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Padilla Issue on a Pro se Misdemeanor Defendant

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July 15, 2015, 14:17
Padilla Issue on a Pro se Misdemeanor Defendant
I've got an 11.072 writ challenging a plea to probation on a DWI based on Padilla. Never done a Padilla writ before. Someone willing to share research and/or state's response/ffcl? Email direct: n w o o d (at)

Thanks in advance.

This message has been edited. Last edited by: nwood,
July 16, 2015, 07:07
Martin Peterson
I am going to guess that your case involves advice provided subsequent to the decision in Padilla. If so, then exactly what the attorney said about deportation consequences and how certain they were will be the critical issue. Generally, it takes a second misdemeanor to result in a problem. A good place to start is Ex parte Lujan, No. 08-13-00298-CR (El Paso 6/12/15)and Ex parte Torres, No. 03-14-00169-CR(Austin 4/29/15).
July 20, 2015, 09:47
Thanks again to the prosecutors and others in this forum. Lujan and Torres got me started on my research, and briefs emailed to me have been extremely helpful.
August 10, 2015, 03:34
Trae Apodaca
Once bail is set a defendant has a minimum of two options. Post the full amount of the bond in cash with the court or pay a Bail Bondsmen ten percent of the bond and the bond will provide a financial guarantee for the full amount of bail. If they don’t have sufficient cash on hand they can borrow the money from the bank at eleven percent interest or they can pay a bail agent a ten percent premium to guarantee the full amount of the bond. The bank would set up a payment plan so why should a bail agent be prohibited from doing the same?

December 15, 2015, 16:35
I want to just piggyback on what Trae has said previously. Here in Texas the defendant does have a minimum of two options. In fact I think bail bonds are a huge part of making the defendant know he/she does have rights. When most people find themselves in a situation that they need a bail bondsman in El Paso, TX or anywhere for that matter, they are usually not in the best situation financially, granted this is not an absolute but it tends to be the case. Most defendants will need some kind of assistance in posting their bail. He is absolutely right the bank can set the interest amount at 11 percent so why should the bail bonds company be prohibited from this? I particularly found Martin Peterson's comment back very helpful and I'm realizing that I can utilize this site as a great resource.