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Houston Lawyer: Answers To Questions You May Have If You’ve Been Arrested

Finest Houston Criminal Defense Lawyer
Have you or a loved one been arrested?

The following are important answers to 50 questions that you may have at this moment. Houston Lawyer Charles Johnson WILL help you reach a resolution to the legal problem that has arisen in your life. At the Charles Johnson Law Firm, we want you to know what you are facing and that we can help you through this challenging time. Give us a call today. We are available 24/7, rain or shine.

 

How Are Criminal Charges Filed?

Criminal proceedings take place in a series of stages. Usually, the police are responding to a citizen’s complaint that a crime has been committed. Sometimes, the police observe suspicious activity. Once they are called, or see something suspicious, the police investigate, take statements from witnesses, and prepare a report on their findings. At times, they will arrest people during the course of their investigation. At other times, they will complete their report and submit it to the prosecutor’s office for evaluation, and a prosecutor will decide whether charges should be filed against any suspects named in the police report.The exact procedure for how charges are filed varies from jurisdiction to jurisdiction. Some jurisdictions give the police greater discretion in charging defendants with specific crimes, while others place more power with the prosecutor’s office. After being stopped by the police, a person may be ticketed for a “civil infraction,” may be ticketed or arrested for a “misdemeanor,” or may be arrested for a “felony.”While it is common to speak in terms of being “charged by the police,” in many states this is not entirely accurate. The exact procedure for how charges are filed varies from jurisdiction to jurisdiction, and, although the police may arrest a person and may recommend a specific charge, in many jurisdictions criminal charges is chosen solely by the prosecutor’s office.

What happens if I am stopped by the Police?

Generally, the police may stop a person for committing a traffic violation, for suspicion of being engaged in criminal activity, or to arrest the person for a criminal act. After being stopped by the police, a person will typically be questioned.

Can The Police Stop And Question People Who Are Not Under Arrest?

Yes. The police can stop a person, and ask questions, without “arresting” the person. Upon seeing suspicious activity, the police may perform what is called a “Terry Stop,” and may temporarily detain people to request that they identify themselves and to question them about the suspicious activity. The scope of a “Terry Stop” is limited to investigation of the specific suspicious activity, and if the police detain people to question them about additional matters, the stop can turn into an “arrest.” For their own safety, the police can perform a “weapons frisk” on the outside of a person’s clothes (sometimes called “patting down the suspect”) during a “Terry Stop.” During this frisk, if they feel something that may be a weapon, they may remove it from the suspect for further examination. However, they are not entitled to remove items from person’s pockets that do not appear to be weapons, even if they believe that the items are contraband.

When Is A Person “Under Arrest”?

Many people think of an arrest as being a formal declaration by the police, “You are under arrest,” followed by the reading of the “Miranda rights”. (As seen on TV: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed to represent you.”)Reality is a bit more complicated. An arrest occurs when a person no longer reasonably expects that he is free to leave. A “Terry Stop” is not an arrest, even though the person can’t leave during the investigatory questioning, as the detention is of short duration and is limited in its scope. (A “Terry Stop” may involve little more than a short series of questions, such as, “What is your name? Where do you live? Why are you here?”) However, if a person is not allowed to leave the scene for an extended period of time, the person may be considered to be “under arrest,” even though those words are never used. If a person is handcuffed, is locked in the back of a police car, or is otherwise restrained from leaving, the person will ordinarily be considered to be “under arrest.”

If The Police Ask To Search Me, My House, Or My Car, Do I Have
To Say “Yes”?

No. You can refuse the police permission to conduct a search. Remember this – the only reason the police officer wants to perform a search is for evidence of criminal activity, and the fact that he is asking reflects an expectation that he will find some. You are entitled to say “No.” If the police officer has the legal authority to perform the search, he will do so whether or not you agree. However, if he does not have the legal authority to perform a search, your consent gives him that authority.During an investigative stop, or a traffic stop, a police officer may ask if he can search you or your car. However, if you give the police officer permission, he can perform the search even if he otherwise had no legal authority to do so. Some people don’t know, or forget, that they have an “open” bottle of liquor in the car – a bottle with the seal broken, whether or not the cap is off. Sometimes, people have knives or other weapons which can be classified as illegal “concealed weapons.” Sometimes, people forget that they have contraband in their cars, such as illegal drugs, or find to their chagrin that their teenaged child dropped a marijuana cigarette in the car. Unless you are the only person with access to the interior of your car, you may be in for a surprise if you grant permission for a search.

Do The Police Have To “Read Me My Rights” When I Am Arrested?

