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Dallas Lawyer Blog
Archive for Drugs & Narcotics Offenses

Ecstasy is one of the most dangerous drugs threatening young people today. Called MDMA (3-4-Methylenedioxymethamphetamine) by scientists, it is a synthetic chemical that can be derived from an essential oil of the sassafras tree. MDMA is also one of the easiest illegal drugs to obtain. Its effects are similar to those of amphetamines and hallucinogens. Distributed almost anywhere, it has become very popular at social events like raves, hip hop parties, concerts, etc. frequented by both adults and youth. While not all “event” attendees use Ecstasy, the drug often makes the circuit of these parties and can set up dangerous circumstances that can affect everyone there.
While it may seem minor, an ecstasy possession offense can carry serious penalties in Dallas and throughout Texas. Dallas Criminal Lawyer Charles Johnson has proven his success in defending those charged with serious drug offenses. Attorney Johnson understands what you are up against, and knows the best defense strategies to preserve your rights and your freedom.
What is Ecstasy?
MDMA or Ecstasy is a Schedule I, synthetic, psychoactive drug possessing stimulant and hallucinogenic properties. Ecstasy possesses chemical variations of the stimulant amphetamine or methamphetamine and a hallucinogen, most often mescaline. Ecstasy is a semi-synthetic chemical compound. Ecstasy is a white, crystalline powder in its pure form. It is usually seen in capsule form, in pressed pills, or as loose powder. Average cost ranges from $10-$30 (U.S.) a dose. Ecstasy is rarely consumed with alcohol, as alcohol is believed to diminish its effects. It is most often distributed at late-night parties called “raves”, nightclubs, and rock concerts. As the rave and club scene expands to metropolitan and suburban areas across the country, ecstasy use and distribution are increasing as well.
- MDMA is a “mood elevator” that produces a relaxed, euphoric state. It does not produce hallucinations.
- MDMA takes effect 20 to 40 minutes after taking a tablet, with little rushes of exhilaration which can be accompanied by nausea. 60 to 90 minutes after taking the drug, the user feels the peak effects.
- Sensations are enhanced and the user experiences hightened feelings of empathy, emotional warmth, and self-acceptance.
- The effects of ‘real’ ecstasy subside after about 3-5 hours.
- Users report that the experience is very pleasant and highly controllable. Even at the peak of the effect, people can usually deal with important matters.
- The effect that makes MDMA different from other drugs is that it increases a sense of empathy, or the sensation of understanding and accepting others.
Teenagers and young adults are the primary abusers of MDMA; however, MDMA is gaining popularity among older users. According to TCADA, MDMA-related treatment admissions to TCADA-funded treatment facilities increased from 63 in 1998 to 521 in 2002. MDMA is widely available throughout Texas, particularly in metropolitan areas such as Austin, Dallas, Dallas, and San Antonio. DAWN data indicate that MDMA ED mentions in the Dallas metropolitan area increased dramatically from 17 in 1997 to 77 in 2001. Contributing to the threat is increasing MDMA availability in suburban and rural areas. Law enforcement authorities in Bee, Gonzales, and Wharton Counties report increased MDMA availability in their jurisdictions.
What is the history of ecstasy?
MDMA was patented as long ago as 1913 by the German company Merck. Rumor has it that the drug was sold as a slimming pill along with comic descriptions of its strange side effects, although it was never marketed and the patent doesn’t mention uses. The next time it came to light was in 1953 when the US army tested a number of drugs for military applications – again, folklore says it was tried as a truth drug but there is no evidence for this.
The years between 1977 and 1985 are viewed as the ‘golden age’ of Ecstasy. In psychotherapy, its use only appealed to a few experimental therapists since it didn’t fit in with the usual 50-minute psychotherapy session. The therapists that did use it include some of the most dynamic people in the field, including some who claimed that a five hour Ecstasy session was as good as 5 months of therapy.
By 1984 MDMA was still legal and was being used widely among students in the USA under its new name ‘Ecstasy’. (Rumor has it that a big-time dealer called it ‘Empathy’, although the name is more appropriate, he found that Ecstasy had more sales appeal.) In Dallas and Fort Worth, Texas, Ecstasy was even on sale in bars where you could pay by credit card. It replaced cocaine as the drug of choice among yuppies and even spread to people who normally kept well clear of drugs. However, it was this public and unashamed use that resulted in the drug being outlawed.
