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Dallas Lawyer Blog
Archive for Free Criminal Defense Information
 If you are suspected of or charged with rape or sexual assault, you are facing serious jail time and sex offender registration. There is no question you need the biggest heavy hitter you can find to defend you. When confronted with a rape or sexual assault charge in the Dallas area, it is important that you contact Texas Sexual Assault Lawyer Charles Johnson immediately; your freedom and your future depend on it.
The average jail time for those convicted of rape is 117 months—that’s 9.75 years. Even those wrongfully brought up on rape charges serve this amount of time, and without a good sex crime lawyer it’s very possible that you may face this amount of time in jail as well. In the eyes of the law, if a jury convicts you of rape charges, you’re guilty and your reputation is ruined. Proper legal representation for your rape or sexual assault charges is vital. If you are charged with rape or other sex charges, contact Dallas Sexual Assault Lawyer Charles Johnson immediately, even before speaking to the police. The Charles Johnson Law Firm represents rape and sex crime cases throughout Texas and has offices conveniently located in Dallas, Houston, Austin and San Antonio. Attorney Johnson is available anytime night or day at (214) 234-0111 to discuss your case.
Don’t Make A Serious Mistake: Make The Right Choice For Your Sex Crimes Defense Attorney
Unlike many other types of criminal defense cases, sexual assault defense cases require an extremely delicate touch. Sexual assault is a term which encompasses rape, attempted rape, sexual abuse and battery, molestation, and other crimes.
One of the most difficult aspects of sexual assault defense is the fact that there are rarely ever any witnesses to sexual assault crimes. In addition to the lack of witnesses, there is usually little evidence a rape, attempted rape, molestation, or other sex crime, ever occurred. Taking away evidence and witnesses, what we are left with is one word vs. another – the victim’s claim, and the suspect’s defense, both people’s lives often drastically affected by the severity of the event and the legal outcome.
It is the responsibility of your lawyer to thoroughly research all aspects of your case and assist you with whatever legal facilitation you need through this difficult time.
If you or someone you care about is facing a charge of rape or sexual assault, you can’t afford to make a mistake with who you hire as your Dallas Sex Crimes Defense Attorney. These types of criminal charges demand an attorney that has defended these types of cases successfully for many years. Our proven results are among the best in the legal profession in Texas. We know how to very aggressively and successfully defend Texas sex crime charges, and we know how to make sure you are legally protected to the maximum extent possible.
Make the wrong move – hire an attorney who only handles these cases “occasionally,” or hire an attorney based on the lowest fee you’re quoted – and you may find yourself in prison for something you may not be legally guilty of doing. If you are in this situation right now, you probably have a hundred questions to ask. Contact Dallas Sexual Assault Lawyer Charles Johnson anytime night or day at (214) 234-0111 for your free consultation. Attorney Johnson will help you decide what, legally, you need to do.
What Is Sexual Assault?
“Sexual Assault” is any form of sexual contact or penetration that is committed against another person without his or her consent. Victims of sexual assault can be compelled to participate through physical force, fear, coercion, deception, or the use of intoxicants such as drugs or alcohol. Some types of sexual violence that doesn’t involve force or other forms of compulsion are still considered criminal.
Sexual Assault is broadly defined as the full range of forced sexual acts, including forced touching or kissing; verbally coerced intercourse; and vaginal, oral, and anal penetration. Researchers typically include in this category only acts of this nature that occur during adolescence or adulthood; in other words, childhood sexual abuse is defined separately. Both men and women can be sexually assaulted and can commit sexual assault. The vast majority of sexual assaults, however, involve male perpetrators and female victims.
Other examples of sexual assault include:
Date or acquaintance rape which involves non-consensual sexual intercourse committed by a date or someone known to the victim, such as an acquaintance, friend, co-worker, date, or spouse. This includes incidents where the victim is unable to provide consent (e.g. unconscious, asleep, or under the influence of a substance). Most rapes are acquaintance rapes.
Alcohol-involved rape: Rape in which the perpetrator, the victim, or both are under the influence of alcohol at the time of the incident.
Attempted rape: An act that fits the definition of rape, in terms of the strategies used, but does not result in penetration.
Childhood sexual abuse: Sexual abuse that occurs to a child (the term “child” is generally defined as age 13 or younger). Child sexual abuse is a form of child abuse in which an adult or older adolescent uses a child for sexual stimulation. Forms of child sexual abuse include asking or pressuring a child to engage in sexual activities (regardless of the outcome), indecent exposure (of the genitals, female nipples, etc.) to a child with intent to gratify their own sexual desires or to intimidate or groom the child, physical sexual contact with a child, or using a child to produce child pornography.
Date rape: Rape committed by someone that the victim is dating. Among college students, approximately one-half of all rapes are committed by a date.
Marital rape: Rape committed by the victim’s spouse. Marital rape often is committed in association with verbal and physical abuse.
Stranger rape: Rape committed by someone that the victim does not know. Less than 20 percent of rapes are committed by strangers, although most people believe that stranger rape is the prototypical rape.
“Flashing” or “Exhibitionism” involves the exposure of a person’s genitals to cause alarm or fear in another person or to provoke sexual interest in the viewer.
“Peeping” or “Voyeurism” is secretively observing someone, without the person’s permission, for the purpose of sexual gratification.
“Stalking” or “Cyber stalking” are forms of harassment generally comprised of repeated and persistent following, calling, writing, texting, etc. with no legitimate reason and with the intention of harming, or so as to arouse anxiety or fear of harm in the person being followed or contacted.
Anyone — men, women, and even children — can be sexually assaulted. Sexual assault is usually defined as sexual activity between two or more people in which one of the people is coerced or threatened with harm. The sexual activity may include fondling, sexual intercourse, oral sex, and/or anal sex. The sexual aggressor can be a family member, like a husband or father, or a friend, date, acquaintance, or stranger.
Sexual assault is a crime that has become an epidemic problem. Sexual assault can be an extremely stressful, terrifying event and can severely disrupt the victim’s lifestyle and coping patterns. During a sexual assault, the victim may have feelings of powerlessness and uncertainty about whether he or she will survive. Frequently the victim’s life is directly threatened and the victim may be physically injured in a variety of ways. At the same time, the victim must remain alert, trying to protect him or herself from even more harm. Children who may be present are often threatened, adding to the terror and causing the victim to feel responsible for protecting them.
Studies show that the impact of sexual assault varies from person to person. Victims may no longer feel safe, may lose self-esteem, feel powerless, and lose the ability to trust others or develop intimacy. The more terrifying the assault, and the more the person’s life is threatened, the more problems victims usually have afterwards. Having suffered previous traumatic events can also contribute to greater problems.
Sexual assault of adolescent and adult women has been called a silent epidemic, because it occurs at high rates yet is rarely reported to the authorities. Several reasons contribute to the underreporting of sexual assault cases. Many victims do not tell others about the assault, because they fear that they will not be believed or will be derogated, which, according to research findings, is a valid concern. Other victims may not realize that they have actually experienced legally defined rape or sexual assault, because the incident does not fit the prototypic scenario of “stranger rape.” For example, in a study by Abbey and colleagues, a woman wrote, “For years I believed it was my fault for being too drunk. I never called it ‘rape’ until much more recently, even though I repeatedly told him ‘no’.”
Defendants Charged With Sexual Assault
Unfortunately in many of these cases there is a tendency to favor the victim’s claim and assume that he or she is telling the truth, no matter the actual believability of the story. The courts are supposed to be fair and equal, but that is not always the case. This is why it is imperative that you find a lawyer that believes you, is on your side, and will be aggressive in making sure your story is heard while defending your rights and fighting for your freedom.
Whether there is evidence of a crime or not, an effective and experienced criminal defense lawyer should know how the legal system works and how to best defend your rights and your case. Sexual Assault defense requires many resources including precision, experience, knowledge, and dedication, all aspects that you will find when working with our lawyers. At the Charles Johnson Law Firm, we defend each of our clients with every available tactic, legal technique, investigative research, and more to secure their vindication and release. In short, we will do our best to win your case.
If you have been charged with, or are charging someone with sexual assault of any sort, please protect your rights and contact Dallas Sexual Assault Lawyer Charles Johnson anytime night or day at (214) 234-0111 to discuss your case.
Victims of Sexual Assault in Society
Cultural and Religious Issues
Issues having the most profound impact on victims may, in part, be attributed to their cultural or religious backgrounds. For some victims, problems associated with poverty and discrimination, as well as inadequate access to quality health care, already have resulted in a high incidence of victimization. There may exist a general distrust of medical and law enforcement personnel who play vital roles in the aftermath of sexual assault, particularly if there has been a history of unpleasant or disappointing experiences with these professionals.
In some cultures, the loss of virginity is an issue of paramount importance which may render the victim unacceptable for an honorable marriage. In other cultures, the actual event of the assault may be a more signi?cant issue of concern for the family than is the victim’s loss of virginity.
Some religious doctrines prohibit a female from being disrobed in the presence of a male who is not her husband. A genital examination by a male physician also may be forbidden. These practices are often considered a further violation of the victim, the family or both.
The Elderly Victim
As with most other victims, elderly victims experience extreme humiliation, shock, disbelief and denial. However, full emotional impact of the assault may not be felt until the victim is alone, well after initial contact with physicians, police, legal and advocacy groups. During this time, elderly victims must deal with having been violated and possibly infected with sexually transmitted diseases. This is also when the elderly become more acutely aware of their physical vulnerability, reduced resilience and mortality. Fear, anger or depression can be especially severe in elderly victims who are isolated, have no con?dant or live on meager incomes. Fear of losing independence as a result of family members learning about the sexual assault can be a strong deterrent to reporting. Recognizing that the offender may be a family member, friend or caretaker is also important.
