Options for Appealing Your Possession of Marijuana case: The Process of an Actual Innocence Writ

iStock_000007696540XSmall.jpgThis article is for those who know friends and family who have been convicted of possession of marijuana or if you yourself are dealing with a conviction. If you have a conviction and you want to challenge your case, you can fight your case through an appeal. The appellate process is exceptionally complicated and can be a rather long process. Moreover, there are many venues to appeal your case.

A writ of actual innocence is an argument based on newly discovered evidence relating to your case. 38 Tex. Jur. 3d Extraordinary Writs § 78. There are two types: first there is the Herrera claim, which is claim that you are innocent based solely on newly discovered evidence; second there is a Schlup claim, which argues that a conviction should be overturned due to constitutional problem. A Herrera claim is interesting because it usually involves junk science or faulty laboratory procedures. The case of Ex Parte Garcia is a perfect example of how this writ can overturn your conviction.

Garcia’s conviction was based on a guilty plea. Ex parte Garcia, AP-76,990, 2013 WL 1182735 (Tex. Crim. App. Mar. 20, 2013). The state charged Garcia with the offense of possessing no more than five and less than fifty pounds, which is a third degree felony. He pleaded guilty and decided not to appeal his conviction. However, after he plead guilty, laboratory testing determined that the state could only have proved that he possessed a misdemeanor amount of marijuana. After Garcia learned of this information, he argued that he would never have pleaded guilty to the charge and that his plea was involuntary. The Court granted Garcia relief and remanded the case, which means that the trial court would have to re-hear the case in light of the new evidence. In sum, if you have a conviction for possessing marijuana, have your attorney examine all the evidence to see if an actual writ of innocence would be appropriate for you and your case.

DisclaimerThe information contain on this site and in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from The Gilbert G. Garcia Law Firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction. Any and all communications as a results of this Post and/or this Site, is not secure nor confidential. Further, the mere initiation of any contact with The Gilbert G. Garcia Law Firm, staff, lawyer or a message on this post/site does not create an attorney–client relationship.

Gilbert Garcia has been Passionately Pursuing Justice for over 30 years and founded The Gilbert G. Garcia Law Firm in 2008. The Gilbert G. Garcia Law Firm is a boutique law firm, specializing in Criminal Defense. Gilbert represents adults and juveniles accused of a crime and who have with a felony, misdemeanor or record cleaning case. Conveniently located on the courthouse square to serve Montgomery and Walker Counties. Gilbert became Board Certified in Criminal Law by the Texas Board of Legal Specialization in 1989. The Gilbert G. Garcia Law Firm is located at 220 N. Thompson St., Suite 202, Conroe, TX 77301.  www.ggglawfirm.com.

Drug Related Charges may include: Possession of Marijuana, Possession of Controlled Substance, Possession of Dangerous Drug, Manufacturing a Dangerous Drug/Controlled Substance, Delivery or Intent to Deliver Marijuana/Dangerous Drug/Controlled Substance, Possession of Drug Paraphernalia and many other drug related charges.