| |
 |
 |
 |
|
|
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
|
 |
|
 |
 |
| |
Dallas Lawyer Blog
Felony charges for drug possession or distribution are the most typical felonies in criminal law.
If you’ve been charged with possession or distribution of cocaine, the Leading Dallas Lawyer can help you to clear your name of the charges. The federal court system is notorious for the incredibly harsh penalties for illegal drug cases. Most of these cases are prosecuted as conspiracies and, with the way sentences are calculated with the Federal Sentencing Guidelines, lower-level dealers can have their sentences increased drastically based on the quantity of illegal drugs having been dealt by their claimed partners. The federal system is very different than the state court structure in these criminal matters. These cases will need legal counsel who’s experienced and acquainted with the various trial rules and sentencing guidelines. This experience provides him a tremendous edge over those attorneys who don’t practice on a regular basis in federal court. The Leading Dallas Criminal Attorney has effectively represented many clients facing drug charges in both State and Federal court, and he can achieve the same for you.
Cocaine Distribution in Dallas
Dallas is one of the most significant cocaine distribution centers within the United States. It’s a distribution center utilized by numerous drug traffickers to provide illegal drugs to major market areas throughout the United States as well as to supply dealers located within the Dallas HIDTA (High Intensity Drug Trafficking Area) region. Cocaine, Crack, marijuana and, to a lesser extent, heroin, methamphetamine, and MDMA (three,4-Methylenedioxymethamphetamine, also recognized as Ecstacy) are transshipped from Dallas to main market locations including Atlanta, Chicago, Dallas, Denver, Detroit, Kansas City, Los Angeles, New York, Philadelphia, and St. Louis. Once illegal drug shipments are delivered to Dallas, they’re frequently stored at local stash sites awaiting additional distribution to illegal drug markets. Drug trafficking operations are very susceptible at these stash sites; seizures of unlawful drugs from places where significant quantities are stored usually result in a significantly larger loss for DTOs (Drug Trafficking Organizations).
Dallas’s well-developed highway system, organized financial structure, racial and ethnic diversity, and substantial volume of international trade contribute towards the area’s role as a main shipment point for illegal drugs meant for U.S. drug markets and illegal drug profits headed for Mexico. The substantial quantity of drug-related investigations linked to the city exemplifies Dallas’s role as an important national drug distribution and cash laundering center.
Definition: Drug Trafficking Organizations, Criminal Groups, and Gangs
Drug trafficking organizations (DTOs) are sophisticated organizations with highly defined command-and-control structures that transport, distribute, and/or produce sizeable amounts of one or more unlawful drugs.
Criminal groups operating in the United States are numerous and consist of limited to moderately sized, loosely knit organizations that disperse one or more illegal drugs at the retail level and midlevel.
Gangs are defined by the National Alliance of Gang Investigators’ Associations as groups or associations of three or more persons with a common identifying sign, symbol, or name, whose members on their own or collectively practice criminal activity that produces an atmosphere of intimidation and fear.
Mexican DTOs are the most pervasive organizational threat towards the Dallas area. The proximity of their operations to the U.S.- Mexico border along with their access to major drug market locations all through the U.S. have empowered Mexican DTOs to emerge as the main traffickers in the region, in most areas along the U.S.-Mexico border, and in numerous areas of the United States.
Prison gangs, street gangs, and outlaw motorcycle gangs (OMGs) disperse illegal drugs at both the retail and wholesale levels in the Dallas area. Nearly all gangs in the region use illegal drug trafficking as their main source of income. Although most gangs distribute drugs at the retail level, some have developed partnerships with Mexican DTOs that permit them to acquire wholesale quantities of drugs directly from Mexico. These gangs are most prevalent in urban locations, including Dallas, Corpus Christi, and Beaumont, where violence associated with their drug- and gang- related activities is often a considerable menace to community and law enforcement protection.
As a direct result Hurricane Katrina, associations among New Orleans and Dallas drug traffickers are reportedly increasing. Approximately 150,000 Katrina evacuees relocated to the Dallas area as a result of the hurricane. Several of these evacuees had been illegal drug traffickers from high-crime areas of New Orleans and, upon relocating to Dallas, developed associations with drug dealers and gang members. Many of these traffickers have returned home to New Orleans, and the connections that they built with these Dallas-based drug dealers have provided them the ability to obtain significant quantities of illicit drugs directly from connections in Dallas.
The distribution and exploitation of illicit drugs in the Dallas region places considerable societal and economic burdens on communities and local, state, and federal agencies. Crack cocaine is the major illegal drug of abuse for numerous illegal drug abusers in urban areas of Dallas; the drug has experienced a significant effect on the level of violent and property crime occurring in a number of communities. However, the quantity of cocaine, marijuana, and methamphetamine seized in the region has lessened in recent years. This reduction can be attributed, in part, to a rise in seizures made prior to the drugs being smuggled across the Southwest Border, increased seizures in South Texas counties that border Mexico, and traffickers’ use of alternate routes to smuggle illegal drugs across the Southwest Border.