The Victim with Disabilities
Persons having mental or developmental disabilities may be confused or frightened, unsure of what occurred, or they may not even understand that they have been exploited and are victims of a crime. In sexual assault cases involving victims with mental or developmental disabilities, using anatomically detailed dolls has proven to be a successful means of communication. Only those speci?cally trained in their use should use anatomically detailed dolls. In some cases, offenders may be family members, caretakers or friends who in?ict repeated abuse because their victims are not able to report the crimes against them.
The Male Victim
It is believed that the number of adult male victims of sexual assault who report the crime or seek medical care or counseling represents only a very small percentage of those actually victimized. Although many adult males do not seek medical care unless they also have been seriously injured, male child victims are now being seen at hospitals in increasing numbers. This increase, in large measure, is a direct result of public education and more stringent child abuse reporting laws throughout the nation.
The male victim may have serious concerns regarding his inability to prevent the assault. There also may be confusion about the nature of his role as victim/participant because of a possible involuntary physiological response to the assault, such as stimulation to ejaculation. Male victims need reassurance that they were the victims of a violent crime which was not their fault, and that other sexually assaulted males have survived to function normally in every way.
The Child and Adolescent Victim
Children are not small adults either physiologically or emotionally. Just as the physical examination protocol for children is different from the protocol for adults, the emotional needs of the child are also different. Children require the services of individuals speci?cally trained to provide the crisis intervention, medical examination and long-term treatment that will surely be needed as a result of acute sexual assault or chronic sexual abuse.
Adolescents are experiencing a transition from childhood to adulthood and show extremely variable reactions which may be a reflection of their individual developmental stage. There is no typical adolescent victim, and the approach to each is a challenge for even the most experienced practitioner. Acquaintance or “date rape” may be the most under-reported type of sexual assault. Clearly, access to long-term treatment by speci?cally trained individuals is essential for all child and adolescent victims.
The Domestic Violence Victim
Sexual assault by a spouse or other familial is a grave indicator of the danger a victim faces and must be taken seriously. Forced sex is a factor in determining the potential for lethality; a woman who is raped by her partner is more likely to die at his hands. Medical personnel must determine whether the victim is a domestic violence victim so proper services and referrals can be provided.
A victim who has been sexually assaulted by a partner has likely been suffering other forms of violence during the relationship. Many victims keep physical, emotional and sexual abuse hidden from friends and family members for numerous reasons: many religions and cultures prohibit divorce, the victim believes that the abuse is deserved or does not realize a crime has been committed, the victim has no support system, the victim is ?nancially dependent upon the abuser, or the victim fears the abuser will harm or take the children.
The Homosexual Victim
Homosexual male and lesbian victims are often reluctant to seek services for a number of reasons. There is concern of encountering barriers of prejudice or homophobia, as well as fears that the assault will not be taken seriously or even perceived as a crime. Many times the homosexual community in a given area is small; this results in limited access to quali?ed service providers, and the fear that the entire community will ?nd out about the attack. Another consideration is that the victim’s family, friends or co-workers may not be aware of the victim’s sexual orientation. Fears of ostracism by peers and family can be more traumatizing for the victim than the attack.
Bisexual and transgender victims are also at high risk for encountering prejudice and ridicule as a result of reporting sexual assault. Recognizing that sexual assault is always a crime and knowing appropriate referrals for victims who are not heterosexual is essential for all involved.
Victimization Involving Alcohol/ Drugs
Alcohol is the drug most frequently used to facilitate sexual assault. Victims often believe that because they voluntarily consumed alcohol, ecstasy or some other drug, they are to blame for the assault. It is important to understand that intoxication and the resulting diminished abilities are not causes of sexual assault; they are tools used to aid in commission of this crime.
Victims who have ingested a drug or combination of drugs may not be aware that they have been sexually assaulted. Victims may experience unexplainable soreness or injuries or a disheveled appearance. Events described as “dreamlike” or that cannot be remembered at all are strong indicators that toxicology screens are warranted and should be discussed.
Victim Reactions to Sexual Assault
After a sexual assault, victims can experience a range of responses. However, some patterns are especially common. Some victims report that they have repeated and frequent memories of the sexual assault that intrude on their thoughts and cannot be controlled; flashbacks, or a feeling as if they are reliving the sexual assault; nightmares; and difficulty sleeping. In addition, sexual assault victims may experience feelings of being “on edge,” having trouble concentrating, feeling the need to continually watch over their shoulder, or being easily startled (for example, jumping at the sound of someone’s voice from behind). Victims also report that they tend to avoid reminders of the sexual assault, including avoiding places that may resemble the place where they were assaulted; may feel less interested in things that they used to enjoy; and may feel emotionally numb. Victims may also withdraw from social interaction or settings. When these problems persist and disrupt daily life, mental health professionals call this group of symptoms posttraumatic stress disorder (PTSD).
In addition to PTSD, sexual assault victims frequently find that they feel depressed and hopeless about the future, which can lead to thoughts about suicide. Many victims also report that they feel like the sexual assault was somehow “their fault,” resulting in feelings of self-blame and self-doubt. Frequently, sexual assault victims also say that they feel generally unsafe and often have difficulties with trust and intimacy. It is also common for sexual assault victims to have questions about their physical health and develop problems related to their sexual functioning. Lastly, sexual assault victims may resort to using drugs or alcohol to cope with their symptoms.
Women who become victims of sexual assault typically experience the victimization as a traumatic event. There are common reactions to this kind of trauma or shock; but at the same time, each woman responds in her own unique way.
- Fear responses: The most common victim reaction to sexual assault is fear. At the time of the assault, most victims have an overwhelming experience is fear — of being physically injured (beaten, cut, shot, etc.) or even of being killed. Fear responses associated with the assault (to certain sights, sounds, smells, thoughts, etc.) can persists for weeks, months, or even years. Victims who have been assaulted typically avoid anything which reminds them of the assault (places, situations, people, etc.). Some men and women become so fearful that they greatly restrict their activities, even to the point that they are unable to leave their homes or to be left alone.
- Losing control: After experiencing a sexual assault, many men and women fear that they are losing control over their lives. They have been forced to participate in an act that was against their wills. They lost control over their lives at the time of the assault, and this feeling of loss of control may continue after the assault.
- Flashbacks: Victims may re-experience the assault over and over again in their thoughts and/or in their dreams. When this happens, it is almost as though the assault is actually occurring again. This reexperience of the event is called a flashback.
- Trouble concentrating: Sexual assault victims may find that they have trouble concentrating on things. It is as though they cannot keep their minds on what they are doing. This is can be frustrating and add to the sense of loss of control.
- Guilty feelings: The most common source of guilty feelings are the result of self-blame. The victims tells him- or herself such things as, “I should not have been out that late,” or “I should have been dressed differently,” or “If I had been more careful about locking the door, this would not have happened.” Sexual assault victims may also feel guilty about what they had to in order to survive the assault, such as activities the victim felt he or she had to engage in in an effort to save him- or herself from serious physical harm or even death. In some instances, guilty feelings result from the fact that others may have been seriously harmed more than the victim herself. This is referred to as survivor’s guilt.
- Feeling “dirty”: Self-image frequently suffers as a result of the assault. Many victims report feeling “dirty” and may take frequent showers in an effort to feel clean.
- Depression: Another common reaction to sexual assault is a sense of sadness or depression. There may be feelings of hopelessness and despair, frequent crying spells, and sometimes even thoughts of suicide. A loss of interest in activities and things that previously were enjoyable often accompanies these feelings of sadness and despair. Nothing seems like it is fun anymore.
- Disrupted relationships: It is not unusual to see a disruption in relationships with others after a sexual assault. This is, in part, a result of the withdrawn behavior that frequently accompanies sadness and depression. The victim may also feel embarrassment and ashamed about what happened to them. However, the support of friends and family plays a vitally important role in the victim’s recovery from the trauma of sexual assault.
- Loss of interest in sex: After an assault it is not unusual for the victim to experience a significant loss of interest in sexual relations. It is understandable that sexual assault trauma would lead to an avoidance of sexual activity. There may be other factors involved, however. For instance, it is very common for people who are depressed to experience a decrease in libido or sexual drive.
Sexual Paraphilias (Sexual Deviations)
Definition: Receiving Sexual Arousal or Gratification in Response to Objects, Situations, and/or Non-Consenting Partners
Sexual paraphilias are commonly referred to as “sexual deviations”. There are four of these disorders, 1) sexual dysfunctions, 2) paraphilias, 3) gender identity disorders, and 4) sexual disorder not otherwise specified.
The essential feature of a paraphiliac disorder is reoccurring sexual urges and sexually arousing fantasies generally involving: (1) Non-human objects, (2) the suffering or humiliation of oneselfor one’s partner (not merely simulated), or (3) children or other nonconsenting partners.
For some individuals with a paraphilia, the paraphiliac fantasies or stimuli may always benecessary for erotic arousal and are always included in the individual’s sexual activity (including criminal activity).
In others, it occurs only episodically, i.e. during periods of stress. At other times, the person canfunction sexually without the paraphiliac fantasy or stimuli. In some instances, the paraphiliacbehavior may become the major sexual activity in this person’s life.
It is commonly accepted that when an individual is identified as having one paraphilia, there areat least one or more additional paraphilias. These individuals rarely seek treatment on their own; usually they come to the attention of mental health professionals only when their behavior has brought them into conflict with sexual partners or society (i.e. they get arrested for criminal behavior).