The criminalisation of ecstasy in America has wide-ranging consequences. The first was to prevent the drug being used by professional therapists, except in Switzerland. The second was to reduce the quality of the drug as sold on the street, because demand was now met by clandestine laboratories and the drug was distributed through the criminal network. Although the number of users was dramatically reduced at first, criminalisation did not prevent the drug’s popularity from spreading worldwide.
Nicknames and Street Names for Ecstasy
Ecstasy usually appears as a small pill or tablet in various colors, sometimes with a logo stamped on it. Here are the common nicknames and street names for Ecstasy:
- X, E, or XTC
- Adam
- Beans
- Candy
- Dancing Shoes
- Disco Biscuits
- Doves
- E-bomb
- Egg Rolls
- Happy Pill
- Hug Drug
- Love Drug
- Malcolm (or Malcolm X)
- Scooby Snacks
- Smartees
- Sweets
- Skittles
- Thizz
- Vitamin E or Vitamin X
- Vowels
Slang Terms for Ecstasy Use and Abuse
Here are some common slang terms for using Ecstasy or to describe someone who uses Ecstasy:
- Drop, Double Drop
- Thizzing
- Flip or Flipping
- Roll, Rolling
- Cuddle Puddle, E-Puddle
- E-tard
- Raver, Raving
What does it look like?
Ecstasy usually comes in a tablet form that is often branded. Such logos or trademarks include CK (Calvin Klein), shamrocks, stars, Woody the Woodpecker, Dino, Pinocchio, Snoopy, Love, and many other colors, symbols/logos. A sample of several logo/trademark tablets are shown below:
It is clear that most of the logos/trademarks found on Ecstasy tablets are aimed at young adults. The logos/trademarks entice one to believe that Ecstasy is safe, almost candy-like. Do not be fooled. While attractive and interesting, these tablets, even in their purest form, contain a dangerous controlled substance that could take your life. Keep in mind that it is not uncommon for such pills to be tainted with dangerous substances other than Ecstasy. Ecstasy is not produced in safely regulated laboratory environments where the contents of what goes into the drug are closely scrutinized.
How is it used?
Ecstasy is usually taken in pill form and swallowed and it can also be injected. Some users have been known to crush and snort the resulting powder. Others insert the pill into the anus where it is absorbed. This process is known as “shafting.” Liquid Ecstasy is actually GHB, a nervous system depressant-a substance that can also be found in drain cleaner, floor stripper and degreasing solvents.
What is the dosage?
E is almost always swallowed as a tablet or capsule. A normal dose is around 100-125 mg. Black market “ecstasy” tablets vary widely in strength, and often contain other drugs.
How Is MDMA Abused?
MDMA is taken orally, usually as a capsule or tablet. It was initially popular among Caucasian adolescents and young adults in the nightclub scene or at weekend-long dance parties known as raves. More recently, the profile of the typical MDMA user has changed, with the drug now affecting a broader range of ethnic groups. MDMA is also popular among urban gay males-some report using MDMA as part of a multiple-drug experience that includes marijuana, cocaine, methamphetamine, ketamine, sildenafil (Viagra), and other legal and illegal substances.
What are its short-term effects?
Users report that Ecstasy produces intensely pleasurable effects – including an enhanced sense of self-confidence and energy. Effects include feelings of peacefulness, acceptance and empathy. Users say they experience feelings of closeness with others and a desire to touch others. Other effects can include involuntary teeth clenching, a loss of inhibitions, transfixion on sights and sounds, nausea, blurred vision, chills and/or sweating. Increases in heart rate and blood pressure, as well as seizures, are also possible. The stimulant effects of the drug enable users to dance for extended periods, which when combined with the hot crowded conditions usually found at raves, can lead to severe dehydration and hyperthermia or dramatic increases in body temperature. This can lead to muscle breakdown and kidney, liver and cardiovascular failure. Cardiovascular failure has been reported in some of the Ecstasy-related fatalities. After-effects can include sleep problems, anxiety and depression.