Cocaine Distribution Defense: Hire the Best Dallas Lawyer
In Texas, charges for Cocaine distribution are 1st degree crimes, and carry the harshest penalties. Possession of the Cocaine or possession with the intent to distribute , is a 2nd degree crime, and can lead to steep penalties, probation and/or imprisonment. Drug distribution is a serious offense. Having said that, like all drug crimes, drug distribution must be placed into the correct context to be able to make certain that charges are not excessive. What might seem to be drug distribution may in fact not be, and a expert legal professional will see to it that you are provided a powerful defense all through your criminal arrest.
The amount of drugs within your possession, how those drugs are prepared, which drugs are found to be on your person, and how many different types of drugs you have are all elements that will be taken into consideration during a drug distribution case. For example, if a variety of packaged drugs are found within your possession, then it might be assumed that you, like a shop, possess a large number of new products ready to sell. Likewise, your past criminal history will play a factor, as will the place that you had been arrested. Being busted in an area known to be frequented by drug dealers, for example, won’t assist your case.
If a person is found to be in possession of illegal drugs, does not appear to be using the drugs him or herself, and is behaving in a manner that is an indication of drug distribution, then law enforcement officials may place that individual under arrest on suspicion of drug distribution. Although other drug charges like possession for sale require that some type of monetary transaction take place, drug distribution only requires that illicit drugs are transferred from one individual to another. Therefore, defense against these charges can be complicated, particularly within the state of Texas. Due to the complexities of Texas law, the best strategy taken by a person charged with drug distribution is retaining the services of a knowledgeable Dallas Criminal Defense Attorney .
The Top Dallas Criminal Defense Attorney will investigate the circumstances surrounding your case, and will develop the most effective defense possible considering the circumstances. If you stand accused, please don’t hesitate to get in touch with the Finest Dallas Lawyer Twenty-four Hours A Day, 365 Days /year to discuss the specifics of your case.
Charles Johnson |
No comments
| Tags: area, cocaine distribution, court, dallas lawyer, detroit kansas, disperse, drug possession, drug traffickers, drug trafficking, DTOs, Federal, federal sentencing guidelines, felony charges, high intensity drug trafficking area, intensity drug, Lawyer, Organizations, region, result, state 
Dallas Search and Seizure Lawyer: The Charles Johnson Law Firm
Although individuals within the U.S. are entitled to privacy and freedom from government intrusion, there is a limit to that privacy. Federal or state law enforcement officers are permitted, where justified, to search your premises, car, or some other assets in order to look for and seize unlawful items, stolen goods or evidence of a criminal offense. What rules must law enforcement follow when engaging in searches and seizures? What can they do in upholding the laws, and what can’t they do?
What police officers May Do:
- Under the Fourth Amendment to the United States Constitution, law enforcement officials may engage in "reasonable" searches and seizures.
- To establish that a search is "reasonable," law enforcement need to generally demonstrate that it is more likely than not that a criminal offense has happened, and that in cases where a search is conducted it is probable that they will find either stolen goods or proof of the criminal offense. This is often designated probable cause.
- In a few situations, law enforcement need to first make this showing to a judge who issues a search warrant. Usually in most special circumstances, however, the authorities may be able to conduct a search without having a warrant. In fact, nearly all searches are "warrantless."
- Police may search and seize items or evidence when there’s no "legitimate expectation of privacy." In various other words, in the event you didn’t have a privacy interest in the items or evidence, the authorities can take them and, in effect, no "search" has transpired.
Note: In deciding whether or not there was a "legitimate expectation of privacy," a court will take into consideration two matters:
- Did you have an expectation of some degree of privacy?
- Was that expectation reasonable in our society’s view?
Example: You have a semi-automatic rifle that you had stolen from a pawn shop. You leave the firearm laying on the hood of your automobile when you get home. You don’t have a "legitimate expectation of privacy" with regard to items you leave on the hood of your automobile, and police officers may take the firearm. No search has transpired.
- Police may use first-hand info, or tips from an informant to justify the need to search your property. If an informant’s info is utilized, police officers need to establish that the information is reliable under the circumstances.
- Once a warrant is obtained, law enforcement may enter onto the specified area of the property and search for the items listed on the warrant.
- Police could very well extend the search beyond the specified area of the property or include some other items in the search beyond those specified or listed within the warrant if it is required to:
- Ensure their safety or the safety of others;
- Prevent the destruction of evidence;
- Discover more about possible evidence or stolen items that are in plain view; or
- Hunt for evidence or stolen items that, primarily based upon their preliminary search of the specified area, they believe may be in a different location on the property.
Example: Police officers have a warrant to search your basement for evidence of a drug manufacturing operation. On their way through your property to go down to the basement, they see a cache of firearms sitting on your kitchen table. Some might take the guns to guarantee their safety while searching your basement.
- Police may search your property without having a warrant in the event you consent to the search. Consent has to be freely and voluntarily given, and you can never be coerced or tricked into giving it.
- Police may search your person and the immediate surroundings without the need of a warrant when they are placing you under criminal arrest.
- If an individual is arrested in a home, law enforcement officials may make a "protective sweep" of the home in order to make a "cursory visual inspection" of places where an accomplice may be hiding. In order to do this, police officers must have a reasonable belief that an accomplice may be around.