Any or all of the paraphilias may be exhibited by an offender during a sexual assault of a victim (adult or child). The following is a comparison of the recognized sexual paraphilias to criminal conduct:
COPROPHILIA
Feces. |
False imprisonment, assault. |
EXHIBITIONISM
The exposure of one’s genitals to a stranger. |
Indecent exposure.
Disorderly (lewd) conduct. |
FETISHISM
Nonliving objects (fetishes). The individual frequently masturbates while holding, rubbing or smelling the object or asks his partner to wear the object. |
Burglary, theft, rape. |
FROTTEURISM
Touching or rubbing against a nonconsenting (or unknowing) partner. |
Assault, battery, sexual battery. |
HYPOXYPHILIA
(KOTZWARRAISM)Producing sexual excitement by mechanical or chemical asphyxiation (hypoxia). |
Accidental death, involuntary manslaughter. |
INFIBULATION
Cutting, alteration, branding, infusion of the genitals (one’s own or another’s) |
Assault with a deadly weapon, kidnapping, sexual battery, mayhem. |
KLISMAPHILIA
Enemas. |
Penetration by foreign object. |
MASOCHISM
The person is aroused by being humiliated, beaten, bound, or otherwise made to suffer. |
Disorderly conduct; prostitution. |
NECROPHILIA
Sexual arousal with corpses. |
Burglary, unauthorized mutilation, theft. |
PARTIALISM
Exclusive focus on part of a body (living). |
Sexual battery, assault, assault with a deadly weapon. |
PEDOPHILIA
Sexual attraction to another who is legally a child (prepubescent child). |
Rape, lewd or lascivious acts with a child, oral copulation, penetration by foreign object, sodomy, annoying children, child pornography, kidnapping. |
PIQUERISM
Piercing of the body. |
Assault with a deadly weapon, sexual battery, mayhem, tattooing. |
SADISM
Receiving sexual arousal or gratification inresponse to another’s suffering (physical orpsychological). |
Rape, oral copulation, sodomy, penetration by foreign object, assault with a deadly weapon, kidnapping, murder. |
TELEPHONE SCATOLOGIA
Talking lewdly, on the telephone, usually to strangers. |
Obscene phone calls. |
TRANSVESTISM
Cross-dressing, wearing the clothing of the opposite sex. |
Disorderly conduct, prostitution, theft, burglary, robbery. |
UROPHILIA
Urine. |
Assault, false imprisonment. |
VOYEURISM
Observing unsuspecting people who are naked or engaging in sexual activity. |
Disorderly conduct; “peeping” and prowling. |
ZOOPHILIA
Animals. |
Sexually assaulting an animal. |
Texas law covers a long list of sex crimes, from rape and sexual assault to statutory rape and indecent exposure. They are all serious offenses, but among the most serious is involuntary deviate sexual intercourse. Similar to rape, it’s a crime centered around forcible sexual intercourse. Penalties can be severe, especially if a child is involved.
 If you are facing involuntary deviate sexual intercourse charges in the Dallas area, contact Dallas Lawyer Charles Johnson, an experienced involuntary deviate sexual intercourse defense attorney in Texas. Call today. It is important to start working on your defense right away.
We Defend All Sex Crime Charges
Our sexual assault defense practice helps people charged with, but not limited to:
- Child molestation, possession of child pornography, sexual assault
- Statutory rape, sodomy, rape
- Deviant sexual assault, sexual misconduct, enticement of minors
A conviction can mean jail or prison time as well as thousands of dollars of fines. A conviction can also require lifetime registration as a sexual offender. These sex offender registrations are open to the public including family members and employers. Failure to register as a sex offender can result in new convictions and incarceration.
Through training and experience we have a unique view and ability to handle theses types of cases. These types of cases have unique and special rules that other types of cases do not. We have experience to deal with those issues such as:
- Special hearsay rules for child witnesses
- Dealing with forensic interviews by law enforcement or therapists.
- Interpreting clinical medical exams such as SAFE exams.
- Obtaining and using evidence of prior instances of abuse from state agencies.
- Dealing with the child witness on the witness stand.
No matter what type of sex crime you are charged with, we will respect your dignity and work to protect your reputation.
Hire the Best Sexual Assault Lawyer: Dallas Criminal Lawyer Charles Johnson
Sexual Assault is a serious, life-changing event and allegation, which is why the courts take the claims so seriously. However, too frequently, there is a lack of evidence and witnesses that helps the criminal defense attorney working for the defendant to win the case. A defendant may sometimes avoid prosecution and punishment simply by just claiming a rape, molestation, attempted rape or other sexual assault act never happened.
Sometimes the prosecutor’s office is so inundated with cases that your personal case may not receive the attention it deserves. With extensive expertise in the area of sexual assault, good criminal defense lawyers are in a unique position to predict the probable legal maneuvers of the defendant’s lawyers and to address and challenge those maneuvers before they become an issue or a possible way for the defense lawyers to win their client’s case.
For this reason it is an extremely smart idea to hire the best criminal defense attorney to ensure your case is given the time and importance it should have. Contact Dallas Lawyer Charles Johnson directly at (214) 234-0111 now to discuss your case. He is available around the clock to take your call.
 Download “Legal Options for Charges of Sexual Assault By Dallas Sex Crimes Lawyer Charles Johnson” in PDF Format
Related News Stories – Sexual Assault Arrests in Dallas, Texas
Report: Suns' Beasley investigated in sex assault probe
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 If you have been charged with a drug possession in Dallas, you do not necessarily have to face a conviction for this serious offense. The Texas state prosecutor is required to prove you committed every element of the offense beyond a reasonable doubt. If your experienced Dallas Criminal Lawyer is able to cast any doubt on the prosecution’s case, your criminal charges could be reduced to a lesser charge or even dismissed.
Charges of Possession of a Controlled Substance (POCS) in the Dallas area are quite common. Often times the controlled substance charge results after someone has already been arrested. For example, someone is arrested for DWI, public intoxication or an outstanding warrant and the controlled substance is found after arrest or during the process of being booked in to the Harris County Jail. Whether it’s a loose Vicodin pill in your purse or a Xanax pill that your friend gave you, drug charges can be filed.
Conviction for possession of controlled substances can leave you with a large fine, loss of property, or a jail sentence. Conviction for this offense will go down on your record and can affect your chances of getting a job, renting an apartment or home, or hinder your chances of getting an education loan.
If you or someone you love has been arrested and charged for possession of a controlled substance in the Dallas area or anywhere in Texas, contact Dallas Drug Defense Lawyer Charles Johnson today to get the experienced criminal defense you need and deserve. The Charles Johnson Law Firm has offices located in Dallas, Dallas, Austin and San Antonio for your convenience. Attorney Johnson will speak to you whenever you need him. He can be reached directly at 214-234-0111 24 hours/day, any day of the year.
Possession of a Controlled Substance in Texas
Under Texas Health and Safety Code §§ 481.115 – 481.118, an individual can be charged with the offense of possession of a controlled substance (POCS) if they knowingly or intentionally possess any of the substances listed in Penalty Group I-IV without a valid prescription from a doctor, including drugs, dangerous drugs, chemicals, narcotics, stimulants, prescription pills, medications, synthetic substances and natural substances. Penalties for possession of controlled substances differ based on the type of drug and the quantity you are carrying. The penalties for possessing any of the above drugs range from 180 days to 99 years in jail. Your license can also be suspended for six months if you are convicted of violating the Texas Controlled Substance Act, and police have the right to seize any property, such as your car or home, that was used or was going to be used in the commission of drugs.
Charges of Possession of a Controlled Substance
It is an offense under both state and federal law to be in possession of any controlled substance and this is the most common charge filed involving drugs. Possession is defined as the actual care, custody, control or management. Actual possession refers to actual physical possession of a controlled substance while constructive possession usually is alleged when the controlled substance was found in an area where the person had access to or otherwise exercised control over (such as the trunk of a car or a safe). This means that while a person can be charged with possession of a controlled substance even if the controlled substance was not actually found on the person, the charges can be challenged on the basis that the person did not exercise care, custody or control over the substance. The focus in those cases is on whether the government can prove the person had “affirmative links” to the controlled substance. Experienced Drug Attorney Charles Johnson has successfully challenged a client’s accusation of possession of controlled substance by making the case that there were no “affirmative links” to his client and the controlled substance.
Delivery of a Controlled Substance
It is an offense under both state and federal law to deliver or to have an intent to deliver a controlled substance. “Deliver” means to transfer, actually or constructively, to another person and includes offering to sell a controlled substance as well. Therefore, money does not have to actually be exchanged, and the “middleman” who helped arrange the transaction can also be prosecuted under this theory. Under federal law, the most commonly charged delivery offense is possession of a controlled substance with the intent to deliver. Under that type of charge, the government does not have to prove that you actually delivered the substance, but only that you had an intent to do so. Most often, the government will attempt to this intent based on the large quantity of drugs found, or the possession of other indicators including scales, baggies, or cutting agents.
Manufacturing of a Controlled Substance
It is an offense under both state and federal law to manufacture a controlled substance. Manufacturing refers to the production or creation of drugs and is most commonly prosecuted in cases involving marijuana grow operations or meth labs. It is also a crime to possess certain drug precursors with the intent to manufacture and pharmacies now vigilantly monitor the sales of commonly used precursors such as certain cold medicines, matches, and lighter fluid.
Conspiracy to Possess with the Intent to Distribute a Controlled Substance
One of the most frequently charged drug offenses in federal court is conspiracy to possess with the intent to distribute a controlled substance, which involves actively planning with others to possess or distribute a controlled substance, regardless of actual possession or delivery. This is typically the most serious type of drug accusation and usually involves multiple defendants and large quantities of drugs and can be extremely serious and complicated.
