Asked 8/10/2016 – Beaumont, TX

My nephew is presently serving 40 years, in Stiles Unit in Beaumont, Texas, for Agg Robbery and Agg Kidnapping. He says he was given the chance to accept 25 years or go to court. He decided for the court and lost and was given 40 years, obviously as a repeat offender.. He feels his lawyer did not represent him and give him the instructions to take the 25 year plea. He is due for parole 2025. He is attending school and is an excellent prisoner.

Is there a possibility to reverse the court decision and reassess the plea to 5 years because of inadequate representation? We would like a Pro Bono lawyer to review his case for reconsideration. Please advise.
Thanks in advance for your prompt attention to this matter.

Rogers
[email protected]

Answer

Is it POSSIBLE to reverse a plea bargain entered in 2006? Yes, anything is possible. Will it happen? Not likely. If the attorney informed your nephew of the option of either accepting the plea bargain offer or having a trial, the consequences of the decision lies with your nephew. It is NOT an attorney’s job to force the client to either accept a plea or have a trial. The attorney does not have a crystal ball and cannot predict the outcome of a trial any more than your nephew can. Just because the wrong decision was made does not mean an appeal should be granted.

Even if an appeal was successful, your nephew’s sentence would not be reduced to 5 years. If the plea bargain judgment was set aside, the case would be returned to the trial court and he would have to start all over again. It would not be guaranteed that the District Attorney would offer 25 years if a new trial was granted