Example: Police officers arrest you inside your living room on criminal charges of murder. Some may open the door of your coat closet to make certain that nobody else is hiding there, but may not open your medicine cabinet mainly because an accomplice couldn’t hide there.
- When you are being taken to jail, law enforcement may perform an "inventory search" of items you have with you without the need of a warrant. This search may include your vehicle if it is being held by the authorities in order to make a list of all items inside.
- Police may search without having a warrant should they reasonably fear for their safety or for the public’s safety.
Example: If police officers drive past your home on a regular patrol of the neighborhood and see you, inside your open garage, with ten cases of dynamite and a blowtorch, they can search your garage without having a warrant.
- If it’s required to prevent the imminent destruction of evidence, the authorities may search without any a warrant.
Example: If police officers see you trying to burn a stack of cash that you stole from a bank, they can perform a search without having a warrant to stop you from further destroying the cash.
- Perform a search, without having a warrant, when they are in "hot pursuit" of a suspect who enters a private dwelling or area subsequent to fleeing the scene of a criminal offense.
Example: If police officers are chasing you from the scene of a murder, and you run into your apartment in an effort to get away from them, they could follow you into the apartment and search the area without any a warrant.
- Police may perform a pat-down of your outer clothing, in what is designated a "stop and frisk" situation, as long as they reasonably believe that you may be concealing a firearm and they fear for their safety.
What police officers May NOT Do:
- The law enforcement officials may not perform a warrantless search anywhere you have a reasonable expectation of privacy, unless one of the warrant exceptions applies.
- If evidence was acquired via an unreasonable or unlawful search, police officers may not use it against you in a trial. This is often designated the "exclusionary rule."
- The law enforcement officials may not use evidence resulting from an unlawful search to obtain various other evidence.
- The law enforcement officials may not submit an affidavit in support of obtaining a search warrant if they didn’t have a reasonable belief in the truth of the statements within the affidavit.
- Unless there is a reasonable suspicion that it contains evidence, unlawful items, or stolen goods, the authorities may not search your automobile. If your automobile has been seized by police officers, however, they can search it.
- Unless they have a reasonable suspicion that you are involved in a criminal activity, police officers may not "stop and frisk" you. Should they have a reasonable suspicion, they can pat down your outer clothing if they have concerns that you could be concealing a firearm.
Dallas Search & Seizure Defense: Hire the Leading Dallas Lawyer
Courts quite often need to determine case-by-case whether or not the circumstances in which police officers searched without a warrant had been legal. As a result, any time a search has already happened and you aren’t sure of its legality, get in touch with Dallas Lawyer Charles Johnson as soon as possible. And if the search has not yet been conducted, make sure that you understand your legal rights in advance.
Charles Johnson |
2 comments
| Tags: automobile, dallas lawyer, evidence, expectation, government intrusion, home, info, law enforcement officials, Lawyer, legitimate expectation, need, privacy interest, search, search and seizure, search warrant, searches and seizures, Seizure, special circumstances, united states constitution, warrant
Important! The most crucial advice that may be given to you prior to hiring a skilled vehicular manslaughter lawyer would be to exercise your right to remain silent. Do not throw yourself under the bus by attempting to explain what actually transpired to the wrong people. Vehicular manslaughter is known as a charge brought against anyone who drives a vehicle and unintentionally kills another individual. Vehicular manslaughter is the crime of causing the death of a human being because of the illegal driving of a car, including gross negligence, driving under the influence, reckless driving or exceeding the speed limit.
Dallas Vehicular Manslaughter Lawyer: The Charles Johnson Law Firm
Vehicular manslaughter can be charged as a misdemeanor (minor crime having a maximum punishment of a 12 months in county jail or only a fine) or a felony punishable by a term in state prison, depending on the circumstances. Gross negligence or driving a few miles over the posted speed limit might be charged as misdemeanor vehicular manslaughter, but driving while intoxicated resulting in a death is most likely viewed as felony vehicular manslaughter. Death of a passenger, including a family member or friend, can be vehicular manslaughter if caused by illegal driving.
The penalties for a conviction on a vehicular manslaughter charge can range from imprisonment, probation or parole, loss of driving privileges, steep fines, or other punishment. A vehicular manslaughter sentence may vary on the severity of the damages caused by the actual accident.
Sentencing for vehicular manslaughter is going to be dependent on several factors relating to the criminal history of the charged and other sociological factors. Prior prosecutions or similar convictions with regard to vehicular manslaughter, being presently on probation or parole are all criminal background factors that can weigh on the sentence for vehicular manslaughter. Sociological factors like the attitude of the community and court toward this sort of crime, amount of media attention on the case, extenuating circumstances, as well as whether the accident was drug or alcohol related can impact the sentencing for a vehicular manslaughter case.
The defense for a vehicular manslaughter case can mean the primary difference between a suspended sentence or a lengthy jail term. Defenses for any vehicular manslaughter charge range from a not at fault or lack of negligence defense, inadequate evidence, factual innocence, or other defenses depending on the information on the case. Before choosing a defense you need to have already chosen an experienced vehicular manslaughter lawyer.
