My question involves civil rights in the State of: Texas
I will keep it simple unless asked for specific details.
In December 2013 I was charged with Statute TC 545.157 [Passing Certain Vehicles (unlawfully passing an emergency vehicle)]. I was unaware of this law to begin with, but as the officer was informing me of this law, I knew I did not violate it. TC 545.157 states that a vehicle approaching a stopped emergency vehicle must vacate the closest lane or slow down at least 20 miles per hour under the speed limit. I was going under the speed limit and vacated the closest lane. But surely enough, I did not want to aggravate the officer or argue so I accepted the ticket and proceeded.
My parents hired an attorney to represent me. The only known interaction I had with with my attorney was the letters for delaying trial. The day came for me to go to court (my first visit) and finally meet my lawyer to discuss my plea. However, he did not show up (no call or notice) and there was about 2-3 attorneys in the court room who represented myself as well as at least 10 other individuals there. First off, is this ineffective counsel because I was never allowed to change my attorney instead of being charged and given a attorney of not my preference?
Furthermore, after the attorney's [which they were not very professional, just sitting down next to 2 or more individuals to hear their stories and writing information... Basically not taking the proper time to talk with everyone individually but trying to talk to as many as fast as possible (for the sake of their income I assume?)] "advice" for me to plead no contest because it would be the smartest even though I insisted on wanting to do not guilty because I wanted it totally off my case because I did not commit any violations. I told him I want it off my record, I made that very clear and he told me that if I plead no contest and the case was dismissed, he told me it would be expunged. So I said fine if those are the conditions, and then I signed the papers and went to pay my fines, again I asked the person whom I was giving my funds to if it would be expunged, they told me after my defensive online driving that the deferment would show up, but the record won't. Before I left I asked if I do what was required and it would be off my record and they said yes.
Now the issue arises. It is on my record, I can search my case number and it still shows up. I called the number and they told me I had to file for expungement and that the court I went to would never say what I told them.
Now I have proof of what was said because I do not take too kindly of being lied to. So what are my choices?
I will keep it simple unless asked for specific details.
In December 2013 I was charged with Statute TC 545.157 [Passing Certain Vehicles (unlawfully passing an emergency vehicle)]. I was unaware of this law to begin with, but as the officer was informing me of this law, I knew I did not violate it. TC 545.157 states that a vehicle approaching a stopped emergency vehicle must vacate the closest lane or slow down at least 20 miles per hour under the speed limit. I was going under the speed limit and vacated the closest lane. But surely enough, I did not want to aggravate the officer or argue so I accepted the ticket and proceeded.
My parents hired an attorney to represent me. The only known interaction I had with with my attorney was the letters for delaying trial. The day came for me to go to court (my first visit) and finally meet my lawyer to discuss my plea. However, he did not show up (no call or notice) and there was about 2-3 attorneys in the court room who represented myself as well as at least 10 other individuals there. First off, is this ineffective counsel because I was never allowed to change my attorney instead of being charged and given a attorney of not my preference?
Furthermore, after the attorney's [which they were not very professional, just sitting down next to 2 or more individuals to hear their stories and writing information... Basically not taking the proper time to talk with everyone individually but trying to talk to as many as fast as possible (for the sake of their income I assume?)] "advice" for me to plead no contest because it would be the smartest even though I insisted on wanting to do not guilty because I wanted it totally off my case because I did not commit any violations. I told him I want it off my record, I made that very clear and he told me that if I plead no contest and the case was dismissed, he told me it would be expunged. So I said fine if those are the conditions, and then I signed the papers and went to pay my fines, again I asked the person whom I was giving my funds to if it would be expunged, they told me after my defensive online driving that the deferment would show up, but the record won't. Before I left I asked if I do what was required and it would be off my record and they said yes.
Now the issue arises. It is on my record, I can search my case number and it still shows up. I called the number and they told me I had to file for expungement and that the court I went to would never say what I told them.
Now I have proof of what was said because I do not take too kindly of being lied to. So what are my choices?
Civil Rights Issues: Misinformed Ineffective Counsel
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