The police have no obligation to formally announce the arrest when it occurs, or to read a suspect his “Miranda Rights.” Typically, at some point the police will inform a suspect that he has been arrested. However, many defendants never receive their “Miranda Rights,” which relate to the validity of police questioning of suspects who are in custody, and not to the arrest itself.

What Is The Difference Between A “Terry Stop” And An “Arrest.”

While a “Terry Stop” can be made upon “reasonable suspicion” that a person may have been engaged in criminal activity, an arrest requires “probable cause” that a suspect committed a criminal offense.

Can the Police Arrest Me Without A Warrant?

For most misdemeanor offenses, a police officer can only make a warrantless arrest of a suspect if the offense was committed in the officer’s presence. Officers can arrest people for felonies based upon witness statements, or where a warrant for the person’s arrest has been issued.

What Happens If I am Arrested Without Legal Cause?

It is important to note that an “illegal arrest” does not mean that a person can’t be charged with a crime. If a person is arrested illegally, and is searched or questioned by the police, evidence gained through the search or questioning may be declared inadmissible. However, there are circumstances where that evidence will be admitted into court despite the illegality of the arrest. Further, if a person has outstanding warrants for other charges, he may be detained on those charges, even though his initial arrest was illegal.

If I Am Arrested, Can The Police Search Me?

The police have the authority to perform a search of a suspect and his immediate surroundings, “incident” to the arrest of the suspect. If the police arrest a person who was driving a car, they ordinarily get the authority to search the entire passenger compartment of the car – and will usually also be able to search passengers for weapons. If the car is impounded, the police may perform an “inventory search” of the entire car, including the contents of the trunk.

What Can The Police Charge Me With?

A person who has been stopped by the police may be ticketed for a “civil infraction,” may be ticketed or arrested for a “petty offense” or “misdemeanor,” or may be arrested for a “felony,” or may be released. It is possible for the person to later be charged, when the police complete their investigation.Sometimes, the person will be informed that charges have been filed, and will be asked to present himself at the police station by a particular date and time.At other times, a “warrant” for the person’s arrest may be entered into the state’s computer system, informing police officers to arrest the person if they find him. If the charges are serious, the police may go out to arrest the person.

Civil Infractions

A “civil infraction” is not a crime, although it is a charge filed by the state. The state has to prove that you committed a civil infraction by a “preponderance of the evidence,” which is to say; that it is more likely than not that you committed the violation. This is a much lower standard than the “proof beyond a reasonable doubt” standard that applies in civil cases. The typical civil infraction is decided by a judge or magistrate, without a jury, in what is typically a short proceeding.

Petty Offenses

Some states have a class of “petty offenses,” where the defendant may be tried without a jury before a judge or magistrate. Typically, the only punishment for a “petty offense” is a fine. However, these offenses may be of a criminal nature. If you are not sure whether you are charged with a criminal offense or a civil infraction, consult a lawyer.

Misdemeanors

A “misdemeanor” is a criminal offense, and conviction ordinarily results in a criminal record. Misdemeanors are technically less serious offenses, although the consequences of conviction can nonetheless be quite severe. Possible punishments for misdemeanors include imprisonment, probation, fines, and at times driver’s license sanctions. Some misdemeanors are classified as “sex crimes” and require that a convicted person be registered as a “sex offender”, and keep the police informed of his place of residence — a requirement that may continue for life.

Felonies

Felonies are the most serious offenses that can be charged. Sometimes, the distinction between “felonies” and “misdemeanors” seems arbitrary. However, all of the most serious criminal offenses (such as murder, sexual assault, embezzlement, burglary, robbery, arson, and treason) are felonies.

How Do I Know If I Am Charged With A “Civil Infraction” Or A Crime?

Typical “civil infractions” include “moving violations”, such as “speeding” and “failure to yield.” Sometimes people get confused, when they are charged with a traffic misdemeanor, such as having invalid license plates or driving an uninsured automobile, and think that they are being charged with “civil infractions.” Traffic misdemeanors are criminal offenses, and will result in a criminal record. Many traffic misdemeanors also carry “points” which will be added to the defendant’s driving record, and some require the suspension or revocation of a driver’s license. If you are ticketed for a “misdemeanor,” the ticket will likely reflect the nature of the charge, and you will be required to appear in court. If the charge is a “civil infraction,” you typically will not have to go to court if you pay a fine by mail. Read the ticket carefully.

Do Defendants Have The Same Rights When Facing Misdemeanor
And Felony Charges?

A defendant charged with a misdemeanor has fewer legal rights than a defendant charged with a felony. If the defendant will not face imprisonment as a result of conviction, he has no right to an attorney. There is no right to indictment by grand jury, or to a “preliminary examination” to review the basis of the charges filed. In some states, misdemeanor charges are tried before six person juries, whereas felonies are ordinarily tried before twelve person juries. Most other rights are the same, for both felonies and misdemeanors.