An experienced vehicular manslaughter attorney will help you with the early preparation of the case, including legal research and defense strategy. Attorney Charles Johnson can interview witnesses, law enforcement, and the prosecutor to minimize or perhaps have the case eliminated. Attorney Johnson can also help reduce bail requirements, work out alternatives for example counseling instead of a jail sentence, and even have the case dismissed. If you are being charged with vehicular manslaughter you simply can’t afford to take this case all on your own or with a public defender for that matter. You need an experienced vehicular manslaughter lawyer, and you needed one yesterday.
Dallas Vehicular Manslaughter Defense Lawyer: The Charles Johnson Law Firm
If you have been in an automobile accident and arrested for vehicular manslaughter, intoxicated manslaughter or intoxicated assault, you can expect the District Attorney’s office to take the case very seriously. In Texas, prosecutors work hard to seek convictions as well as prison time for felony charges involving vehicular manslaughter or assault — particularly if it is alleged that you were drunk at the time of the accident.
Charles Johnson |
One comment
| Tags: accident, background factors, bus, dallas lawyer, driving, driving privileges, driving under the influence, gross negligence, Lawyer, manslaughter, manslaughter charge, maximum punishment, minor crime, misdemeanor, misdemeanor vehicular manslaughter, probation, punishment, sentence, sociological factors, Vehicular
Being found guilty of Assault may bring critical penalties including jail or prison time, fines and probation. If you have been convicted of Assault, it is important to know the law and procedures of your respective state and county. Seek the counsel of the Leading Dallas Assault Lawyer in Dallas, Texas as you determine how to battle the charges. Although the specific definition of Assault can vary by jurisdiction, it is usually viewed as the act of putting another person in fear of harm or offensive contact by the use of force or the threat of force. Some jurisdictions also consider an deliberate injury to be an Assault.
What Exactly Is Assault?
Assault is an attempt to hurt someone physically; it is also the threat of force or use of force, making the victim apprehensive of harmful or offensive contact. If the Assault occurs while the defendant is utilizing a deadly weapon or attempting to commit a serious crime, it is an aggravated Assault. As this is a far more serious crime than simple Assault, the punishment is usually more severe. Battery, alternatively, is typically defined as the actual touching of the victim in a harmful or offensive manner. Some jurisdictions define Assault and battery differently than others; Dallas Lawyer Charles Johnson will help you with the precise definitions and associated defenses. Remember: Injury does not necessarily need to take place for the crime to be aggravated Assault.
Is Assault a Misdemeanor or a Felony?
Assault may be charged and prosecuted as either a misdemeanor or a felony.
Both misdemeanor and felony charges ought to be considered seriously, as both could have long-term consequences. The prosecutor in the case will ultimately decide how to charge the defendant. It depends on the circumstances of the alleged crime and the particular laws of jurisdiction in which the event occurred.
What Are Possible Defenses to Assault Charges?
The defense of property may be a viable defense to a charge of Assault. In other cases, the alleged Assault might have been accidental, or perhaps the accuser could have misinterpreted the defendant’s actions. This also may apply when the person was defending another individual against the real danger of physical harm. If a reasonable person would have felt it necessary to use force to avoid a danger of being injured, and reasonable force was used, then there may be a plausible self-defense argument. Lastly, mitigating circumstances could help lessen the defendant’s responsibility as well.
If you or your loved one has been arrested for Assault, it is important to consult with an attorney who knows the law and procedure of your jurisdiction. Conviction for Assault can result in imprisonment, fines, probation or parole, the inability to hold certain jobs and the loss of the right to possess a handgun. Contact the experienced Dallas Assault Defense Lawyer at the Charles Johnson Law Firm today to regain control of your life.
Charles Johnson |
2 comments
| Tags: Assault, criminal lawyer, dallas lawyer, definition of assault, deliberate injury, felony assault, felony charges, harm, Hire, jurisdiction, offensive manner, person, precise definitions, probation, Respected, simple assault, state, term consequences, threat, use
When you’re going to court, it generally isn’t simply because you WANT to go, but rather you HAVE to go. If you are going in for a criminal defense, it may well be in your best interest to be well prepared and knowledgeable BEFORE you enter those doors. Below are tips which are highly suggested that you adhere to in order to have an effective time in court and put the odds far better to your favor within the eyes of the court.
Dress Code
When in the courtroom it really is in your very best interest to appear your very best for the judge, jury, prosecutor, and oneself. It emotionally can help you in court with your case and can increase your chances of winning in the event you look like you’re serious about the proceedings and play the part.
People who go to the courtroom in shorts and flip flops will absolutely not receive the same treatment that a individual in a suit or nice dress would receive. It seems, at least to the court that you have absolutely no interest in being there and that is certainly looked at as disrespect to the court.
The following is appropriate dress code for the sexes:
For Men
- A dark suit is preferred. If a suit is not readily available, then slacks and a white shirt and tie at the minimum!
-
Dress shoes (NEVER WEAR SNEAKERS IN A COURTROOM, PERIOD)
-
Hair well groomed and neat. If you have long hair, make sure it is tied back and combed back.
-
Don’t bathe yourself in strong cologne. This isn’t a club and no one would like the distracting smell of another in the courtroom.
-
Jewelry: one ring (wedding band) and a watch, should you have either.
The point here is you will need the judge and any sort of various other people deciding your fate to look at you with respect regardless of what you are in court for.