Possession of Methamphetamine
Due to the skyrocketing methamphetamine problem, the penalties for possession, delivery and manufacturing of methamphetamine have become extremely severe. In addition, in Texas, depending on the quantity, there is a 15-20 mandatory minimum sentence if a child younger than 18 years of age was present on when the manufacturing of a controlled substance offense occurred. In an effort to combat methamphetamine production, many counties in Texas have implemented “Meth Watch” programs which record and monitor over-the-counter cold medicines, prescription drugs, and household ingredients which are used to manufacture methamphetamine.
Possession of Cocaine
It is an offense to possess or distribute even the smallest amount of cocaine. For example, even if there is a trace amount of cocaine found in a baggie, you can still be charged with possession of a cocaine which is a felony. In the federal system, the penalties for cocaine base (crack cocaine) are notoriously severe. In fact, the sentences for possession of cocaine base were so severe, especially in comparison with possession of an equal amount of powder cocaine, that the United States Sentencing Commission recently amended the Federal Sentencing Guidelines to slightly reduce the penalties for crack cocaine offenses.
Possession of Marijuana
It is an offense to possess, distribute or cultivate marijuana. Depending on the quantity, possession of marijuana can be charged as a misdemeanor of felony in both state and federal court. Under state law, possession of less than four ounces is a misdemeanor; however, you must have possessed a “usable quantity” to be charged with possession of marijuana.
Possession of Illegal Prescription Medications
It is an offense under both state and federal law to possess a prescription drug if you are not the valid prescription holder or to deliver a validly issued prescription drug to another person. It is also a crime to forge or alter a prescription. Prescription drug cases are prosecuted as aggressively as controlled substance cases and the penalties can be just as serious.
Possession of Paraphernalia
Under Texas law, it is a crime to possess or deliver drug paraphernalia. Depending on the circumstances, what constitutes drug paraphernalia is very broad and can include pipes, lighters, plastic baggies and rolling papers if the government can show that there was an intent to use the items to use drugs. In addition, it is also a crime to possess any items with the intent that they be used to cultivate a controlled substance which could include gardening equipment and fertilizers.
Penalties and Punishment for Possession of Controlled Substance in Texas
The penalty for Possession of a Controlled Substance is set out in the Texas Health and Safety Code, which vary upon various factors that generally include the type of the controlled substance and the amount of the controlled substance. The Texas Health and Safety Code creates five penalty groups that controlled substances are classified under:
Penalty Group
|
Examples of Drug/Controlled Substance
|
|
1
|
Cocaine, Heroin, Methamphetamine, Codeine, Oxycodone, Hydrocodone, Rohypnol and GHB |
|
1A
|
LSD |
|
2
|
Ecstasy, Amphetamines, Mushrooms, PCP and Mescaline |
|
3
|
Valium, Xanax and Ritalin |
|
4
|
Compounds containing Dionine, Motofen, Buprenorphone or Pryovalerone |
Penalty Group 1
|
|
|
|
Weight
|
Charge
|
Range of Punishment
|
|
Less than one gram
|
State jail Felony
|
180 days to 2 years in state jail and a fine not to exceed $10,000 |
|
1 gram or more, but less than 4 grams
|
Third-degree Felony
|
2 to 10 years in a state prison and a fine not to exceed $10,000 |
|
4 grams or more, but less than 200 grams
|
Second-degree Felony
|
2 to 20 years in a state prison and a fine not to exceed $10,000 |
|
200 grams or more, but less than 400 grams
|
First-degree Felony
|
5 to 99 years or life in a state prison and a fine not to exceed $10,000 |
|
400 grams or more
|
Enhanced First-degree Felony
|
10 to 99 years or life in a state prison and a fine up to $100,000 |
Penalty Group 1A
|
|
|
|
Units
|
Charge
|
Range of Punishment
|
|
Fewer than 20 units
|
State jail Felony
|
180 days to 2 years in state jail and a fine not to exceed $10,000 |
|
20 units or more, but less than 80 units
|
Third-degree Felony
|
2 to 10 years in a state prison and a fine not to exceed $10,000 |
|
80 units or more, but less than 4,000 units
|
Second-degree Felony
|
2 to 20 years in a state prison and a fine not to exceed $10,000 |
|
4,000 units or more, but less than 8,000 units
|
First-degree Felony
|
5 to 99 years or life in a state prison and a fine not to exceed $10,000 |
|
8,000 units or more
|
Enhanced First-degree Felony
|
15 to 99 years or life in a state prison and a fine up to $250,000 |
Penalty Group 2
|
|
|
|
Weight
|
Charge
|
Range of Punishment
|
|
Less than one gram
|
State jail Felony
|
180 days to 2 years in state jail and a fine not to exceed $10,000 |
|
More than 1 gram, but less than 4 grams
|
Third-degree Felony
|
2 to 10 years in a state prison and a fine not to exceed $10,000 |
|
More than 4 grams, but less 400 grams
|
Second-degree Felony
|
2 to 20 years in a state prison and a fine not to exceed $10,000 |
|
400 grams or more
|
Enhanced First-degree Felony
|
5 to 99 years or life in a state prison and a fine not to exceed $50,000 |
Penalty Group 3
|
|
|
|
Weight
|
Charge
|
Range of Punishment
|
|
Less than 28 grams
|
Class A Misdemeanor
|
Up to 1 year in county jail and a fine not to exceed $4,000 |
|
28 grams or more, but less than 200 grams
|
Third-degree Felony
|
2 to 10 years in a state prison and a fine not to exceed $10,000 |
|
200 grams or more, but less than 400 grams
|
Second-degree Felony
|
2 to 20 years in a state prison and a fine not to exceed $10,000 |
|
400 grams or more
|
Enhanced First-degree Felony
|
5 to 99 years or life in a state prison and a fine not to exceed $50,000 |
Penalty Group 4
|
|
|
|
Weight
|
Charge
|
Range of Punishment
|
|
Less than 28 grams
|
Class B Misdemeanor
|
Up to 180 days in county jail and a fine not to exceed $2,000 |
|
28 grams or more, but less than 200 grams
|
Third-degree Felony
|
2 to 10 years in a state prison and a fine not to exceed $10,000 |
|
200 grams or more, but less than 400 grams
|
Second-degree Felony
|
2 to 20 years in a state prison and a fine not to exceed $10,000 |
|
400 grams or more
|
Enhanced First-degree Felony
|
5 to 99 years or life in a state prison and a fine not to exceed $50,000 |
Additional penalties may include the suspension of your driver’s license or the possibility or seizure and forfeiture of any property if the property was used or was going to be used in the commission of a drug crime.
Possible Defenses for Possession of Controlled Substance Charges
There are many ways to defend a possession of a controlled substance charge. One of the primary defenses to possession of controlled substance cases is to examine the search and seizure process. The fourth Amendment protects citizens from unlawful searches of property. Was there probable cause? Did the officials read you your rights? In some cases the drugs aren’t illegal and the person had a prescription and right to possess them. The element of possession is crucial in a possession of a controlled substance case.
It must be proven that you actually exercised a great degree of care, custody, control or management of the drug. Since many drug arrests in Texas involve finding drugs in a home or car it can be unclear who actually possessed or controlled the drugs. The individual must have full knowledge of possession — if they are unaware, then no crime has been committed. This could happen when an individual borrows a friend’s car only to be pulled over and charged with possession when marijuana is found in the glove box.
Keeping the above items in mind, according to Texas law the offense of drug possession occurs when a person has knowledge that they have a controlled substance within their control and have the intent to possess that substance.
If you have been charged with possession of a controlled substance, contact Dallas Drug Lawyer Charles Johnson immediately. In many cases, he can get your case dismissed or reduced and avoid having a felony conviction on your record.
Attorney Johnson can examine and review the circumstance surrounding your possession arrest and develop a defense that is unique to the circumstances surrounding your case.
The Charles Johnson Law Firm combines the experience of a criminal defense attorney with a seasoned support staff and professional investigators. Investigations start immediately by securing documentation involving witness statements and police reports. Police labs are put on notice to verify the alleged illegal substance and its true quantity.
After the facts are assembled, we will pursue the best outcome by negotiating a reduced punishment or pursue a trial in court. Options also exist that encompass counseling and rehabilitation programs for addiction problems.
Possession of a Controlled Substance: Hire the Best Dallas Drug Lawyer
Possession of marijuana is in a separate drug offense category in Texas but is still extremely serious with the potential of being charged as a felony or misdemeanor, depending on the amount possessed. All charges in Texas for drug possession are quite serious. This is not the time to hide your head in the sand and hope for the best — you need an aggressive attorney who will fight hard to get your charges dismissed or possibly reduced. A drug conviction on your record will follow you for the rest of your life, so take it very seriously and hire an attorney who does the same.
Contact Experienced Dallas Drug Defense Lawyer Charles Johnson if you have been arrested for possession of a controlled substance. An arrest for possession of controlled substance in Texas can have devastating consequences and severe repercussions that can in all probability be avoided if you select the right lawyer. Call Attorney Johnson anytime day or night at 214-234-0111. He is available to discuss your case whenever you need him.
News Stories Related to Possession of a Controlled Substance in Dallas:
Alexander County drug roundup nets 11 arrests
The Alexander County Sheriff’s office arrested 11 people during an early morning drug roundup Thursday. A two-year undercover drug investigation named Operation Breaking Dawn resulted in 11 arrested and warrants for three more people, according to the ...