If I Have Not Been Arrested, How Do I Find Out If I Am Charged
With A Crime?

If there is reason to believe that you have been charged with a crime, you may wish to have an attorney contact the police or prosecutor to find out if a warrant has been issued for your arrest. Many people who have been charged with criminal offenses do not find out about the charges until they are stopped for traffic violations. The police, while checking their identification, find “outstanding warrants” for the person. Sometimes, the warrants have a “limited pick-up radius,” or the police officer does not believe that an immediate arrest is necessary, and the officer will simply inform the driver that a warrant has been filed and that the driver should report to the police agency that requested the warrant. At other times, the officer will make an immediate arrest, and will take the person into custody.

What Happens After I Am Arrested?

After being arrested, a person is “booked” by the police. Ordinarily, the police obtain identifying information from the suspect, such as his name, address, telephone number and driver’s license number. The person is checked for outstanding warrants for other offenses. Usually, the police take the suspect’s photograph and fingerprints. They make a record of this information, along with the nature of the crime charged, and usually an assessment of the suspect’s physical condition. If a person is under arrest at the time he is booked, he will ordinarily be thoroughly searched. If the arrest was legal, any evidence found in this search can be used as evidence in court.

Should I Consult An Attorney Before I Am Charged?

Yes, if possible. Unless you were arrested on an outstanding warrant, the fact that you have been arrested does not necessarily mean that charges have been authorized. An attorney can advise you of your rights, and how to handle contacts with the police. It can be very helpful to have an attorney intercede on your behalf before a warrant has been issued, as he may be able to influence the prosecutor’s “charging decision.” Sometimes, an attorney will be able to convince a prosecutor to charge a less serious offense, to send the complaint back to the police for more investigation, or even to refuse to authorize a warrant. However, once a warrant is issued, it is very difficult to get a prosecutor’s office to change the charge.

Do I Need A Criminal Defense Lawyer?

Any person who is facing a criminal charge, no matter how minor, will benefit from consulting a competent criminal defense lawyer. Even if the lawyer is not retained to provide representation in court, a consultation will help a criminal defendant understand the nature of the charges filed, available defenses, what plea bargains are likely to be offered, and what is likely to happen in the event of conviction.For serious charges, it will be a rare defendant who does not benefit from having a competent criminal defense lawyer assist with the negotiation of a plea bargain, or to prepare a case for trial.A criminal defense lawyer should also be able to identify important pretrial issues, and to bring appropriate motions which might significantly improve a defendant’s situation, or even result in the dismissal of charges.

How Much Will My Defense Cost?

The cost of a criminal defense lawyer can vary significantly depending upon the jurisdiction, and the nature of the charges which have been filed (or which are expected to be filed) against the defendant. A lawyer will typically require a greater retainer for a complex case than for a simple case. The amount of a retainer will also typically increase with the severity of the charge filed against a defendant. Sometimes, though, a relatively minor charge can require a higher retainer, where the attorney expects to have to engage in extensive motion practice, or where it will be necessary to utilize expert witnesses.In a misdemeanor case, although as previously noted the typical fee will vary significantly between cities, counties, and states, it is not unusual for a lawyer to request a retainer of several thousand dollars. For felony cases, retainers often start at $5,000 – $10,000, and can be $25,000 or more for serious or life felonies, such as sexual assault cases or homicide. The anticipated cost of expert witnesses can also significantly increase a retainer.Be wary of entering into a retainer agreement which calls for additional payments if the case will go to trial. It is not unusual for appellate lawyers to hear clients recite that they entered into guilty pleas after they were unable to come up with the necessary funds to pay their lawyers to proceed with a trial. If you do decide to enter into an agreement whereby you will pay an additional retainer if your case goes to trial, make sure that it is an amount you can afford.

Finding a Criminal Defense Lawyer

It is unfortunately not always easy to find a good criminal defense lawyer. Here are some suggestions:Referrals– It may be possible to find a criminal defense lawyer from somebody who is familiar with the lawyer’s practice. For example, if you regularly work with a lawyer or law firm, that lawyer may be able to suggest a competent criminal defense lawyer in your area. If your county is served by a public defender’s office, sometimes a defender’s office will be willing to suggest a competent are defense lawyer. If you have a friend or family member who has been in trouble with the law, that person may be able to make some suggestions.

Courtroom Observation

– You may wish to sit through some public sessions of court while criminal cases are being argued. If you find a particular lawyer’s performance to be impressive, you may take note of the lawyer’s name and later contact the lawyer about the possibility of representing you.

State versus Federal Charges

– There are additional factors you may wish to consider when hiring a federal criminal defense attorney.

