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    bgntjohnson's Avatar
    bgntjohnson Posts: 17, Reputation: 1
    New Member
     
    #1

    Feb 9, 2010, 04:59 PM
    Hello Guys; I need your knowledgeable assistance again. I need to know if I can file
    Hello Guys; I need your knowledgeable assistance again. I need to know if I can file a "Motion to Withdraw" on my original case, after nearly 5 years on probation? I was coerced into pleading "Nolo Contendere" nearly 5 years ago without Counsel and while under the influence of alcohol and xanax. My Attorney also never addressed this in the Courtroom when I plead, before I accepted a "Deferred Adjudication". I signed the statement under duress and without Counsel present. I was also coached on the statement my the Authorities (they told to make changes that I wasn't aware of).

    I was charged with Arson of a vehicle in 2005, and to eliminate further harassment during a Child Custody Battle, I signed a statement and agreed to pay $15,000.00 for the cost of a vehicle that I was completely unaware of. I was influenced by the Authorities, along with the Spirit of Alcohol at that time the statement was written.

    I had also recently (within several years) lost my only Son to the U.S. Marines when this occurred. But today, I've been delivered from Alcoholism and is dedicated in my faith as a Christian.

    The case was never investigated. I called the Fire Marshall to find out what occurred after the news began to spread in the Family Courtroom, and to gain further information, I contacted them. They asked me to meet them at the office, and this is when I was coerced into signing a statement.

    Because the Lord has made me aware of so much during my suffering, I want to have my original charge of Arson overturned, being I was not given due process. Can this be done after nearly 5 years on probation, and $10,000.00 remaining in fines?

    This case was used to annihilate my integrity as a parent during the custody battle, between myself and a Texas Department of Public Safety Lieutenant (my little girls Dad).

    Thanks again for all your help, and God Bless Each of You, Brenda
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Feb 9, 2010, 08:39 PM

    You can't file a Motion to Withdraw. Only an attorney uses this form to withdraw his representation from a case. You being the main person in this case it is not possible.

    And after 5 years it's a bit too late to do much about this problem of yours.

    You pled guilty (No Contest) in open court of your own free will. You could have stopped at any time during those proceedings because the Judge asks you if this plea is of your own free will.

    Giving the excuse of alcohol and being drunk (possibly) and blaming everyone in sight is not the answer to your problem. You pled "No Contest" to the charges.

    You need to finish out your probation and pay off the fine or the restitution of the vehicle.

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