- Impaired judgment
- False sense of affection
- Confusion
- Depression
- Sleep problems
- Severe anxiety
- Paranoia
- Drug cravings
- Muscle tension
- Faintness and chills or swelling
- Involuntary teeth clenching
- Blurred vision
- Nausea
What are its long-term effects?
Repeated use of Ecstasy ultimately may damage the cells that produce serotonin, which has an important role in the regulation of mood, appetite, pain, learning and memory. There already is research suggesting Ecstasy use can disrupt or interfere with memory.
- Long-lasting brain damage affecting thought and memory
- Damage to portions of the brain that regulate critical functions such as learning, sleep and emotion
- It is as if the brain switchboard was torn apart, then rewired backwards
- Degenerated nerve branches and nerve endings
- Depression, anxiety, memory loss
- Kidney failure
- Hemorrhaging
- Psychosis
- Cardiovascular collapse
- Convulsions
- Death
What are some types of paraphernalia associated with Ecstasy use?
- Pacifiers, Blo-pops, Popsicle sticks
- M&Ms, Skittles, Tootsie-Rolls, Candy necklaces
- Glo-sticks, Bottled water
- Dust / surgical masks
- Vicks Vapor Rub
- Strobe lights
- Suppository bottles
The pacifier is used to prevent the grinding of teeth that is often a physical side effect when using Ecstasy. Glow sticks are used to increase the visual psychedelic effects associated with the use of Ecstasy. Vapor rub in a surgical mask that is placed over the nose and mouth is used to enhance the euphoric effects of Ecstasy. None of these items alone indicates use of Ecstasy. However, in the right context, such items are tools which enhance the Ecstasy “high,” and cut down on the undesirable effects of the drug.
How Does MDMA Affect the Brain?
MDMA exerts its primary effects in the brain on neurons that use the chemical (or neurotransmitter) serotonin to communicate with other neurons. The serotonin system plays an important role in regulating mood, aggression, sexual activity, sleep, and sensitivity to pain. MDMA binds to the serotonin transporter, which is responsible for removing serotonin from the synapse (or space between adjacent neurons) to terminate the signal between neurons; thus MDMA increases and prolongs the serotonin signal. MDMA also enters the serotonergic neurons via the transporter (because MDMA resembles serotonin in chemical structure) where it causes excessive release of serotonin from the neurons. MDMA has similar effects on another neurotransmitter-norepinephrine, which can cause increases in heart rate and blood pressure. MDMA also releases dopamine, but to a much lesser extent.
MDMA can produce confusion, depression, sleep problems, drug craving, and severe anxiety. These problems can occur soon after taking the drug or, sometimes, even days or weeks after taking MDMA. In addition, chronic users of MDMA perform more poorly than nonusers on certain types of cognitive or memory tasks, although some of these effects may be due to the use of other drugs in combination with MDMA. Research in animals indicates that MDMA can be harmful to the brain-one study in nonhuman primates showed that exposure to MDMA for only 4 days caused damage to serotonin nerve terminals that was still evident 6 to 7 years later. Although similar neurotoxicity has not been shown definitively in humans, the wealth of animal research indicating MDMA’s damaging properties strongly suggests that MDMA is not a safe drug for human consumption.
Addictive Potential
For some people, MDMA can be addictive. A survey of young adult and adolescent MDMA users found that 43 percent of those who reported ecstasy use met the accepted diagnostic criteria for dependence, as evidenced by continued use despite knowledge of physical or psychological harm, withdrawal effects, and tolerance (or diminished response). These results are consistent with those from similar studies in other countries that suggest a high rate of MDMA dependence among users. MDMA abstinence-associated withdrawal symptoms include fatigue, loss of appetite, depressed feelings, and trouble concentrating.
What Other Adverse Effects Does MDMA Have on Health?
MDMA can also be dangerous to overall health and, on rare occasions, lethal. MDMA can have many of the same physical effects as other stimulants, such as cocaine and amphetamines. These include increases in heart rate and blood pressure-which present risks of particular concern for people with circulatory problems or heart disease-and other symptoms such as muscle tension, involuntary teeth clenching, nausea, blurred vision, faintness, and chills or sweating.
