Can I have my case dropped for a misdemeanor theft?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I have my case dropped for a misdemeanor theft?
I was convicted guilty at age 17 of a misdemeanor theft. I was not in a healthy state of mind. I was in a mental hospital prior to being incarcerated. I was in a suicidal state of mind. Do I have a chance to fight this case?
Asked on September 16, 2016 under Criminal Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If you have already been convicted of an offense, then it's not really a matter of fighting the case, it's a matter of trying to prove that you did not have the mental ability to defend yourself. If it has been more than 30 days since your conviction, you would need to file a writ to try to undo the conviction. It is very hard to successfully complete writs... but not impossible. You need to visit with an appellate attorney to see what facts are available to help you. If your defense attorney knew about your condition and did nothing to perfect an insanity defense, then you may be able to get the conviction reversed on the theory of ineffective assistance of counsel. Depending on other facts, you may be able to get it overturned on different theories. It's not an easy process, but there is some potential depending on the facts of your case and lack of action by your former defense attorney. If you did not have an attorney, this would be a factor for review as well.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.