For Women
- A nice dress or women’s business suit. At the minimum, a blouse and a skirt that is NO MORE THAN two inches above the knee.
-
Panty hose
-
Dress shoes or heels
-
Hair neatly groomed
-
Jewelry: Same as for men. A ring and a watch. Nothing else.
-
Perfume: Again nothing that may be too strong and do not bathe in it. No one wants to smell you!
-
Nail Polish: Keep it simple. Colors that are not acceptable are neon’s and brightly colored nails. If you can avoid it, don’t wear any sort of polish beyond a clear coat or perhaps the French manicure is suitable.
Again, the idea here is you will need the judge and any other men and women deciding your fate to look at you with as much respect as possible regardless of what you’re in the courtroom for.
In the courtroom listed here are recommended as far as behavior and procedure are concerned:
Only answer questions that you’re asked in a direct manner.
Example:
Prosecutor: “Do you have the time?”
YOU: “Yes.”
Prosecutor: “What time do you have?”
YOU: “11:00 a.m.”
In this example you had been asked a question, and the response was EXACTLY what should have been given. Never volunteer information without first consulting your lawyer about it ahead of time. Prosecutors exist to trip you up and get you to admit important things in order to aid their case, and they are professionals at what they do. Do not make it easy for them. They are NOT your buddy, and they don’t have your best interests at heart 110% of the time.
When sitting in court do not place your elbows on the tables at any given time. Sit up straight and look attentive at all times, unless you’re injured somehow. Slouching is usually a signal that you don’t care about what is going on and you’d rather be home or doing something else and the court will treat you that way but not in your favor. Pretend you are on television in front of the world and you have to look your very best.
Additional Etiquette
- Be punctual.
- Do not talk throughout the proceedings while court is in session.
- Don’t bring books to read or magazines.
- Don’t wear a hat in a courtroom EVER!
- Don’t wear sunglasses unless you have a condition that’s medically shown to hurt your eyes in light.
- Remain in attendance until excused. All persons seated before the bar shall remain there throughout each session and return right after recess. Parties and counsel must remain in attendance during jury deliberations; absence waives the right to attend the return of the verdict.
- Dress with pride.
- Address other individuals only by their titles and surnames, including lawyers, witnesses, and court personnel.
- Steer clear of approaching the bench. Counsel should anticipate the necessity for rulings and talk about them once the jury isn’t seated. Whenever a bench conference is inevitable, obtain permission first.
- Hand to the clerk, not the judge or reporter, all things for examination by the judge.
- Stand when the judge or jury enters or leaves the courtroom.
- Conduct no experiment or demonstration without permission.
- Make no side-bar remarks.
- Request the use of easels, light boxes, and other equipment far ahead of time so that they can be set up while the Court isn’t in session.
Language
This is possibly the most abused item in the courtroom besides dress. Again you must remember you are not at a party with your buddies. You’re in a courtroom. If it is a criminal matter, someone is looking for grounds to put you away. DON’T Give THEM ONE! Speak English as correctly as you are capable. Usage of slang isn’t going to help you in any way.
The judge isn’t your “bro”, he is your honor. The D.A. or Prosecutor isn’t an old buddy, and ought to be addressed as sir.
Following these basic simple rules and procedures, you greatly enhance your chances of succeeding in court. These are unwritten rules, nevertheless over the years folks seem to have forgotten them. If you have additional questions or are unsure about any of this, contact the Best Dallas Attorney at the Charles Johnson Law Firm BEFORE you go to court.
In the event you or a family member is charged having a crime in the Dallas region, contact us for a free consultation with a successful criminal defense lawyer from the Charles Johnson Law Firm. Attorney Johnson is able to provide compassionate legal counsel, accessibility and personal attention, years of experience, and aggressive protection of your rights.
Charles Johnson |
One comment
| Tags: best interest, court dress, courtroom, dallas attorney, dallas lawyer, dark suit, disrespect, dress code, fate, prosecutor, shirt and tie, sneakers
Hire the Most Dedicated Dallas Lawyer!
Drug crimes are covered by both federal and state laws in Texas. Federal offenses are regulated by The Comprehensive Drug Abuse Prevention and Control Act of 1970, known as the Controlled Substances Act.
The Controlled Substances Act covers almost all the drug offenses in Texas and is codified in the Texas Health and Safety Code, Chapters 481 through 486. Because Texas is an international border state, drug traffic offenses are a main concern. The state of Texas also has a number of state drug laws which may not be applicable in other states.
What are the penalties for a drug conviction in Texas?
Drug offenses are among probably the most severe charges in criminal law. They carry with them severe penalties and can have other consequences in areas of one’s life like family life and employment. The legal penalties for drug crimes will depend on the nature of the drug offense, and will usually include a fine and/or a lengthy prison sentence. If you’re charged with a drug related crime, you need to contact the Leading Dallas Drug Crimes Lawyer as soon as feasible. The penalties for committing a drug crime can be quite severe, including actual prison time, sometimes for many years in bigger high profile drug instances. A conviction for a drug-related offense could not only damage your personal and professional reputation, but could result in actual termination from employment or the suspension or revocation of your professional licenses. It is not whether or not you will acquire a lawyer, rather, it is who you’ll get to represent you at your most vulnerable time.
