Are you hoping your drug conviction will be dismissed?

| Jul 23, 2018 |

You may insist that you are innocent of the drug charges that led to your conviction. Texas is very aggressive in dealing with drug crimes, but law enforcement, prosecutors and judges sometimes make mistakes.

At one time, there was a record number of exonerations for drug crimes in this state, which may give you hope that you may have your conviction dismissed.

A brief history

In 2014, there was a record number of exonerations across the country. In Texas alone, there was a dismissal of 33 drug cases following lab tests showing that those convicted never had illegal substances. In many of the drug cases, individuals pleaded guilty before lab testing was complete. Some speculate that at least some of these people did so because they wanted to accept the plea deals offered to them and move on. Generally, the range of sentencing in question ran from probation up to two years of prison time.

National participation

The National Registry of Exonerations keeps records of dismissals and overturned convictions. This database is a project undertaken by law schools at Northwestern University and the University of Michigan. The project has studied 1,500 exoneration cases since 1989. The 33 cases in Texas in 2014 were part of the national whole of 125 cases in which drug convictions were dismissed that year.

A word about assets

There are many types of drug crimes, from possession of marijuana or prescription drugs to selling illegal drugs. The law in Texas permits law enforcement officers to seize any of your assets that they believe connected to the illegal activity of which they are accusing you. If you have not yet received a conviction, you will have the opportunity for a hearing to contest the seizure of this property.

Your future

You have rights and options under the law, whether you are facing charges or you have received a conviction. For example, the prosecutor or judge may dismiss your case, or you may qualify to have your record sealed or expunged.