After you have located one or more attorneys whom you wish to consult about your case, call them to schedule appointments. (Find out at that time if they offer a free initial consultation, or if you will be charged for the meeting.) Try to speak with the criminal defense lawyer over the phone before scheduling the appointment. Ask about the lawyer’s general experience with criminal defense, and any specific experience with cases like yours.

Trust your instincts – if you aren’t comfortable with an attorney you consult, try a different office. You do not have any obligation to hire a lawyer merely because you consulted with that lawyer. If your lawyer is promising you that your case is easy, or makes promises that you won’t go to jail, speak to other lawyers before signing a retainer agreement – some lawyers misrepresent the gravity of a defendant’s situation or the complexity of a case in order to entice the defendant to pay a retainer, and then blame the judge or prosecutor when the rosy scenario they initially promised turns out to be a nightmare.

Read the entire fee agreement with the lawyer before you sign it, and make sure you get a copy for your own records.

Private Defense Counsel or Appointed Counsel?

People who are charged with felony offenses, and many individuals who are charged with misdemeanors, may be eligible for appointed counsel or for assistance through a public defender’s office. When a defendant petitions for a court-appointed lawyer, the trial judge will typically make an assessment of the defendant’s resources to determine if the defendant will qualify for an appointment of a criminal defense lawyer. When an appointment is made, although the defendant may be ordered to repay certain attorney fees following a guilty plea or conviction, there will not ordinarily be any fee in the event of acquittal or dismissal of the charges.Some people assume that a court appointed criminal defense lawyer will offer services which are inferior to a privately retained lawyer. While it is certainly true that some public defenders, some appointed lawyers and some private attorneys will prove to be insufficiently skilled or dedicated to their work to provide an effective defense, it is generally asserted that the average public defender will provide better representation than the average private criminal defense lawyer. The primary reasons for this include experience, as a professional public defender will typically have much more experience with criminal cases than a private lawyer, the ability to collaborate with other experienced lawyers within the office, and also due to the resources and systems available to a typical public defender’s office. Many private criminal defense lawyers take appointments – meaning that if you are charged in a jurisdiction that appoints private lawyers to represent criminal defendants, many of the lawyers you might otherwise retain will be among those to whom a court might assign your case. And even if you are ordered to repay legal fees, the cost of an appointed lawyer is almost always significantly lower than the cost of a retained lawyer.In short, if you can hire an effective criminal defense lawyer you should not hesitate to do so. But, if your means are limited, you should also not hesitate to request an appointed defense lawyer, and should not fear that you will receive inferior representation just because your lawyer was appointed.

Changing Lawyers

It is important to note that your constitutional right to effective assistance of counsel relates almost exclusively to the performance of appointed counsel. It is virtually impossible to convince an appellate court that the incompetence of counsel of your own choosing constitutes an error requiring reversal. If you are not comfortable with the competence of your lawyer, retained or appointed, consult with a second lawyer to have your situation reviewed. It may well turn out that your lawyer is competent – but it is you who could go to prison, not your lawyer, if the lawyer is inept.

What Happens When I Go To Court For The First Time?

Typically, a criminal defendant’s first court hearing is an “arraignment” before a judge or magistrate. An “arraignment” is an appearance in court where charges are formally read to a defendant. The judge or magistrate may also evaluate whether there was probable cause for an arrest, and may compel the prosecutor to allege additional facts to support the arrest. If probable cause is not established, the defendant must be released.If bail has not previously been set, it is often set at the same time as the arraignment. Bail (or “bond”) is often granted in a standard amount, depending upon the crime charged.In some jurisdictions, there is a subsequent “formal” arraignment, where the formal charges (“indictment” or “information”) are presented to the defendant. These charges are drafted by the prosecutor, and may vary from any original charges that were drafted by the police.

Do I Enter A Plea At The Arraignment?

At arraignment, the defendant is offered the opportunity to enter a formal plea. Sometimes, a defendant will plead “guilty” or “not guilty.” In some circumstances, the defendant may enter a “no contest” plea, which is treated by the court in the same manner as a guilty plea. Sometimes, the defendant will “stand mute,” and a “not guilty” plea will be entered by the court on his behalf. If a “not guilty” plea is entered, the court will ordinarily advise the suspect of his right to remain silent and his right to an attorney. If a defendant is indigent, he will usually be given the opportunity to petition the court for an appointed attorney.Usually, a defendant should speak to an attorney (even if only for a free consultation) before deciding whether or not to enter a plea of “guilty” or “no contest.” There is no need to rush into a plea to “get it over with” — particularly given that a bad decision can haunt you for the rest of your life.

Can I Get Released From Jail?

