What is the name of your state? TEXAS
I want to know if a plea bargain (charge bargain) can be backed out? At the time of the agreement, we had no proof (case of he said she said Sexual Assault) He has been on probation now for almost 2 years.
Now, a year after signing the plea agreement we have the complainant on tape (which is legal in Texas- one party knew about the recording) admitting to related deceptive practices, in addition her statements on our tape actually collaborate the defendants original statement/aliby - which were not part of her original complaint to the police. (Obviously intentionally left out for her benefit.)
Could this be new evidence that wasn't available at the time of the plea? I know that you can get an appeal based on new evidence not available at the time of a trial, but what if it never went to trial?
I was told that we could avoid the whole appeal process if the judge, sheriff, and DA, would agree to back out the plea based on the new evidence. Is this true, and how do we proceed? Is it worth it?
I want to know if a plea bargain (charge bargain) can be backed out? At the time of the agreement, we had no proof (case of he said she said Sexual Assault) He has been on probation now for almost 2 years.
Now, a year after signing the plea agreement we have the complainant on tape (which is legal in Texas- one party knew about the recording) admitting to related deceptive practices, in addition her statements on our tape actually collaborate the defendants original statement/aliby - which were not part of her original complaint to the police. (Obviously intentionally left out for her benefit.)
Could this be new evidence that wasn't available at the time of the plea? I know that you can get an appeal based on new evidence not available at the time of a trial, but what if it never went to trial?
I was told that we could avoid the whole appeal process if the judge, sheriff, and DA, would agree to back out the plea based on the new evidence. Is this true, and how do we proceed? Is it worth it?