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Drug Convictions Dismissed Due To False Testimony

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Conroe, TX defense attorney explains what happened in Harris County, Texas

If you a facing a drug charge, you might think you don’t have a lot of legal options. Many drug charges are often dismissed or thrown out of court, however. That’s what recently happened in one case involving a Houston man who was wrongfully convicted of several drug charges in 2008 based on false trial testimony by a police officer accused of fabricating evidence which led to the convictions of at least 69 people.

Criminal defense attorney Amanda Webb explains exactly what happened and why drug charges are sometimes dismissed or thrown out of court. Attorney Webb and her legal team at The Webb Firm, P.C. in Conroe, Texas have an in-depth understanding of these cases, since they regularly work with people facing drug-related charges and other serious crimes in Montgomery County and other surrounding areas in Texas.

Why was Otis Mallet Jr.’s 2008 drug conviction thrown out of court?

In 2008, Houston resident Otis Mallet Jr. was convicted of several drug-related charges and sentenced to two years in prison, according to FOX26 Houston. Those charges were based on false testimony by former Houston police officer Gerald Goines, according to the Harris County District Attorney’s office. As a result, Mallet’s drug charges were recently dismissed by Judge Ramona Franklin of the 338th District Court.

Harris County District Attorney Kim Ogg urged Judge Franklin to dismiss Mallet’s drug charges and conviction. In addition, Ogg criticized Goines for providing false trial testimony which resulted in Mallet’s wrongful drug conviction.

“What happened to Mr. Mallet was the result of deliberate lies testified to by Gerald Goines and relied upon by prosecutors years ago,” Ogg said in a statement released in August 2020.

Who is former Houston police officer Gerald Goines?

Former Houston police officer Gerald Goines is facing multiple criminal charges for allegedly fabricating evidence and presenting false testimony in connection with the convictions of at least 69 people in Harris County, Texas, according to ABC 11 News.

News about Goines’ alleged criminal actions became known earlier in 2020. At the time, Ogg said Goines fabricated evidence in drug-related cases from 2008-2019. Since then, Ogg has asked Harris County’s 22 felony judges to appoint attorneys to “hundreds of persons convicted in cases tied to Goines.”

“No matter how long it takes, we are going to see that justice is done for every person victimized by this corrupt officer,” Ogg said in a statement released on Aug. 18.

What are other reasons why drug convictions are often thrown out of court?

There are many reasons why drug-related charges are often thrown out of court or dismissed. Some of the most common reasons why include:

  • Unlawful search conducted by police when drugs are seized
  • The arresting police officer planted the drugs on the defendant
  • The defendant was not in possession of illicit drugs at the time of the arrest
  • Test results of the so-called illegal drug reveal that the drug is a legal substance
  • The drugs seized by police were not stored properly or tampered with after the arrest
  • The officer’s reason for a traffic stop was defective

If you have been charged with a drug-related crime in Texas, don’t simply assume that you will be convicted. Learn more about your legal rights. Schedule a free consultation with one of our Montgomery County defense attorneys at our law firm. Contact us online to schedule an appointment.

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