Charlotte Observer - May 09 2013
Crimes and arrests: week of May 15, 2013
A suspect was found in possession of a controlled substance at a location on Creighton Road. A suspect stole items at a location on Sandy Valley Road. A suspect was found in possession of a firearm at a location on Loralea Drive. A suspect stole items at a ...
timesdispatch.com - May 15 2013
St. Landry Sheriff arrests eight in Tuesday drug warrant round-up
The St. Landry Parish Sheriff’s Office arrested eight suspects early Tuesday morning during Operation Crackdown. Five suspects remain at large following the drug warrant round-up. Arrested were: • Danielle Bridges, 30, of 523 McGuffy Road ...
Opelousas Daily World - May 17 2013
Stefan Tucker faces prison for possession of a controlled substance
Stefan Scott Tucker, 39, Little Falls, was charged in District Court May 8, with one felony count of fifth degree possession of a controlled substance by Morrison ... The officer placed Tucker under arrest for driving while impaired and he ...
Morrison County Record - May 11 2013
'Operation Breaking Dawn' drug roundup nets11 arrests
Officers split into small arrest teams and served warrants on individuals ... Bridgette Nichole Walker - Charged with sell/deliver controlled substance; possession With intent to sell/deliver controlled substance; maintain vehicle/dwelling for controlled ...
WCNC - May 09 2013
Charles Johnson |
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| Tags: amount, conspiracy, controlled substance, controlled substances, court, criminal lawyer, Criminal Lawyer Charles Johnson, Dallas Drug Attorney Charles Johnson, dallas drug lawyer, dallas-texas-drug-paraphernalia-lawyer, darion-martel-polk, drug, drug offense, drug possession, elizabeth-lancaster-controlled-substance, gram, Group, Intent, life, maxwell-chadeayne, maxwell-chadeayne-drug-charges, offense, Possession of a Controlled Substance, possession-of-a-controlled-attormey-dallas, possession-of-a-controlled-substance-texas-group-1-attorney-dallas, prescription, quantity, Second-degree, state, substance
 The Charles Johnson Law Firm provides the highest level of representation in assisting our clients through the rigors of a DWI case. After you are charged with DWI in the Dallas area, you are confronted with an unpleasant truth: anyone who drinks and drives is subject to arrest, whether or not they are actually affected by alcohol. However, being charged does not mean being convicted. Contact Dallas DWI Lawyer Charles Johnson directly anytime day or night at (214) 234-0111 to discuss your case.
The Texas Department of Public Safety (DPS) will increase DWI patrols for a nine-day period that includes July 4th. From June 30 – July 8, DPS troopers will focus DWI patrols in high-risk locations at times when alcohol-related crashes are most frequent.
The enhanced patrols that target impaired driving are funded through a grant from the Texas Department of Transportation (TxDOT). DPS troopers made 1,406 DWI arrests during the July 4th enforcement effort last year, and 575 of those arrests were a direct result of the increased patrols. Last year, during this time period, DPS enforcement also resulted in nearly 18,000 speeding citations, 3,390 seat belt/child safety seat citations, 920 fugitive arrests, and 656 felony arrests.
The National Highway Traffic Safety Administration reports that the July 4th holiday ranks No. 1 nationally for alcohol-related fatal crashes. According to TxDOT, more than 1,000 Texans are killed each year as a result of impaired drivers, and Texas is frequently ranked as the nation’s deadliest for impaired driving deaths.
Texas leads the nation in drunk driving crashes and fatalities. That’s why thousands of state troopers and local law officers across Texas are stepping up patrols and arresting drunk drivers.
Hire the Best Dallas DWI Lawyer: The Charles Johnson Law Firm
When someone gets arrested for a DWI, they get a lot of advice from almost everyone around them; friends, family, co-workers, and sometimes even the arresting officer gives you advice about what to do. It probably seems like everyone has a different answer for what is “the best thing to do.” And then you may have received some annoying letters from attorneys who do not even know you, some of which can be very intimidating, frightening, or just plain obnoxious.
The fact is that no two DWI’s are alike, because penalties and options vary depending on the facts of what happened, your prior record, the county and city you were arrested in, and the status of your driver’s license.
To get superior DWI representation, you need the best of these three things:
KNOWLEDGE.
The Best Dallas DWI lawyer will be familiar with the city and county of your offense and should know how that jurisdiction treats DWI cases like yours. Dallas Lawyer Charles Johnson is aware of the current DWI statutes and case law, which changes all the time. Finally, your DWI lawyer should take the time to know about your situation so the goals of your case suit your individual needs.
STRATEGY.
DWI cases are not easy to win, and the justice system is not about to do any favors for DWI offenders in today’s anti-DWI society. An effective strategy is one that preserves every possible opportunity to impact the various penalties you will be facing. That is the key to superior DWI Defense Strategy: preserving and taking advantage of opportunities. Whether it is for purposes of arguing the issues of your case, negotiating a settlement, or controlling the timing of the penalties you will be facing, a solid strategy will help you come out of this with as little damage as possible.
DEDICATION.
The Best Dallas DWI Attorney will devote an adequate amount of time and resources to your defense. You do not want an attorney that does not take the time to explain the ins and outs of your case to you every step of the way. You DO want a DWI lawyer who is passionate about defending DWI cases. Our DWI clients have taken advantage of our Knowledge, Strategy, and Dedication for honest solutions to their DWI problems. Don’t let another day go by before you start working on your case. Contact the Best Dallas DWI Lawyer Charles Johnson today at (214) 234-0111 for a free case evaluation.
About DWI in Texas
In Texas, the legal limit for intoxication is .08 BAC. If an officer thinks your driving is impaired, you can still be stopped and arrested for DWI regardless of your BAC. Penalties get worse with every DWI offense.
Texas is a national leader in many areas―unfortunately, one of these is in the number of accidents and deaths related to driving while intoxicated (DWI). Each year, thousands of Texans are involved in this tragedy; about 2,000 of them die.
Texas is also a zero-tolerance state for underage drinking; any detectable amount of alcohol in drivers under 21 is a crime. Yet young drivers account for many alcohol-related traffic accidents, and the age group with the most violations and accidents are those between 21 and 34. Remember, teens and young people are actually more prone to reaching higher alcohol concentrations more quickly than older drinkers. Size and body weight also play a role. Big Uncle Fred may be able to toss back those shots of tequila and maintain an allegedly safe BAC but younger, smaller people may not be able to accomplish this feat.
While a DWI conviction requires a BAC of 0.08% or above, any driver can be cited for “driving while impaired” by drugs or lower concentrations of alcohol.
Texas DWI Penalties for Drunk Driving
Driving while intoxicated, first offense, is a Class B Misdemeanor that is defined at Texas Penal Code §49.04. That provision states that, “A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place”.
This definition sets forth the elements that must be proven to sustain a conviction. Those elements are:
- The defendant, on or about a particular date
- Was operating a motor vehicle
- In a public place (street, highway, beach, parking lot, etc)
- In a particular county
- While intoxicated The Texas legislature has specifically defined the term “intoxication”, as that term is used for prosecution of DWI cases {Texas Penal Code §49.01(2)}
In addition, there are two definitions to encompass those who do or do not submit to chemical testing:
1) “not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or
2) having an alcohol concentration of 0.08 or more.”
It is important to note that the law provides for intoxication by the introduction of any intoxicating substance into the body. This is designed to make our roadways safe from dangerous drivers.
Typically, proof at trial is restricted to alcohol unless some statements or other indications suggest that the driver has become impaired by some other substance. Equally as important, being on prescription drugs is not a defense to a DWI prosecution. If the label suggests that ingestion will impair one’s ability to operate a motor vehicle or machinery, taking such medicine and driving may subject you to DWI arrest and conviction.
At trial, the State therefore may prove intoxication in three (3) different ways:
- not having the normal use of physical faculties OR
- not having the normal use of mental faculties OR
- having an alcohol concentration of 0.08 or more
The jury does not have to be unanimous on the manner and means of intoxication, only that the person was intoxicated.
Plus, intoxication must occur and be proven to occur while driving. Many other States provide for prosecution of a “lesser included” offense other than DWI (i.e. reckless driving, impaired driving, driving under the influence, etc.). Texas however has no lesser included offense of DWI. Some counties offer plea bargain agreements to other charges than DWI, but they are the exception and not the rule.
Classifications and Range of Punishment for DWI Conviction
DWI, 1st Offense: Class B Misdemeanor in Texas
Fine
A fine not to exceed $2,000.
Jail
Confinement in the County Jail for a term of not less the 72 hours nor more that six (6) months.
Open Container
If there was an open container of alcohol in your car when arrested, the minimum term of confinement is six (6) days in the county jail.
Community Service
Texas law mandates that a judge order not less than 24 hours nor more than 100 hours.
Absent unusual facts, most persons convicted of a first offense DWI are granted community supervision (“probation”) of any confinement ordered. The general length of DWI probation is from 1-2 years. There are also conditions of community supervision ordered that are fairly standard in most courts. Typical conditions imposed are: Drug/Alcohol Evaluation. A person convicted of DWI will be required to submit to evaluation for probability of committing DWI in the future and/or to disclose a potential problem with alcohol or drug abuse. If a problem is detected, additional terms and conditions of probation are ordered to be administered through the Community Supervision Department. Attend and complete an approved DWI Education class within 180 days from the date of conviction (Satisfying this requirement will avoid the one (1) year drivers license suspension, unless if you were a minor (under 21) at the time of the offense.) Attend and complete a Victim Impact Panel. This is a forum that presents victims of drunk drivers to address persons convicted of DWI and warn of the dangers and perils of driving while intoxicated. Work faithfully at suitable employment, commit no other crimes, remain at the same residence and employment unless notification is given to the community supervision officer, report monthly to the supervision office, pay all fines and costs in a timely manner. Pay a monthly supervisory fee. Perform a specified hours of community or volunteer service. NOTE: If convicted, you will be given an Order Granting Probation. This Order will be specific and unique to your case and fully sets forth the terms and conditions of your probation which apply to you. It is the blueprint for your probation.