What kinds of factors are regarded as in sentences for drug crimes?
In determining the sentence for a drug crime, a Texas court will consider the following elements:
- The kind of drug: The Controlled Substances Act classifies drugs into 5 “Penalty Groups”, with Group 1 being probably the most serious. For instance, cocaine is classified as Penalty Group 1, whereas prescription drugs are Group 3.
- The quantity of drugs in possession: Prison sentences or fines will increase according to the quantity of drug possessed. Greater amounts of the exact same drug will result in greater sentences.
- The purpose for which the drug is used: Simple possession is generally regarded as less severe than other crimes, which includes possession with intent to distribute, or manufacturing and delivering drugs
- Location of the violation: Drug offenses are regarded as much more severe if they take place in particular areas, such as near a school or day care center
An additional essential factor that a court will think about is whether or not the drug offense was combined with an additional offense. Numerous drug offenses are related to other crimes like conspiracy, theft, or assault. If the drug offense is related to another felony, especially a violent crime, the penalties will probably be much more severe.
Do I need a lawyer for a drug offense?
Drug offenses are serious and can result in felony charges. Consequently, the services of the Top Dallas Criminal Defense Lawyer can be essential when dealing with drug charges. This is especially accurate if the defendant is involved in numerous or repeat offenses. An experienced lawyer can assist explain the numerous requirements under Texas drug laws. In the event you or a family member is charged having a crime in the Dallas region, contact the Recommended Dallas Attorney for a free consultation having a successful criminal defense lawyer. They are able to provide compassionate legal counsel, accessibility and personal attention, years of experience, and aggressive protection of your rights.
Charles Johnson |
No comments
| Tags: code chapters, comprehensive drug abuse prevention, controlled substances act, dallas criminal lawyer, dallas lawyer, drug abuse prevention, drug conviction, drug crime, drug crimes, drug offense, drug offenses, drug traffic, federal offenses, lengthy prison sentence, penalty groups, professional licenses, professional reputation, texas health and safety code, traffic offenses
Are you experiencing criminal charges of intent to distribute cocaine? Have you been charged with possession of marijuana? For aggressive representation from an experienced drug charge defense attorney, get in touch with our Dallas law office to schedule a no cost initial consultation. Are you worried about your adolescent who had been caught using drugs at school? At the Charles Johnson Law Firm, you will find a drug offenses lawyer who has over a decade of working experience preserving the liberties of individuals defending state or federal drug charges.
We can be reached at any hour, seven days a week.
Aggressive Drug Charge Defense Representation
We represent individuals fighting state or federal drug offense charges concerning the manufacture, distribution, sale, or possession of unlawful drugs, controlled substances, chemicals used within the illegal manufacture of controlled substances (operating a meth lab), and drug paraphernalia.
Lysergic acid diethylamide (LSD), marijuana, methaqualone, morphine, phencyclidine (PCP), crack cocaine, methadone, methamphetamine, Anabolic steroids, codeine and/or hydrocodone with aspirin, Valium, and Xanax are examples of controlled substances the manufacture, distribution, or possession of that can result in severe federal or state drug crime charges.
The Charles Johnson Law Firm strives to be certain that our clients’ protection under the law are defended throughout the entire case. Criminal defense attorney Johnson is proficient at counsel in pre-arrest negotiations, in plea bargain settlements, at trial as well as on appeal in state and federal drug crime cases. Should you are under investigation or have already been charged with a drug-related offense, criminal defense attorney Charles Johnson will be able to help.
Drug Possession Charges
In Texas, possession of an unlawful drug or possibly a controlled substance may be a misdemeanor or a felony depending upon the form and quantity of drugs concerned.
A teenage drug conviction will be able to also bring about lost job opportunities, including ineligibility for certain jobs or future career advancement. If a plea bargain is in our client’s best interests, we shall work hard to obtain the best deal possible. When possible, we work to get drug arrests removed from our client’s criminal record through expunction. Do not let drug criminal charges ruin your future.
At the Charles Johnson Law Firm, we are willing to defend drug charges in court. For high school students, whether charged as an adult or a juvenile, possession of even a very small amount of a drug such as marijuana can result in lost educational opportunities, including attendance at the student’s college of choice or even the opportunity to go to college at all because of student loan ineligibility based on a drug criminal offense conviction.
Motion to Revoke Probation (MTR)
We understand that there are often psychological issues, such as bipolar disorder, underlying many drug problems, and we work on getting you the treatment you require and probation, reinstatement or termination as opposed to jail time. If you are going through a probation revocation mainly because of a probation violation, we will be able to help.
Dallas Drug Charges Defense Attorney: The Charles Johnson Law Firm
To find out how we will be able to help defend you against drug charges, speak to our skilled Dallas, Texas criminal defense lawyer today for a free initial consultation.
When you are confronting a charge and possible conviction for a drug offense, your future is at risk.
 Dallas Criminal Lawyer
Charles Johnson |
No comments
| Tags: aggressive representation, anabolic steroids, controlled substances, crack cocaine, crime cases, criminal defense attorney, dallas criminal lawyer, defense representation, drug charge, drug crime, drug offense, drug offenses, drug paraphernalia, drug possession charges, federal drug charges, illegal manufacture, initial consultation, meth lab, plea bargain, possession of marijuana
Drug crimes are covered by both federal and state laws in Texas. Federal offenses are regulated by The Comprehensive Drug Abuse Prevention and Control Act of 1970, known as the Controlled Substances Act.
