing newly discovered material evidence not known at the time of the original sentence. If the circumstance you are talking about were known 10 years ago but were not “brought up”, you will not be able to address these issues now.

About the author 

Grant St. Jullian III

Bachelor of Science in Chemical Engineering – 1979 Univ. of Pennsylvania
Doctor of Jurisprudence 1982 University of Texas @ Austin
Licensed by the Supreme Court of Texas since 1982.

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