Additional Conditions of Probation that may be Ordered:
If your case presents unusual facts (accident, alcohol problem, prior alcohol contacts, bad driving record etc.), additional conditions may be ordered. Most conditions are designed to address a problem that appears from the facts or alcohol/drug evaluation that is performed on the subject after conviction. Again, a specific order is given after each conviction. The following list is only a general discussion of conditions that have been imposed in some DWI cases in my experience and may not apply to you.
Deep lung air device
This provision requires that you install and maintain a device on any car which you intend to drive during probation. The device requires a breath sample before it will allow your car to start. Some devices require periodic breaths while driving. This condition is sometimes recommended after an unfavorable drug/alcohol evaluation during a first-offense probation, and is almost always ordered as a condition of bond on a subsequent offense arrest.
Alcohol Treatment
Attendance at AA or other counseling programs offered through the probation department. In extreme cases outpatient programs may be ordered. This condition is recommended after an unfavorable drug/alcohol evaluation.
Consume no alcohol
Most courts require that a person not consume any alcohol during probation. This provision is monitored by periodic and random urinalysis at the probation office. Some courts will not even allow a probationer to enter a bar, tavern or lounge where alcohol is sold and consumed.
Confinement
Again, in some extreme circumstances, the Court may order that a DWI offender serve confinement in the county jail as a condition of being granted probation.
Restitution
If there was an accident followed by a DWI arrest, and if your insurance company has not paid damages to the other party, restitution of any unpaid amounts will be ordered by the Court as a condition of probation.
Enhanced Penalties (Prior alcohol or drug related criminal history)
Under Texas law, if it is shown that a person has been previously convicted of DWI, the punishment and penalties after conviction are increased or enhanced. The prior DWI conviction must have occurred within ten (10) years of the present arrest for DWI. Additionally, if a person has any prior DWI conviction within the previous ten year period (measured from dates of arrest), the State is then allowed to use any prior DWI conviction since obtaining a drivers license to enhance the accusation to a DWI, third offense. NOTE: Texas can use prior convictions that have occurred in other states for enhancement of punishment.
DWI, Second Offense: Class A Misdemeanor Special Condition for Jail Release on Bond:
It is important to note that if arrested and accused of a DWI Second or greater offense, Texas law now requires the Court to Order as a CONDITION OF RELEASE FROM JAIL ON BOND, that the person install and maintain a deep lung air device on the car that the person intends to drive and operate while charges are pending. The device requires a breath sample before it will allow you to start your car. They also require periodic breaths while driving to monitor and insure sobriety. New technology has made these devices “user sensitive” so that someone else cannot blow into the device for the driver.
Although this provision seems to run afoul of the presumption of innocence, Texas Courts have consistently held that such condition is necessary to protect a legitimate governmental interest in making public roadways safe for the motoring public.
Fine
A fine not to exceed $4,000.00.
Jail
Confinement in the County Jail for a term of not less than 72 hours nor more than one (1) year.
Community Service
Texas law mandates that a judge order not less than 80 hours nor more than 200 hours.
Deep lung air device
Typically deep lung devices are required for all DWI second offenders during probation.
Suspension of license
A person convicted of DWI, Second may have their driving privilege suspended for not less than 180 days or more than two (2) years.
DWI, Third Offense (or greater): Third degree FELONY
Fine
A fine not to exceed $10,000.00.
Jail
Confinement in the Texas Department of Criminal Justice, Institutional Division (Penitentiary) for a term of not less than 2 years nor more than ten (10) years.
Deep lung air device
Deep lung air devices are generally ordered on all persons convicted of three or more DWI’s both as conditions of bond and as conditions of any occupational or provisional licenses that may be awarded after conviction.
Community Service
Texas law mandates that a judge order not less than 160 hours nor more than 600 hours.
Suspension of license
A person convicted of DWI, Second may have their driving privilege suspended for not less than 180 days or more than two (2) years.
Other
A third conviction for DWI indicates a significant problem with alcohol to the Court or jury assessing punishment. Some type of rehabilitative treatment is therefore mandated in punishment if confinement in the penitentiary is to be avoided. In some cases an in-patient, incarceration program (Substance Abuse Felony Probation SAFP) is ordered. This program requires confinement in a State Facility for alcohol rehabilitation. After successful completion of the SAFP program, the person is then released and placed on probation for a term not to exceed ten (10) years. Another popular condition for habitual DWI offenders is a prescription for a drug named “Antabuse”. This drug will make a person violently ill if any alcohol is consumed. The alcohol can be contained in mouthwash or marinated food and will still have the same effect on the user. If a person has any type of liver problems, this drug can cause liver failure and death.
Texas law does not provide for any increased punishment after DWI, third offense. If a person presents a DWI, fourth offense or beyond, the typical punishment is confinement in the penitentiary from two (2) to ten (10) years without probation being granted. In some cases SAFP may be granted upon proper request and showing that it is appropriate.
Third degree Felony “A person commits an offense if the person, by accident or mistake, while operating a …. motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another” {Texas Penal Code §49.07}. ” ‘Serious Bodily Injury’ means injury that creates a substantial risk of death or protracted loss or impairment of the function of any bodily member or organ”.
Fine
A fine not to exceed $10,000.00.
Jail
Confinement in the Texas Department of Criminal Justice, Institutional Division (Penitentiary) for a term of not less than 2 year nor more than ten (10) years.
Community Service
Texas law mandates that a judge order not less than 160 hours nor more than 600 hours.
Intoxication Manslaughter
Second Degree Felony “A person commits an offense if the person:
1) …operates a motor vehicle in a public place, and…
2) …is intoxicated and by reason of that intoxication causes the death of another by accident or mistake.”
Fine
A fine not to exceed $10,000.00.Jail: Confinement in the Texas Department of Criminal Justice, Institutional Division (Penitentiary) for a term of not less than 2 year nor more than twenty (20) years.
Community Service
Texas law mandates that a judge order not less than 240 hours nor more than 800 hours.
NOTE
If a person is involved in an accident where there is risk of death or death, a mandatory blood sample will be taken for analysis and use in the prosecution of either Intoxication Assault or Intoxication Manslaughter.
Administrative License Revocation (ALR) Program
What is an ALR Hearing?
Many Texas drivers who are arrested for driving while intoxicated (DWI) do not realize that a DWI arrest creates two separate cases, one civil and one criminal.
Specifically, a DWI arrest results in both a criminal charge, and usually initiates a civil proceeding against the arrested driver’s driving privileges called an Administrative License Revocation, or ALR.
An ALR suspension is initiated against an arrested driver when he either refuses to submit to breath or blood testing, or alternatively, fails a breath or blood test. The legal authority to impose an ALR suspension against a driver lies in the Texas implied consent statute.
This law states that each person who operates a motor vehicle on Texas roadways has given his or her implied consent to provide a specimen of breath or blood if arrested for DWI and provided with the applicable consequences of refusing to submit to testing.
Notice of ALR Suspension
Many police officers, after arresting a citizen, will tell the arrested driver that if he does not agree to take a breath or blood test that his license will be automatically and immediately suspended.
This is incorrect. When making an arrest for DWI, peace officers are required to take possession of any Texas license issued by this state and held by the person arrested and issue the person a temporary driving permit that expires on the 41st day after the date of issuance. Further, a request for a hearing to challenge the proposed suspension will delay any ALR sanctions until a hearing takes place.
Hearing Request Provisions
ALR suspensions are automatic unless you request a hearing to challenge the suspension, in writing, WITHIN FIFTEEN (15) DAYS after receiving notice of suspension from the arresting agency on a Department of Public Safety approved form. This document is generally received on the day of arrest.
If a hearing is not requested in a timely manner, the suspension will automatically begin on the forty-first (41st) day after notice was received. If a hearing is requested, no action will be taken regarding suspension until after the hearing has taken place, even if the hearing takes place more than forty days after the arrest.
The ALR Hearing
The burden of proof at an ALR hearing is on the Department of Public Safety. Once a driver or his attorney has made a timely request for an ALR hearing, no suspension may be imposed against the driver until the Department of Public Safety proves the following elements by a preponderance of the evidence at the hearing:
- That there was reasonable suspicion to stop or probable cause to arrest the driver;
- That probable cause existed that the driver was driving or in actual physical control of a motor vehicle in a public place while intoxicated;
- That the driver was placed under arrest and was offered an opportunity to give a specimen of breath or blood after being notified both orally and in writing of the consequences of either refusing or failing a breath or blood test; and
- That the driver refused to give a specimen on request of the officer, or, that the driver failed a breath or blood test by registering an alcohol concentration of .08 or greater.
Suspension Provisions for Adult Drivers
Without any prior alcohol or drug related contacts against the accused driver during the previous 10-year period, your license will be suspended for 90 days if your chemical test result is over a 0.08% or 180 days if you refuse a chemical test. If you have a prior alcohol or drug contact within ten years, your license will be suspended for one year if your chemical test is over 0.08% or 2 years if you refuse a chemical test. In certain circumstances you may be eligible for an Occupational License.
