Houston Criminal Defense Attorney

Houston drug defendants exonerated after delayed lab tests

Delayed drug test results from Texas forensic labs have resulted in the wrongful convictions of at least 21 citizens, according to a recent newspaper investigative report. Thirteen of the defendants were arrested in Houston. According to the article, the cases all fit a similar pattern. The individuals were arrested and found in possession of a substance police claimed was an illegal drug. Because they had a previous criminal record, bail would be set higher than they could afford, so they had to sit in jail until their case was resolved.

Offered an early plea deal, they took it and served a shorter sentence than they would have received if found guilty at trial. Months - or sometimes years - later, lab results would come back showing that the substance they were arrested for possessing wasn't an illegal drug after all.

In one of the most recent cases, a man was pulled over by Houston police for failure to signal a turn. The arresting officers found a substance in his car which they assumed was crack cocaine, and arrested him for drug possession. Four days later, and facing a possible two-year sentence, he agreed to plead guilty and got 180 days in jail. Months later, the, the forensic lab results came back showing the substance was not in fact cocaine.

These cases show why those charged with drug offenses need an aggressive defense. Faced with possible job loss or family disruption, those who cannot afford bail may feel they have no choice to accept a plea deal, even if they are innocent. But police can and do make mistakes, and an experienced criminal defense attorney will carefully review all the state's evidence before making a recommendation about a plea bargain.

Source: Austin American-Statesman, "Latest drug exoneration displays familiar pattern," Eric Dexheimer, April 23, 2014