If bail is granted, and the defendant posts the required bail, he will be released. Sometimes, a defendant will be released on his own recognizance — his promise that he will appear for the next court hearing. Sometimes, bail is set in a very high amount. A defendant who is accused of very serious crimes may be denied bail, or have bail set in the millions of dollars. A defendant who is released on bail must attend all subsequent court hearings, or risk having his bail forfeited. (Keep this in mind — if you put your house or your car up as collateral for somebody else’s bail, you risk losing it if that person does not appear in court.)

What Happens After The Arraignment?

If you are charged with a misdemeanor, the next hearing is likely to be a “pretrial,” where the case is scheduled for trial. Sometimes, a defendant will enter a plea at the pretrial. At other times, the case will be scheduled for a “bench trial,” “jury trial,” or “plea hearing.”If a defendant is charged with a felony, but has not been “indicted” by a “grand jury,” the next step will likely be a “preliminary examination” where the prosecution must demonstrate to the satisfaction of a judge that there is reason to believe that a crime was committed, and that the defendant was the person who committed the crime. The defendant is allowed to question witnesses at this hearing. While the defendant ordinarily can present evidence, and may choose to testify, most defendants choose not to do so. If the Court is satisfied by the prosecutor’s evidence, the felony charges will be approved. Depending upon your state’s rules of criminal procedure, a defendant may be transferred to a different court for all further proceedings. He may be arraigned again, after the preliminary examination, and subsequently will have a pretrial.

What Do The Attorneys Do Between The Arraignment And The Trial?

During this time, the prosecutor and the defense attorney will likely demand “discovery” from each other. Often, this means nothing more than that the prosecutor gives the defense a copy of the police report, and perhaps some laboratory reports if the case involves drugs or drunk driving. While defense attorneys may differ, many prosecutors argue that this meager discovery fulfills their duties. The prosecution is obligated to provide the defense with the names and addresses of all relevant witnesses, and with copies of written or recorded statements made by the defendant or by co-defendants. The prosecution may be compelled by statute or court rule to provide additional information upon request, such as copies of witness statements, and reports from expert witnesses. The specific materials and information that must be exchanged will vary from state to state. Increasingly, the defense is required to provide certain information to the prosecutor, including witness lists, and may also be required to provide expert witness reports. In some states, the parties can conduct depositions of witnesses, where the witness testifies under oath before a court reporter, prior to trial. However, most states do not allow for depositions in criminal cases.Depending upon state law, a defendant will have to notify the prosecution if he plans to bring certain defenses to the criminal charges, such as an alibi defense, an insanity or diminished capacity defense. The purpose of the notice requirement is to allow the prosecutor to prepare for the defense, and to collect evidence and interview witnesses to challenge the defense. A defendant who is claiming insanity will ordinarily be examined by a state psychiatrist, and the refusal to submit to examination will usually prevent the defendant from raising that defense.

What If I Can’t Find A Witness?

The defendant generally has the right to request that the prosecutor’s office assist him in procuring witnesses for trial. Indigent defendants usually receive the greatest assistance, which may include issuance of subpoenas. However, due to the prosecutor’s access to information and police assistance that is not available to the defendant, the prosecutor is ordinarily obligated to help any defendant locate a missing witness.

What Is Involved In Pretrial “Motion Practice”?

Prior to the trial, either the defendant or the prosecutor may file motions with the trial court. Typical motions include motions to suppress evidence, motions in limine, and motions to dismiss. A motion to suppress evidence asks the trial court to exclude evidence from the trial, usually on the basis that it was collected in violation of the defendant’s constitutional rights. For example, if the defendant is arrested illegally, and is searched after his arrest, the evidence found during that search may be inadmissible. Similarly, a defendant may seek to exclude a statement or confession that he made to the police. A motion in limine asks the court to limit the issues or evidence at trial. For example, a defendant may wish to ask the court to exclude certain inflammatory allegations about him, which are not related to the charges against him, or portions of the defendant’s criminal record which are not properly admitted under the rules of evidence. The prosecutor may also wish to introduce evidence which cannot properly be linked to the defendant or the alleged crime, due to the circumstances or manner in which it was collected. A motion to dismiss asks the court to dismiss the charges against the defendant, usually on the basis of a procedural deficiency. A motion to dismiss may be filed following an illegal arrest, where all of the evidence presented by the prosecution was found as the result of that arrest.

What Is A “Diversion Program”?

At times, prior to trial, a defendant may be found eligible for a “diversion” program. These programs are not available in all communities. Typically, they are aimed at young offenders who have no significant criminal records. If a person successfully completes the conditions of a “diversion” program, which may include such requirements as counseling, attendance of “crime impact” classes, and regular attendance at school, either no charge is filed, or the charge is dismissed. If the defendant violates the terms of the diversion program, the charges are reinstated.

