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  #1  
Old 01-02-2019, 08:42 AM
thevenote5 thevenote5 is offline
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Default Finding post conviction relief in TEXAS

My friend is in Tdcj for. 3 oz of meth firstvshe was charged with a Manufacturing and delivery charge in Mineral wells texas then they upgraded it to organized crime .. Her very first charge for anything not even a speeding ticket.. She was indicted with 9 other people that she had nothing to do with..no texts mo phone records nothing people that gave false statements had more past charges got less time.. They gave her 35 yrs if she had not signed for that they were going to give her 60.. She was represented by a court appointed attorney that she spent all of 20 minutes with.. She paid an attorney he ran off with her money... Does anybody have any suggestions i have tried EVERYTHING.. Innocence project.. Law schools .etc.. And does any body know the credibility of NPLA NATIONAL PROFFESIONAL LAWYERS ASSOCIATION.. THEY SAY THEY CAN GET HER OUT..
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Old 01-02-2019, 05:33 PM
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I'm sorry she received such a long sentence. Ridiculous! I hope you find some help, I don't know much that association. Good luck!
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Old 01-12-2019, 12:06 PM
CenTexLyn CenTexLyn is offline
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Having taken a plea, she won't get very far with appellate action. She waived the rights to appeal. The prosecutor does not GIVE ANY defendant ANY amount of time. The prosecutor CAN indicate the sentence they intend to request from a jury if a case goes to trial, but the sentencing range on a first-degree felony is five years to 99 or life. Probation would also have been an option from the jury. Despite this, she CHOSE to waive her rights.



The ONE potential avenue that MIGHT exist is if they did not properly explain the parole ramifications of the plea as it relates to drug-free zones and also the changes related to engaging in organized criminal activities.



Three ounces of meth is not child's play. That is a substantial amount of an addictive drug. It is consistent with the sales of the substance and also demonstrates it was not her first involvement with meth.



Being represented by court-appointed counsel means little. Texas typically appoints from the wheel, meaning that same attorney is one that could have been selected by a defendant who was simply working their way through the phone book. Where there are no triable issues of fact, there is less time that will be spent with the client, even on a private-pay case. The ONLY issue at that point comes to issues for mitigation, but mitigation was waived here precisely because she chose to take the plea offer.
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Old 01-12-2019, 12:15 PM
thevenote5 thevenote5 is offline
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She was not in a drug free zone, how bout a writ? Or Finding some holes in her case?the witnesses or narc they had lied about katherines involvement.. Their has got to be something a time reduction? This is her first time. Do they consider this a. Non violent drug charge? i know her paperwork says non agg. I know its 3 g in TEXAS... can her representation be looked at? Court procedures.. Look i dont want to leave any stone un turned. THANKS
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Old 01-12-2019, 02:10 PM
KiwiPP KiwiPP is offline
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She will need to hire an attorney the specialises in Post Conviction Relief. PCR is a long, complicated and arduous process. Good luck to your friend x
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Old 03-23-2019, 03:06 PM
thevenote5 thevenote5 is offline
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Default Post conviction relief or Help

Does anybody know of anybody that can help by looking into a persons case to see if procedures were followed correctly offender was charged in 1 county for manufacturing and delivery then takin to another county and charged with organized crime by communication which was not the case .. No text or phone calls on her phone. To other defendent in case
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Old 03-24-2019, 03:43 AM
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Hi there - I merged your post from today to your previous thread because this appears to be about the same issue.
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Old 09-18-2019, 01:07 PM
bayleem13 bayleem13 is offline
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Has anybody actually successfully got the LO sentence lowered? My dude got 25 years for aggravated robbery... They offered him two deals, he didn't take them (I wasn't around at the time) instead took it to trial and they gave him more than the two deals were. He's about 2 years in, tried to appeal and nothing. What is there left that I can do?
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Old 09-18-2019, 02:05 PM
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And so he filed an appeal and lost, huh? Hmm....I don't know that there is anything beyond that in terms of legal recourse that can be done. The appeal process is complicated and I don't know much about it. I've seen several men in TDCJ attempt to go through the courts concerning the same issue of trying to give back a sentence and for the most part I've seen very few over the years that did it. There are some sharp individuals here on PTO so, lets see what they have to add.
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Old 09-18-2019, 02:38 PM
bayleem13 bayleem13 is offline
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Quote:
Originally Posted by Firebrand View Post
And so he filed an appeal and lost, huh? Hmm....I don't know that there is anything beyond that in terms of legal recourse that can be done. The appeal process is complicated and I don't know much about it. I've seen several men in TDCJ attempt to go through the courts concerning the same issue of trying to give back a sentence and for the most part I've seen very few over the years that did it. There are some sharp individuals here on PTO so, lets see what they have to add.

Yeah unfortunately he lost... They said he should of spoke up at the trial. I'm pretty sure he didn't want to speak up and get more than 25 years...
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