My lawyer and her attorney

[findley109]

What is the name of your state?Texas

I was charged with attempted capital murder in 1996. I plea barganed for time served (4mths) and five years defferred adjudication.

My question is: My court appointed defense lawyer was at the same time my wife's devorce lawyer, Is this a conflict of interest; and if so, do I have any recourse after 9 years?

Also, exactly what does deffered adjudication mean and how does it work? My attorney said the charges would not show as a conviction if I completed my Probation without incedent.

 

[Kane]

First of all, if your attorney plea-bargained capital murder to deferred adjudication, she did a fantastic job for you. (You'll have to give me her name, in case I ever get in trouble - j/k)

Second, you're well past any deadlines for appealing, even if it was a good idea.

Third, if you're saying your lawyer in your capital murder charge was also representing your wife against you in a divorce proceeding, that's so inappropriate I have a hard time believing it happened. Did you know this was happening?

Fourth, the ordinary remedy of an appeal is a new trial. Are you sure you want to take another chance with the death penalty?

Finally, your attorney was correct. A deferred adjudication is not a conviction under Texas law.

 

[findley109]

Now what?

I was aware that my lawyer had me sign my divorce papers while I was still in jail and awaiting trial.

What are my legal options for this issue?
Who should I talk to about this?

My crime is showing as a conviction even though it was defferred.

Who can help me fix that?

I understand that my sentence does seem to good to be true, but the same lawyer at his office 5 days prior to me being locked up said for $1500.00 he could get the charge down to just an assault.
I was originally charge with attempted capital murder, I plead down to attempted murder. The judge even asked if the guy was alive or dead. The guy didn't even go to the hospital. It seems alot fishy.

 

[Kane]

Talk to an appellate lawyer (one who specializes in appeals) if you want to be sure there's nothing you can do at this point. Many lawyers offer free initial consultations.

If your lawyer was retained by your wife to obtain a divorce against you, she shouldn't have been representing you at the same time. If it was an amicable divorce, that's not as bad, but it's still not proper. If you knew about it, and didn't care, that may count against you. But again, talk to a lawyer who specializes in appeals.

What do you mean by "showing" as a conviction?

If you go down to the courthouse, and get the records, it should show for what it was - a deferred adjudication.

If what you mean is, you talked to a landlord or an employer, and he told you you had a conviction (even though you don't), most likely what happened is that the person you talked to didn't understand the difference between a deferred adjudication, and a conviction - because he doesn't understand the law. There's no way to "fix" that problem, other than explaining the difference to him. Unfortunately, many people don't care, even after they understand.

Some deferred adjudications can be sealed with a Motion for Nondisclosure. Unfortunately, murder is excluded (a murder charge can't be sealed).