Can I have my case dropped for a misdemeanor theft?

UPDATED: Sep 30, 2022

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Can I have my case dropped for a misdemeanor theft?

I was convicted guilty at age 17 of a misdemeanor theft. I was not in a healthy state of mind. I was in a mental hospital prior to being incarcerated. I was in a suicidal state of mind. Do I have a chance to fight this case?

Asked on September 16, 2016 under Criminal Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you have already been convicted of an offense, then it's not really a matter of fighting the case, it's a matter of trying to prove that you did not have the mental ability to defend yourself.  If it has been more than 30 days since your conviction, you would need to file a writ to try to undo the conviction.  It is very hard to successfully complete writs... but not impossible.  You need to visit with an appellate attorney to see what facts are available to help you.  If your defense attorney knew about your condition and did nothing to perfect an insanity defense, then you may be able to get the conviction reversed on the theory of ineffective assistance of counsel.  Depending on other facts, you may be able to get it overturned on different theories.  It's not an easy process, but there is some potential depending on the facts of your case and lack of action by your former defense attorney.  If you did not have an attorney, this would be a factor for review as well.

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