The Controlled Substances Act covers nearly all of the drug offenses in Texas and is codified in the Texas Health and Safety Code, Chapters 481 through 486. Since Texas is an international border state, drug traffic offenses are a major concern. The state of Texas also has several state drug laws which may not be applicable in other states.
What are the penalties for a drug conviction in Texas?
Drug offenses are among the most serious charges in criminal law. They carry with them severe penalties and can have other consequences in areas of one’s life such as family life and employment. The legal penalties for drug crimes will depend on the nature of the drug offense, and will usually include a fine and/or a lengthy prison sentence.
If you are charged with a drug related crime, you need to contact Dallas Criminal Defense Attorney Charles Johnson as soon as possible. The penalties for committing a drug crime can be quite severe, including actual prison time, sometimes for many years in larger high profile drug cases. A conviction for a drug-related offense could not only damage your personal and professional reputation, but could result in actual termination from employment or the suspension or revocation of your professional licenses. It’s not whether you will acquire a lawyer, rather, it’s who you will get to represent you at your most vulnerable time.
What types of factors are considered in sentences for drug crimes?
In determining the sentence for a drug crime, a Texas court will consider the following factors:
- The type of drug: The Controlled Substances Act classifies drugs into 5 “Penalty Groups”, with Group 1 being the most serious. For example, cocaine is classified as Penalty Group 1, whereas prescription drugs are Group 3.
- The amount of drugs in possession: Prison sentences or fines will increase according to the amount of drug possessed. Greater amounts of the same drug will result in higher sentences.
- The purpose for which the drug is used: Simple possession is usually considered less severe than other crimes, such as possession with intent to distribute, or manufacturing and delivering drugs
- Location of the violation: Drug offenses are considered more severe if they take place in certain areas, such as near a school or day care center
- Another important factor that a court will consider is whether the drug offense was combined with another offense. Many drug offenses are related to other crimes such as conspiracy, theft, or assault. If the drug offense is related to another felony, especially a violent crime, the penalties will be more severe.
Do I need a lawyer for a drug offense?
Drug offenses are serious and can lead to felony charges. Therefore, the services of a competent criminal attorney can be crucial when dealing with drug charges. This is especially true if the defendant is involved in multiple or repeat offenses. An experienced lawyer can help explain the various requirements under Texas drug laws.
If you or a family member is charged with a crime in the Dallas area, contact Attorney Johnson for a free consultation with a successful criminal defense lawyer. My practice is limited to criminal law. I can offer compassionate legal counsel, accessibility and personal attention, years of experience, and aggressive protection of your rights.
If you are charged with possession of drugs, either for personal use or with intent to sell, Dallas Criminal Defense Attorney Charles Johnson can determine which defenses might apply to your case should you plead not guilty. Different states approach the problem of illicit drugs in different ways, while the federal government tends to have the toughest drug sentencing guidelines. But drug possession defenses are fairly universal across state lines. Some defenses challenge the stated facts, testimony or evidence in the case, while others target procedural errors, often search and seizure violations.
Here are some defenses to drug possession charges, some more common than others:
Unlawful Search and Seizure
The Fourth Amendment to the U.S. Constitution guarantees the right to due process of law, including lawful search and seizure procedures prior to an arrest. Search and seizure issues are quite common in drug possession cases. Illicit drugs found in “plain view,” such as a car’s dashboard after a legal traffic stop, may be seized and used as evidence. But drugs found in the trunk of a car after prying it open with a crowbar, assuming the suspect did not give permission, cannot be entered into evidence. If the defendant’s Fourth Amendment rights were violated, then the drugs cannot be used at trial and the charges typically are dismissed.
Drugs Belong to Someone Else
A common defense to any crime charge is to simply say you didn’t do it. The drug possession equivalent is to claim the drugs aren’t yours or that you had no idea they were in your apartment, for example. Dallas Criminal Lawyer Charles Johnson will pressure prosecutors to prove that the joint found in the car actually belonged to his or her client and not one of the other three passengers.
Crime Lab Analysis
Just because it looks like cocaine or LSD doesn’t mean it necessarily is. The prosecution must prove that a seized substance is indeed the illicit drug it claims it is by sending the evidence to a crime lab for analysis. The crime lab analyst then must testify at trial in order for the prosecution to make its case.
Missing Drugs
Dallas Drug Crimes Lawyer Charles Johnson will make sure prosecutors are able to produce the actual drugs for which their client is being charged. Similar to the need for crime lab analysis, prosecutors who lose or otherwise lack the actual drugs risk having their case dismissed. Seized drugs often get transferred several times before ending up in the evidence locker, so it should never be assumed that the evidence still exists during trial.
Drugs were Planted
This may be difficult to prove, since a police officer’s sworn testimony carries a lot of weight in the courtroom. Furthermore, other officers may be reluctant to blow the whistle on a fellow officer. But Attorney Johnson can file a motion that, if approved by the judge, requires the department to release the complaint file of the given officer. This file contains the names and contact of information of those who made the complaints, who can then be interviewed by Attorney Johnson or his private investigator.