Possible Defenses for DWI Charges
In deciding which defenses could apply in your driving while intoxicated (DWI) case, Dallas Drunk Driving Lawyer Charles Johnson will look at all the evidence produced by the police and interview witnesses. Some common defenses seen in DWI cases include:
Driving Observation Defenses
The prosecutor always relies (sometimes exclusively) on the arresting police officer’s testimony about how a DWI suspect was driving, including:
- Very slow speeds
- Uneven speeds (very fast, then very slow, for example)
- Weaving from one side of a lane to the other
- Crossing the center line of the highway
- Running a red light
- Hesitation in going through a green light
A good defense attorney will argue that there are many different explanations for these driving behaviors that don’t have anything to do with being alcohol-impaired.
Behavior Observation Defenses
An officer may also testify as to a DWI suspect’s appearance and behavior when questioned, including:
- Slurred speech
- Bloodshot eyes
- Inappropriate joking or incoherent speech
- Stumbling or not being able to walk very far
- Pupil enlargement
Defenses to these observations that don’t have anything to do with being intoxicated may include:
- Lack of sleep
- Allergies
- Contact lenses
- Stress due to personal circumstances
- Medications
- Foods recently ingested
- Nervousness over being stopped by police
- Physical impairments
- Field Sobriety Test Defenses
When an officer suspects you may be too intoxicated to drive, he or she will likely ask you to perform what are called “field sobriety tests.” These tests are designed to assess your physical and mental alertness, and can include:
- Walking a straight line
- Walking backwards
- Reciting the alphabet, frontwards or backwards
- Standing on one leg
- Officers also sometimes rely on what’s called a “nystagmus” test, in which the suspect is asked to shift eye gaze from one side to the other while the officer shines a light in his or her eyes. The theory is that the gaze of someone who is impaired by alcohol or drugs will be jerky rather than smooth.
The defenses to field sobriety tests are often the same as with officer observations. Medications and lack of sleep can make it considerably more difficult to perform these tests. Many people also have physical impairments caused by injuries – or simply aging -that make it impossible to perform these tasks under ideal conditions.
The Best Dallas Lawyer will cross-examine the arresting officer in detail as to whether the officer asked you if you had physical impairments or there were particular circumstances that would make it difficult to perform the tests. He may also point out to the jury that many jury members may have similar difficulties performing the tests, such as by asking the jury if they could recite the alphabet backwards under the best of circumstances.
Blood Alcohol Content Defenses
When you consume alcoholic drinks, the alcohol is absorbed into your blood stream. The level of alcohol in your blood, called the Blood Alcohol Content (“BAC”) can be measured by different tests. In all states, you’re presumed to be drunk and unable to safely operate a vehicle if your BAC is .08 or greater. This measurement means that your blood contains eight/ one-hundredths percent of alcohol.
All states have lowered the BAC level defining intoxication to .08, and have “zero tolerance” laws that make it illegal for people under 21 to operate a vehicle with little or no amount of alcohol in their blood.
Many states also have more severe DWI or DUI penalties for driving with a high BAC, which is often defined as a level measuring more than .15 to .20.
Your BAC can be determined from a blood draw, which is often automatically taken if you are involved in an accident and there is a suspicion that you may have been drinking. Your blood will also be drawn if you are taken to the hospital because the police are concerned that you may have had so much to drink that you are in danger of alcohol poisoning and should be hospitalized for observation and/or treatment.
Most DWI suspects have their blood tested by blowing into a breath testing device. These devices can be faulty and not well-maintained or properly calibrated. They can register false results based on your consumption of food and other non-harmful substances other than alcohol or drugs.
The Best Dallas DWI Lawyer will likely subpoena police records on how the breath testing machine operates and was maintained and calibrated. He may also want to bring in expert testimony that the particular breath testing machine the officer used is notorious for malfunctioning.
Depending on the jurisdiction, another defense to breath testing machines arises when the physical breath tests aren’t preserved as evidence, allowing for independent testing later. Your attorney can argue that there’s no way to know if the machine that was used was accurate, if your breath samples can’t be independently tested.
Many of the defenses against DWI charges require a lawyer’s expertise and experience. If you have been arrested for a DWI offense in Texas, do not try to handle the legal situation yourself. Contact the experienced and respected Texas DWI defense attorneys at the Charles Johnson Law Firm right away to make sure that your rights are protected.
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.
Charles Johnson |
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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.
Major Credit Cards Accepted.
Charles Johnson |
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Family Violence is a problem that affects every town, city, country and nation. Domestic Violence covers a broad spectrum of violence between couples, spouses, members of the family or various other people who live together. Domestic Violence allegations are quite serious. Should you are convicted, you could confront jail time and other criminal penalties. A conviction will not only destroy your reputation, but your future as well. You could be denied future job opportunities, housing, academic loans and worse, access to your home and children. At the Charles Johnson Law Firm, we see our clients falsely accused of Family Violence on a regular basis. Regardless of whether you are innocent or guilty, Dallas Family Violence Attorney Charles Johnson will fight vigorously on your behalf in order to help protect your legal rights and your future. Speak to us 24 Hours A Day, Seven Days A Week for a free consultation.
All too often the media bombards us with news regarding a high-profile Family Violence case, wherein a man or woman is suspected of murdering their husband or wife, with or without a previous history of domestic abuse.
Violence. How can a individual turn from loving and living with an individual to beating them up or murdering them? What kind of a person resorts to Domestic Violence against their spouse or domestic intimate partner? What kind of individual thinks it is okay to continually humiliate or talk down to their life intimate partner? What kind of an individual has sex with their partner without having the person’s consent and desire to participate?
A popular pattern of domestic abuse is that the perpetrator alternates between violent, abusive behavior and apologetic behavior with apparently heartfelt promises to change. The abuser may perhaps be quite pleasant the majority of of the time. Therein lies the perpetual appeal of the abusing partner and why many men and women can’t seem to leave the abusive relationship.
Domestic abuse is most often among the following:
- child abuse
- abuse of a spouse or domestic intimate partner
- elder abuse
In this article, we explore domestic abuse between spouses and intimate partners: the types of domestic abuse, signs and symptoms, causes, and consequences. Family Violence and abuse are common. The first step in ending the misery is recognition that the situation is abusive.
How is domestic abuse between intimate partners defined??
Domestic abuse between spouses or intimate partners is when one individual in a marital or intimate relationship tries to control the other individual. The perpetrator uses fear and intimidation and may very well threaten to use or may actually use physical violence. Domestic abuse that involves physical violence is designated Domestic Violence.
The victim of domestic abuse or Family Violence may be a male or a female. Domestic abuse takes place in traditional heterosexual marriages, as well as in same-sex partnerships. The abuse could very well occur during a relationship, while the couple is breaking up, or after the relationship is over.
Domestic abuse often escalates from threats and verbal abuse to physical violence. Domestic Violence may possibly even end up in murder.
The key elements of domestic abuse are:
- intimidation
- humiliating the other person
- physical injury
Domestic abuse isn’t really a result of losing control; domestic abuse is intentionally trying to control another individual. The abuser is purposefully using verbal, nonverbal, or physical means to acquire control over the other person.
In many cultures, control of women by men is accepted as the norm. This article speaks from the orientation that control over intimate partners is domestic abuse within a culture where such control is not the norm. Today we see many cultures moving from the subordination of women to increased equality of women within relationships.
What are the sorts of domestic abuse?
The types of domestic abuse are:
- physical abuse (domestic violence)
- verbal or nonverbal abuse (psychological abuse, mental abuse, emotional abuse)
- sexual abuse
- stalking or cyberstalking
- economic abuse or financial abuse
- spiritual abuse
The divisions between these kinds of domestic abuse are somewhat fluid, but there is a strong differentiation between the many forms of physical abuse and the various types of verbal or nonverbal abuse.
What is physical abuse of a spouse or intimate partner?
Physical abuse is the use of physical force against another individual in a way that ends up injuring the person, or puts the person at risk of being injured. Physical abuse ranges from physical restraint to murder. When someone talks of Domestic Violence, they are often referring to physical abuse of a spouse or intimate partner.
Physical assault or physical battering is defined as a criminal offense, whether or not it occurs inside a family or outside the family. The authorities are empowered to protect you from physical attack.
Physical abuse includes:
- pushing, throwing, kicking
- slapping, grabbing, hitting, punching, beating, tripping, battering, bruising, choking, shaking
- pinching, biting
- holding, restraining, confinement
- breaking bones
- assault with a firearm that include a knife or gun
- burning
- murder
What is emotional abuse or verbal abuse of a spouse or intimate partner?
Mental, psychological, or emotional abuse might be verbal or nonverbal. Verbal or nonverbal abuse of a spouse or intimate partner consists of more subtle actions or behaviors than physical abuse. Although physical abuse may seem worse, the scars of verbal and emotional abuse are deep. Studies show that verbal or nonverbal abuse may be much more emotionally damaging than physical abuse.
Verbal or nonverbal abuse of a spouse or intimate partner may include:
- threatening or intimidating to acquire compliance
- destruction of the victim’s personal property and possessions, or threats to do this
- violence to an object (such as a wall or piece of furniture) or pet, within the presence of the intended victim, as a way of instilling fear of further violence
- yelling or screaming
- name-calling
- constant harassment
- embarrassing, making fun of, or mocking the victim, either by yourself within the household, in public, or in front of family or friends
- criticizing or diminishing the victim’s accomplishments or goals
- not trusting the victim’s decision-making
- telling the victim that they are worthless on their own, without the abuser
- excessive possessiveness, isolation from friends and family
- excessive checking-up on the victim to make certain they are at home or where they said they would be
- saying hurtful things when under the influence of drugs or alcohol, and using the substance as an excuse to say the hurtful things
- blaming the victim for how the abuser acts or feels
- making the victim remain on the premises after a fight, or leaving them somewhere else subsequent to a fight, just to “teach them a lesson”
- making the victim feel that there is no way out of the relationship
What is sexual abuse or sexual exploitation of a spouse or intimate partner?