What Is The Significance Of My “Speedy Trial” Right?

A defendant has a constitutional right to a “speedy trial.” The meaning of “speedy,” and the benefits of demanding a “speedy trial,” varies from state to state. In some states, most defendants have to waive their right to a “speedy trial” in order to get sufficient time to prepare their defenses. If a defendant demands a “speedy trial,” he cannot later claim that he did not have time to prepare his defense. However, if a defendant demands a “speedy trial” and the prosecutor is not prepared to proceed to trial, the charges against the defendant may be dismissed.

What Is The Difference Between A “Bench Trial” And A “Jury Trial”?

A case that goes to trial will be heard by a judge in a “bench trial,” or by a judge and jury in a “jury trial.” In a jury trial, the judge decides the law, while the jury decides the facts. In a bench trial, the judge decides both the law and the facts. Both the prosecutor and the defendant have the right to demand a jury trial, although prosecutors are usually happy to consent to bench trials.

What Is “Jury Selection” And “Voir Dire”?

If a case is scheduled for jury trial, the parties engage in “jury selection.” During jury selection, a panel of jurors is questioned by the judge, by the attorneys, or both, in a process called “voir dire.” The purpose of this hearing is to determine if the jurors will be fair and impartial, and will decide the case based upon the evidence presented in court. Both the prosecution and defense can challenge jurors “for cause,” claiming that the jurors are prejudiced against their side. The judge determines if there is valid cause to exclude a particular juror from hearing a case. Both the prosecution and defense also receive a limited number of “peremptory challenges,” which allow them to remove jurors without any reason or explanation.

What Happens At Trial?

Typically, at the start of a trial the jury will be given preliminary instructions. The jury is instructed at this time that the defendant is presumed innocent, and that the presumption of innocence does not change until the jury begins deliberations. Jurors are not supposed to abandon the presumption of innocence before hearing all of the evidence in the case.Next, the attorneys will present opening statements. Witnesses are presented first by the prosecution, and next by the defense. At times, the defense will not present any witnesses, either because the prosecution called all of the relevant witnesses during its case, or because the defense wishes to argue that the prosecutor’s case is insufficient to justify conviction. The defendant cannot be compelled to testify against himself, but he has the right to testify in his own defense if he chooses to do so.At the conclusion of the defendant’s case, the prosecutor may present “rebuttal” witnesses to respond to arguments or evidence introduced by the defendant. Sometimes, the defendant will be allowed to present “rebuttal” to the prosecutor’s “rebuttal.”After all of the testimony has been taken, the attorneys will present their closing arguments. The jury is then given additional instructions, and commenced deliberations. Sometimes the defense attorney will request a “directed verdict” of not guilty, meaning that the judge will instruct the jury that the only verdict it can return is “not guilty.” These motions are commonly made, but are rarely granted. If the jury cannot reach a verdict, the judge will eventually discharge the jury. The prosecutor must then decide whether to dismiss the charges or to seek a new trial.

What Happens If The Jury Acquits The Defendant?

If the jury acquits the defendant, finding him not guilty, the case is usually over. (In the United States, the prosecutor cannot appeal an acquittal. However, in some other nations, the prosecutor has a limited right to appeal.)

What Happens If The Jury Convicts The Defendant?

A jury can also return a verdict of guilty. If a defendant is charged with more than one offense, the jury may convict the defendant of some charges while acquitting of others. At times, the jury will choose between related offenses. For some offenses charged, the jury may convict of a “lesser included” offense. For example, if a defendant is charged with “open murder,” the jury may convict him for first degree murder, second degree murder, voluntary manslaughter, involuntary manslaughter, or negligent homicide. (Please note that the names and elements of the various homicide offenses may vary from state to state.)After being convicted, a defendant may file post-trial motions, such as a motion for a new trial. These motions are rarely granted. The defendant may also file an appeal.

What Are The Possible Sentences For A Criminal Offense?

After sentencing, a defendant may simply be ordered to pay fines and costs, and be released. A defendant may also be ordered to participate in community service, or to spend time on a work crew. A defendant may be placed on probation, and may even be placed on “house arrest,” while wearing a “tether,” an electronic monitoring device. A defendant may also be sentenced to jail or prison. Courts can combine these various options, in fashioning a sentence for a defendant.

What Happens If I Am Placed On “Probation”?

