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A way of avoiding deportation of a criminal conviction is to return to criminal court to “vacate”
the conviction. This is known as seeking “post conviction relief.” Any person convicted of a crime may, pursuant to
post conviction relief, file with the criminal division manager's office of the county in which the conviction took
place a petition for post-conviction relief captioned in the action in which the conviction was entered.
A petition for post-conviction relief is cognizable if based upon any of the following grounds:
(a) Substantial denial in the conviction proceedings of defendant's rights under the Constitution of the
United States or the Constitution or laws of your own State;
(b) Lack of jurisdiction of the court to impose the judgment rendered upon defendant's conviction;
(c) Imposition of sentence in excess of or otherwise not in accordance with the sentence authorized by
law.
(d) Any ground heretofore available as a basis for collateral attack upon a conviction by habeas corpus
or any other common-law or statutory remedy.
Except as otherwise required by the Constitution of certain states, a petition pursuant to post conviction
relief is the exclusive means of challenging a judgment rendered upon conviction of a crime.
Post-conviction relief is not, however, a substitute for appeal from conviction or for motion incident to
the proceedings in the trial court, and may not be filed while such appellate review or motion is available.
Benefits of Choosing The Gilbert G. Garcia Law Firm
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You will be represented by a lawyer with over 32
years of experience |
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Committed to effective criminal defense and post-conviction work |
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Personalized payments plans available and all major credit cards accepted |
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If you lose your job while your case is pending, you owe nothing more! |
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Fastest possible results |
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We serve ALL of Texas |
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We will write letters to potential employers explaining your case – At no additional charge! |
The Gilbert G. Garcia Law Firm is the Right Choice!
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32 years of Legal Experience |
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Certified by the Texas Board of Legal Specialization in Criminal Law for 20 years |
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Protect your Rights and make sure you are treated Fairly |
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Serving the citizens of Texas from the same location since 1983
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Free initial consultations and reasonable fees. Personal payment plans available and most major credit cards
accepted. Many issues are able to be handled via e-mail, phone calls and fax and after hours and weekend appointments are
available upon request to meet the needs of each client.
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