Sexual abuse includes:
- sexual assault: forcing someone to participate in unwanted, unsafe, or degrading sexual activity
- sexual harassment: ridiculing another person to try to limit their sexuality or reproductive choices
- sexual exploitation (most notably forcing someone to look at pornography, or forcing another person to participate in pornographic film-making)
Sexual abuse quite often is linked to physical abuse; they could occur together, or the sexual abuse may perhaps occur after a bout of physical abuse.
What is stalking?
Stalking is harassment of or threatening another person, especially in a way that haunts the individual physically or emotionally in a repetitive and devious manner. Stalking of an intimate partner can take place during the relationship, with intense monitoring of the partner’s activities. Or stalking can take place after a partner or spouse has left the relationship. The stalker could very well be trying to get their partner back, or they can wish to harm their partner as punishment for their departure. Irrespective of the fine details, the victim fears for their safety.
Stalking can take place at or near the victim’s home, near or in their workplace, on the way to the store or another destination, or on the Internet (cyberstalking). Stalking may be on the phone, in person, or on the internet. Stalkers may never show their face, or some may be everywhere, in individual.
Stalkers employ a number of threatening strategies:
- repeated phone calls, in some instances with hang-ups
- following, tracking (possibly even with a global positioning device)
- finding the person via public records, online searching, or paid investigators
- watching with hidden cameras
- suddenly showing up where the victim is, at home, school, or work
- sending emails; communicating in chat rooms or with instant messaging (cyberstalking: see below)
- sending unwanted packages, cards, gifts, or letters
- monitoring the victim’s phone calls or computer-use
- contacting the victim’s pals, family, co-workers, or neighbors to find out about the victim
- going through the victim’s garbage
- threatening to hurt the victim or their family, friends, or pets
- damaging the victim’s home, car, or other property and assets
Stalking is unpredictable and should always be regarded as dangerous. If another person is
- tracking you,
- contacting you when you do not wish to have get in touch with,
- attempting to control you, or
- frightening you,
then seek assistance as soon as possible.
What is cyberstalking?
Cyberstalking is the use of telecommunication technologies that include the Internet or email to stalk another person. Cyberstalking may very well be an additional form of stalking, or it may be the sole method the abuser employs. Cyberstalking is deliberate, persistent, and personal.
Spamming with unsolicited email is different from cyberstalking. Spam is unable to focus on the individual, along with cyberstalking. The cyberstalker methodically finds and contacts the victim. Much like spam of a sexual nature, a cyberstalker’s message could possibly be disturbing and inappropriate. Also like spam, you cannot stop the contact with a request. In fact, the more you protest or respond, the more rewarded the cyberstalker feels. The right response to cyberstalking is not to respond to the contact.
Cyberstalking falls in a grey area of law enforcement. Enforcement of most state and federal stalking laws requires that the victim be directly threatened with an act of violence. Extremely few law enforcement agencies can act if the threat is only implied.
Regardless of whether or not you can get stalking laws enforced against cyberstalking, you should treat cyberstalking very seriously and protect yourself. Cyberstalking in some cases advances to real stalking and to physical violence.
How likely is it that stalking will turn into violence?
Stalking can end in violence whether or not the stalker threatens violence. And stalking can turn into violence even if the stalker does not have any history of violence.
Women stalkers are just as likely to become violent as are male stalkers.
Those around the stalking victim are also in danger of being injured. For instance, a parent, spouse, or bodyguard who makes the stalking victim unattainable may very well be hurt or killed as the stalker pursues the stalking victim.
What is economic or financial abuse of a spouse or domestic partner?
Economic or financial abuse includes:
- withholding economic resources that include cash or credit cards
- stealing from or defrauding a partner of cash or assets
- exploiting the intimate partner’s resources for personal gain
- withholding physical resources most notably food, clothes, necessary medications, or shelter from a partner
- preventing the spouse or intimate partner from working or choosing an occupation
What is spiritual abuse of a spouse or intimate partner?
Spiritual abuse involves:
- using the spouse’s or intimate partner’s religious or spiritual beliefs to manipulate them
- preventing the partner from practicing their religious or spiritual beliefs
- ridiculing the other person’s religious or spiritual beliefs
- forcing the children to be reared in a faith that the partner has not agreed to
How do I realize if I am in an abusive relationship? What are the signs and symptoms of an abusive relationship?
The more of the following questions that you answer Yes to, the more likely you are in an abusive relationship. Examine your answers and obtain assistance if you find that you respond positively to a large number of the questions.
Your inner feelings and dialogue: Fear, self-loathing, numbness, desperation
- Are you fearful of your partner a large percentage of the time?
- Do you stay away from certain topics or spend a lot of time figuring out how to talk about certain topics so that you do not arouse your partner’s negative reaction or anger?
- Do you ever feel that you can’t do anything right for your partner?
- Do you ever feel so badly about yourself that you think you deserve to be physically injured?
- Have you lost the love and respect that you once had for your partner?
- Do you in some cases wonder if you are the one who is crazy, that maybe you are overreacting to your partner’s behaviors?
- Do you sometimes fantasize about ways to kill your partner to get them out of your life?
- Are you afraid that your partner may possibly try to kill you?
- Are you afraid that your partner will attempt to take your children away from you?
- Do you feel that there is nowhere to turn for help?
- Are you feeling emotionally numb?
- Were you abused as a child, or did you grow up with Family Violence within the household? Does domestic violence seem normal to you?
Your partner’s lack of control over their own behavior
- Does your partner have very low self-esteem? Do they appear to feel powerless, ineffective, or inadequate in the world, although they are outwardly successful?
- Does your partner externalize the causes of their own behavior? Do they blame their violence on stress, alcohol, or a “bad day”?
- Is your partner unpredictable?
- Is your partner a pleasant person between bouts of violence?
Your partner’s violent or threatening behavior
- Does your partner have a bad temper?
- Has your partner ever threatened to injure you or kill you?
- Has your partner ever physically hurt you?
- Has your partner threatened to take your children away from you, particularly if you try to leave the relationship?
- Has your partner ever threatened to commit suicide, especially as a way of keeping you from leaving?
- Has your partner ever forced you to have sex when you didn’t want to?
- Has your partner threatened you at work, either in individual or on the phone?
- Is your partner cruel to animals?
- Does your partner destroy your belongings or household objects?
Your partner’s controlling behavior
- Does your partner try to keep you from seeing your friends or family?
- Are you embarrassed to invite pals or family over to your house simply because of your partner’s behavior?
- Has your partner limited your access to money, the telephone, or the car?
- Does your partner try to stop you from going where you need to go outside of the house, or from doing what you want to do?
- Is your partner jealous and possessive, asking where you are going and where you have been, as if checking up on you? Do they accuse you of having an affair?
Your partner’s diminishment of you
- Does your partner verbally abuse you?
- Does your partner humiliate or criticize you in front of others?
- Does your partner often ignore you or put down your opinions or contributions?
- Does your partner always insist that they are right, even when they are obviously wrong?
- Does your partner blame you for their own violent behavior, saying that your behavior or attitudes cause them to be violent?
- Is your partner quite often outwardly angry with you?
- Does your partner objectify and disrespect those of your gender? Does your partner see you as assets or a sex object, rather than as a person?
In my workplace, what are the warning signs that an individual is a victim of Domestic Violence?
Domestic Violence quite often plays out in the workplace. For instance, a husband, wife, girlfriend, or boyfriend might make threatening phone calls to their intimate partner or ex-partner. Or the worker may possibly show injuries from physical abuse at home.
In the event you witness a cluster of the following warning signs within the workplace, you can reasonably suspect domestic abuse:
- Bruises together with other signs of impact on the skin, with the excuse of “accidents”
- Depression, crying
- Frequent and sudden absences
- Frequent lateness
- Frequent, harassing phone calls to the individual while they are at work
- Fear of the partner, references to the partner’s anger
- Decreased productivity and attentiveness
- Isolation from friends and family
- Insufficient resources to live (cash, credit cards, car)
If you do recognize signs of domestic abuse in a co-worker, get in touch with your Human Resources department. The Human Resources staff should be able to assist the victim without any your additional involvement.
Who abuses their spouse or intimate partner?
Domestic abuse knows no age or ethnic boundaries.
Domestic abuse can occur during a relationship or after a relationship has ended.
A good number of psychological, medical, and legal experts agree that the vast majority of physical abusers are men. On the other hand , women can also be the perpetrators of Domestic Violence.
Nearly all stalkers are also men stalking women. However stalkers can also be women stalking men, men stalking men, or women stalking women.
Dallas Domestic Violence Lawyer: The Charles Johnson Law Firm
As the justice system has come to recognize the social and legal effects of domestic violence, the penalties for conviction of domestic assault have become steeper. This is why it is so important to consult a lawyer who is familiar with your local court system. Seek the assistance of an highly qualified attorney from the Charles Johnson Law Firm in Dallas, Texas to learn more about what you can do to assert and protect your rights.
Dallas Criminal Lawyer Charles Johnson 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.
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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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 |
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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!
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Dress shoes (NEVER WEAR SNEAKERS IN A COURTROOM, PERIOD)
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Hair well groomed and neat. If you have long hair, make sure it is tied back and combed back.
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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.
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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.
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Panty hose
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Dress shoes or heels
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Hair neatly groomed
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Jewelry: Same as for men. A ring and a watch. Nothing else.
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Perfume: Again nothing that may be too strong and do not bathe in it. No one wants to smell you!
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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 |
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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 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
Charles Johnson |
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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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