In high doses, MDMA can interfere with the body’s ability to regulate temperature. On rare but unpredictable occasions, this can lead to a sharp increase in body temperature (hyperthermia), which can result in liver, kidney, cardiovascular system failure, or death. MDMA can interfere with its own metabolism (breakdown within the body); therefore, potentially harmful levels can be reached by repeated MDMA administration within short periods of time. Other drugs that are chemically similar to MDMA, such as MDA (methylenedioxyamphetamine, the parent drug of MDMA) and PMA (paramethoxyamphetamine, associated with fatalities in the United States and Australia), are sometimes sold as ecstasy. These drugs can be neurotoxic or create additional health risks to the user. Furthermore, ecstasy tablets may contain other substances, such as ephedrine (a stimulant); dextromethorphan (DXM, a cough suppressant); ketamine (an anesthetic used mostly by veterinarians); caffeine; cocaine; and methamphetamine. Although the combination of MDMA with one or more of these drugs may be inherently dangerous, users who also combine these with additional substances such as marijuana and alcohol may be putting themselves at even higher risk for adverse health effects.
What Treatment Options Exist?
There are no specific treatments for MDMA abuse and addiction. The most effective treatments for drug abuse and addiction in general are cognitive-behavioral interventions that are designed to help modify the patient’s thinking, expectancies, and behaviors related to their drug use and to increase skills in coping with life stressors. Drug abuse recovery support groups may also be effective in combination with behavioral interventions to support long-term, drug-free recovery. There are currently no pharmacological treatments for addiction to MDMA.
What are the symptoms of ecstasy withdrawal?
The most common ecstasy withdrawal symptoms include but are not limited to:
- depression
- anxiety
- panic attacks
- sleeplessness
- “de-personalization”
- “de-realization”
- paranoid delusions
Ecstasy Distribution
Ecstasy is NOT legally produced anywhere in the world. Most of the MDMA abused in Texas is produced in the Netherlands and Belgium. MDMA production may be emerging in Texas, but to a very limited extent. MDMA is smuggled into Texas from Canada, Europe, and Mexico primarily by Israeli criminal groups. To a lesser extent, Dominican criminal groups also smuggle MDMA into Texas. MDMA transporters use several means to smuggle the drug, including couriers on foot entering the United States from Mexico, couriers traveling on commercial and private aircraft, private vehicles, and via package delivery services.
Caucasian local independent dealers and, to a lesser extent, Asian criminal groups, are the primary wholesale and retail distributors of MDMA in Texas. Many retail-level MDMA distributors in Texas are middle and upper-middle class Caucasian high school or college students. MDMA typically is distributed at colleges, raves, nightclubs, and private parties. MDMA distributed in Texas often is stamped with a brand name or a logo. According to DEA, in the fourth quarter of FY2002 MDMA sold for $25 per tablet in Dallas, $16 to $20 per tablet in El Paso, and $10 to $30 per tablet in Dallas.
MDMA also is transported from Texas to destinations in other U.S. states. For example, some Asian criminal groups transport shipments of MDMA from Texas, primarily overland, to major drug markets on the East Coast.
A large proportion of the retail trade is conducted by people buying for their friends without making a profit, although usually gaining a few free tablets for their own consumption. Then there are the dealers who are trusted as connoisseurs of the drug, and will describe the subtle qualities of the particular batch from personal experience. This type of dealer never sells to the public but only to regular clients who respect them, so the dealer cannot afford to provide poor quality.
Another variation, more common among working class men, is for friends to arrange a meeting place, usually a pub, before a rave. One person knows of a supply and collects money on behalf of the others, then returns with the drugs which cost each person less than if they had bought separately. This method carries more risk, either of losing your money or of getting poor quality. The person buying for the others also runs the risk of far greater penalties.
A more commercial form of supply is by individuals who buy 100 or so and are either ‘known’ at certain clubs, or go around offering them for sale. They may be honest, especially if they are known, but they may also be selling fake pills. A new trend is for ‘retail specialists’ to sell in a club or at a rave. These are organized gangs, but probably not part of a large syndicate. They cooperate with security staff or the promoters of raves and clubs. The club or rave organizers put on a show of heavy security, searching people on their way in so as to exclude dealers. This leaves the way open for the gang to sell inside. Some members go around asking people if they want to buy drugs without carrying stock themselves so that, if arrested, they will not be accused of ‘supply’ and may get off with a fine. The stock and money is carried by members who are well protected by body guards, and lookouts warn of police activity inside and outside the venue. They have contingency plans worked out in case of a surprise raid, for example members who are free of drugs might cause a fight so as to attract the attention of the police while those carrying drugs and money escape.