A defendant may also be placed on probation. A defendant on probation will ordinarily meet with his probation officer monthly and at times more frequently. Sometimes, a defendant will be placed on “non-reporting” probation, where he does not meet with a probation officer.Typically, at the end of his probation, such a defendant will be asked to demonstrate that he complied with the terms of probation (such as by submitting attendance records from court-ordered Alcoholics Anonymous meetings), and his record will be checked for any further criminal activity. Sometimes, a defendant will be allowed to report by mail. This usually happens in cases where a defendant has been on probation without any problems for a long time, but his probation officer still wants periodic information on his activities.A defendant who has been convicted of a drug conviction may have to report to the probation office frequently for drug testing. A court may also order drug or alcohol counseling, or attendance of Alcoholics Anonymous or Narcaholics Anonymous meetings. During probation, a probationer must typically seek permission from his probation officer before moving or changing jobs. He may be restricted from leaving the state without his probation officer’s permission.

How Long Does Probation Last?

Probation usually lasts between one and three years, but can last longer depending upon the offense committed and state policies. Some states have “life probation” for certain drug offenses, where a person is placed on probation indefinitely. After a probationer has paid off his fines and other court assessments, and has completed other requirements of his probation (such as community service), a probation officer will sometimes consider an early discharge from probation. However, most probationers complete their entire terms of probation. Many, upon violating the terms of their probation, are in fact ordered to report to probation more frequently. If violations are of a serious or repeated nature, a probationer can be charged with violating his probation, and be ordered to appear before a judge for a hearing.

What Is A “Tether,” or “Electronic Monitoring”?

Tethers are increasingly sophisticated devices. A typical tether has a portable unit which is strapped to the probationer’s leg, and a “base unit” which is connected to the probationer’s telephone line. The portable unit sends a constant signal to the base unit. The base unit keeps a record of when that signal is interrupted, and transmits that information by telephone to the probation office. The probationer on “house arrest” is placed on a strict schedule, and must account for any absences from his home that are not pre-approved by his probation officer. If a probationer is not home at the times he is supposed to be, the probation officer may contact the probationer to inquire why he was not at home, or may contact the police and have the probationer arrested.

What Happens If I “Violate” My Probation?

A probation officer has the discretion to give a probationer a warning, or to make him appear before a court for a “probation violation” hearing. If you go to a hearing, the probation officer will typically ask that you face additional punishment, usually involving incarceration. There is no “hard and fast” rule for what type of probation violation will result in a probation violation hearing. One violation that is almost always considered serious is failing to appear for scheduled meetings with the probation officer. Being caught in possession of illegal drugs, or being arrested for another crime, will also typically result in a hearing before a judge. At times, the seriousness of the violation may depend upon the facts of the underlying offense — for example, if a person is convicted of being involved in a gang-related offense, the violation of probation through “association with known criminals” may be viewed more seriously than if the person is on probation for driving a car while his driver’s license was suspended.

What Are My Rights At A “Probation Violation” Hearing?

It is important to note that probation violations are typically tried under a “preponderance of the evidence” standard, where the prosecutor must show only that it is more likely than not that the probationer violated the terms of his probation. There have been many cases where a person’s probation was violated for engaging in new criminal activity, despite the fact that he was acquitted of the new charge, or was in fact never charged with a new offense.

What Happens If I Am Convicted Of A Probation Violation?

If a person is convicted of a probation violation, sometimes the court will extend his probation, or impose additional terms. Often, the court will sentence the probationer to a period of time in jail, followed by the continuation of his probation. Sometimes, the probationer will be resentenced to jail or prison, or will be ordered to complete a term that was previously “suspended.”

When Are Defendants Sentenced To Jail?

If the court feels that a more serious punishment is required than a term of probation, the offender may be sentenced to jail. “Jails” are typically run by County governments, and are used to house defendants prior to trial, and to punish people who have been convicted of less serious crimes. Although the exact terms vary from state to state, typically the maximum jail sentence is one year. At times, the offender will simply be sentenced to jail, while more typically the defendant will have to serve a term of probation after completing his jail sentence.

What If The Judge Thinks That Jail Is Not Enough?

If the defendant’s offenses are more serious, most states have a “boot camp” programs, which are intense, military-style facilities. Incarceration typically lasts about ninety days. Participants may be cautioned that if they drop out of the program, or are kicked out, they will be sent to prison. Some states reserve these programs for young offenders. As these programs can be physically strenuous, some people cannot participate in “boot camp” programs due to health conditions.If all else fails, the defendant will be sentenced to prison.

What Happens If I Go To Prison?

The most serious punishment for most crimes involves sentencing the defendant to prison, the “state penitentiary.” Following serving his “minimum term,” a portion of his sentence that varies from state to state, a defendant who is in prison will usually qualify for parole. Many defendants who are incarcerated can earn “good behavior” or “good time” credits, which allow them to qualify for an earlier release date by behaving. The idea is that model prisoners are less likely to re-offend, and that prisoners will behave better if they have an incentive not to cause trouble. Some prisoners will not be eligible for “good time,” due to the nature of their offenses. Often “habitual offenders” are not eligible for “good time” credits. Some jurisdictions have abolished “good time” for all prisoners.

