Asked 1/21/2016 – Orange, TX

Dwi with a child felony charge (2nd dwi)-I was not driving when police pulled up but was in drivers seat. The driver left the scene after getting the vehicle stuck in mud. The driver was wanted at the time, so he ran. He is the father of the child, which was immediately taken into custody. 3 citations were also written at time of arrest. There weren’t any keys in the ignition when the police pulled up, and I had just been pulled out of the mud. I have been offered 5 years of probation and 6 months of safe P prior to the probation. I have yet to be sentenced, and have not received Any documents of guilty plea or probation agreement that I signed.

Answer

The question now does not deal with the facts of the case. The question is why did you enter a plea of guilty or no contest on this case? Was a per-sentence interview performed by the probation department before the plea? At such interview, you should have explained what your conditions of probation would be. At the time you entered your plea, did the Judge ask you if you read the papers you signed? Were you asked if you understood those papers? Were you asked if you understood the rights you were giving up by signing those papers?? These are normal questions asked by a Judge when a plea is accepted. Your right to appeal is waived if the Judge accepts the plea bargain. You will have to ask your attorney to file a motion for new trial IMMEDIATELY to set aside the judgment entered. This motion must detail the grounds to set aside the agreement entered, not just “I changed my mind”. It is possible to obtain what you are describing, but you will have to jump through a few hoops and it won’t be easy.