Punishment for Ecstasy Possession, Distribution or Manufacturing
MDMA is a controlled substance in Texas. Unlike a state such as California, which has not explicitly scheduled MDMA, but instead considers it as within its broad “controlled substance analogue” provisions, MDMA is an explicitly scheduled substance in Texas. MDMA has been placed it in “Group 2″ of the Texas controlled substance hierarchy. (See Tex. Health & Safety Code, Sec. 481.103).
Punishment for Simple Possession of MDMA
The punishment for simple possession of MDMA in Texas is dependant upon the weight of the MDMA (See Tex. Health & Saf. Code, Sec. 481.116):
- Less than 1 gram = “state felony” with a mandatory minimum of 180 days in county jail up to 2 years and a fine of up to $10,000. (Tex Pen. Code, Sec. 12.35).
- 1 gram, but less than 4 grams = “felony 3rd degree” with a mandatory 2 year minimum, up to 10 years, and a fine of up to $10,000. (Pen. Code, Sec. 12.34.)
- 4 grams, but less than 400 grams = “felony 2nd degree” with a mandatory 2 year minimum, up to 20 years, and fine of up to $10,000 (Pen. Code, Sec. 12.33)
- 400 grams or more = mandatory 5 year minimum, with possible life imprisonment (Health & Saf. Code, Sec. 481.116)
Punishment for distributing or manufacturing MDMA, possessing it with the intent to distribute
Distributing or manufacturing MDMA, possessing it with the intent to distribute it is punishable as follows. (See Tex. Health & Saf. Code, Sec. 481.113):
- Less than 1 gram = “state felony” with a mandatory minimum sentence of 180 days in county jail up to 2 years and a fine of up to $10,000. (Tex Pen. Code, Sec. 12.35).
- 1 gram, but less than 4 grams = “felony 2nd degree” with a mandatory 2 year minimum, up to 20 years, and fine of up to $10,000 (Pen. Code, Sec. 12.33)
- 4 grams, but less than 400 grams = “felony 1st degree” with a mandatory 5 year minimum, up to possible life imprisonment and maximum $10,000 fine. (See Pen. Code, Sec. 12.32)
- 400 grams or more = mandatory 10 year minimum, with possible life imprisonment (Health & Saf. Code, Sec. 481.113)
Hire the Best Dallas Criminal Lawyer: The Charles Johnson Law Firm
If you or your child has been arrested or charged with any crime involving ecstasy, you must act quickly. The drug laws are incredibly complex and difficult to navigate without the assistance of a skilled criminal defense attorney. Texas treats all Ecstasy crimes harshly. No one accused of an Ecstasy crime should attempt to handle their case without a good lawyer. The law provides the maximum possible sentence and it is up to your attorney to fight for your rights and work to improve your situation. At the Charles Johnson Law Firm, we have successfully defended many types of drug charges throughout Texas and we can expertly handle your Dallas Ecstasy case.
Anyone under investigation for sales, possession, under the influence, manufacturing, trafficking, importing, distributing or transporting ecstasy can expect very serious penalties if convicted. At the Charles Johnson Law Firm, we help clients who have been arrested for drug crimes involving ecstasy. Do not give up hope, even if you feel there may be solid evidence against you or a loved one, there are still many legal defenses that may help to have your charges minimized or dismissed entirely. Take advantage of the free initial consultation to discuss your options. The free consultation is an opportunity to discuss your case in detail and Dallas Criminal Lawyer Charles Johnson will answer any questions that you may have regarding your ecstasy charges.
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.
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Charles Johnson |
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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 |
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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 |
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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
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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):
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5 – 50 lbs: 2 – 10 years, $10,000 fine
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50 lbs – 1 ton: 2 – 20 years, $10,000 fine
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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.
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