Withdrawing Plea Post Adjudication

Summary

Withdrawing a plea deal in Texas after completing deferred adjudication is difficult. Legal grounds for withdrawal include ineffective assistance of counsel, coercion, involuntary plea, new exonerating evidence, misunderstanding of plea terms, or prosecutorial misconduct. Obtaining the original affidavit used for search and seizure is advisable, especially if there are issues with the process. If the original investigator was later convicted of federal crimes, it could impact the integrity of the investigation and evidence. Consulting with a lawyer is recommended to evaluate these factors and gather necessary documentation.

Full Conversation

please list the complete list of reason i could argue to withdrawl a plea deal
In Texas, here are some reasons you might argue to withdraw a plea deal:
- Ineffective assistance of counsel
- Coercion or duress
- Involuntary plea
- New evidence that could exonerate you
- Misunderstanding or misrepresentation of the plea deal terms
- Prosecutorial misconduct
Have you identified any of these issues in your case?
should i get a copy of the original affidavit that the judge used to authorise the search and seizure?
Yes, obtaining a copy of the original affidavit can be important. It may contain details that could support your case, especially if there were any issues with the search and seizure process.
Have you identified any specific issues with the search and seizure that might support your argument?
The original investigator undercover peace officer was convicted of federal crimes a few years later
If the original investigator was later convicted of federal crimes, it might be grounds to question the integrity of the investigation and the evidence against you. Here are some steps you might consider:
- Obtain the original affidavit and any related documents.
- Consult with a lawyer to evaluate the impact of the investigator's conviction on your case.
Have you already gathered any evidence or documentation regarding the investigator's conviction?