Entrapment
While law enforcement officials are free to set up sting operations, entrapment occurs when officers or informants induce a suspect to commit a crime he or she otherwise may not have committed. If an informant pressures a suspect into passing drugs to a third party, for example, then this may be considered entrapment. As a rule of thumb, entrapment occurs where the state provides the drugs in question.
Do I Need a Lawyer?
If you are charged with any of these or another drug related crime you need to contact Dallas Criminal Defense Lawyer Charles Johnson as soon as possible. The penalties for committing a drug crime can be quite severe, including actual prison time, sometimes for many years in larger high profile drug cases. A conviction for a drug-related offense could not only damage your personal and professional reputation, but could result in actual termination from employment or the suspension or revocation of your professional licenses. It’s not whether you will acquire a lawyer, rather, it’s who you will get to represent you at your most vulnerable time.
Texas has a reputation as being extremely hard on drug use and possession, and it is well earned. Minor marijuana possession is not decriminalized in Texas, as it is in several states, which means that even a miniscule amount can land you 6 months in jail.Like many other states, Texas divies up punishments based on the weight of the drug possessed or sold. The possession of up to a pound of marijuana (this includes very minor amounts) will generally carry a sentence of 6 months to 2 years in a state jail and a $2,000 – $10,000 fine. However, if you have no prior felony convictions and are arrested with up to a pound, a Texas judge must impose a sentence of probation with drug treatment (for a duration at the judges discretion). The judge can also waive the fines, in this case.That is where the leniency ends, however. For the possession of 1 – 5 lbs, there is no probation, and a minimum sentence of 6 months will be imposed. This will also be considered a “state jail felony,” (which is a Texan creation meant to help with prison over-crowding). This means it will count as a felony on your record, but you will be sentenced to a minimum security prison with non-violent offenders.After the five pound limit, the court will assume you are a major trafficker, and the penalties increase rapidly (these felonies are not of the “state-jail” variety):
-
5 – 50 lbs: 2 – 10 years, $10,000 fine
-
50 lbs – 1 ton: 2 – 20 years, $10,000 fine
-
1 ton+ : 5 – 99 years, $50,000 fine
What About Giving a Baggie to a Friend?
Texas law does not recognize little gifts as being the same as possession (like most states do). Therefore a gift of even less than 1/4 of an ounce carries the same 6-month $2,000 fine as simple possession, but without the probation requirements (i.e. you will likely serve time). If it is a sale of that same amount, the penalty jumps to 1 year. This applies to even extremely small amounts, even less than a single joint cigarette.
What About Other Sales?
Penalities for the sale or delivery of marijuana are also assigned by weight in Texas:
- 1/4 oz – 5 lbs: 6 months – 2 years, $10,000 fine
- 5 lbs – 50 lbs: 2 – 20 years, $10,000 fine
- 50 lbs – 1 ton: 5 – 99 years, $10,000 fine
- 1 ton or more: Mandatory minimum of 10 – 99 years, with a $100,000 fine
These are for either the sale OR delivery, meaning it is irrelevant whether or not you are actually paid or just just giving it to someone. On top of that, if the delivery or sale is to a minor (in ANY amount), that is punishable by an additional 2 – 20 years in prison. Also, sale within 1,000 feet of a school or within 300 feet of a youth center, public pool or video arcade increases the penalty classification to the next highest level (which in some cases is a difference of many years).
I am a Legal User of Medical Marijuana in my State. Can I Bring it into Texas?
Absolutely not. Texas does not recognize any form of medical marijuana, so all the same laws above apply to you, and if you are arrested while possessing marijuana, a medical card or doctor’s note will not be a valid defense. Federal law also does not recognize medical marijuana (even in your home state), so you should contact the Charles Johnson Law Firm before you ever try to carry medical marijuana over state borders.
Do I Need a Lawyer?
If you have been arrested in Texas for a marijuana crime, or have a legal prescription to marijuana and are thinking of going in state, it is very important to contact Dallas Criminal Defense Attorney Charles Johnson immediately. The laws in this field are extremely harsh and frequently changing, so having up to date facts and advice can be the difference between a minor hassle and a prison sentence.When it comes to cases involving drug possession, an experienced and effective criminal defense attorney can mean the difference between a prison sentence and reduced or dismissed charges. Dallas Drug Crimes Lawyer Charles Johnson is dedicated to defending the rights of the accused and is committed to the presumption of innocence. Even in less serious cases, a good criminal defense attorney can make a serious impact on the outcome of the case by ensuring that the rights of the accused are protected throughout the legal process. For these and other reasons, it is vital that those accused of a crime select the most competent, experienced and effective attorney available.If you have been accused of a crime, please contact us today for a free consultation with an aggressive and resourceful criminal defense attorney. We will work tirelessly to ensure the best possible outcome for your case. We are available 24 hours a day, 7 days a week to assist you with your criminal legal matter.
We can be reached 24 hours a day, 7 days a week.
Call us at 214-234-0111 or toll free at 877-308-0100.
Major Credit Cards Accepted.
|
| |
|
|
 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