Do All Prisoners Get Parole?

Parole is a privilege, not a right, and many prisoners are refused parole when they first apply. Parole boards expect to hear a prisoner admit responsibility for his crimes. They also expect that the prisoner will take advantage of the programs made available in prison, such as, if appropriate, GED programs, Alcoholics Anonymous, and vocational training. They will also look at the prisoner’s conduct during incarceration, and whether the prisoner has been cited for misconduct. (Typically, prisoners will be “ticketed” for their violations of prison rules, with offenses classified as “major” or “minor.” A prisoner who was involved in a fight would likely be ticketed for a “major” offense, while a prisoner who yelled at a guard might be ticketed for a “minor” offense, depending on the circumstances. These “tickets” can be challenged through administrative hearings, but are usually upheld as valid.) They may also look at the prisoner’s age, the amount of time he has served, the remaining time in his sentence, and his mental health. The exact criteria for parole vary from state to state.Perhaps the most important assessment that the parole board attempts to assess is the likelihood that the prisoner will re-offend. Parole boards have no interest in releasing people into society who will commit more crimes, particularly given that the media will sometimes hold the parole board as responsible as the criminal in such cases. Increasingly, potentially dangerous offenders, such as sex offenders, are finding that they are never granted parole, even in states where they are eligible.Some prisoners are not eligible for parole, either because of state policy, or because of the crime they committed. Some crimes carry a flat term of years, which must be completed without the possibility of parole. A defendant who is sentenced to “life” in prison will either be sentenced to “parolable life,” or to “non-parolable life.” If a person serving a “life” term is eligible for parole, he typically must serve fifteen or twenty years of his sentence before he can request parole. If a person is serving non-parolable life, he never becomes eligible for parole.

How Long Are People Kept On Parole?

The length of the parole will depend upon the nature of the crime committed, the length of the defendant’s sentence, and how well the defendant performs while on parole. A defendant who repeatedly gets into trouble or breaks the conditions of his parole may find that he is returned to prison. (Many states have jail-like facilities for “technical rule violators,” where they can send parolees who violate the terms of their paroles, but not to the level that the parole board wishes to return them to prison.) In most states, after a long enough period of good conduct, it is possible for a defendant to be discharged from parole.

Are Prisoners Simply “Released” From The Prison When They Receive Parole?

Release into the community may occur in stages. First, as the criminal nears his release date, he may be moved into less secure prison facilities. If he abuses the privileges at the less secure prison, he will be returned to a more secure facility. Prisoners in less secure facilities are sometimes allowed to work outside of the prison, either through a state program or sometimes through a private employer. If the prisoner continues to behave well, he may eventually qualify for placement in a half-way house, a residential facility where he can have a job, and may even qualify for day or weekend passes where he is free to do what he wants. If a prisoner successfully completes a term in a half-way house, he is usually paroled into the community.

What Happens After A Prisoner Is “Paroled Into The Community”?

A prisoner on parole is not without restriction. Sometimes, the prisoner will spend time on a “tether,” an electronic monitoring device that allows his parole officer to monitor his movements, and be restricted from doing much other than going to work. A parolee will typically not be allowed to move without permission from his parole officer. Sometimes, it will be a parole violation to get fired from a job. Parolees are typically restricted from associating with known criminals. If the parolee has drug or alcohol problems, he may be subjected to periodic testing for use. If the parolee has mental health problems, he may be ordered to participate in counseling or to obtain psychiatric treatment. (Increasingly, prisoners with mental health problems are refused parole, and simply serve out their time in prison.) Parolees may be surprised to learn how much control their parole officers exercise over their lives, and, depending upon the state, the extent of the parole officer’s powers to search the parolee or his residence upon suspicion that the parolee has engaged in illegal activities. Parolees often cannot move or change jobs without permission.

If I Am On Parole, Can I Leave The State?

Parolees are typically not permitted to leave the state without permission from their parole officers. Permission may be granted for short trips out of state, for example to attend funerals, or for longer trips, such as to assist a sick relative. However, some parolees are surprised to learn that, due to the nature of their offenses or a perceived risk of flight, their parole officers refuse to allow them to leave the state. If a parolee wishes to move to another state, and is granted permission to do so, his parole will typically continue, and will typically be transferred to the Department of Corrections in his new home state.

What Happens If A Person “Violates” His Parole?

If a parolee is accused of violating his parole, he is typically given the opportunity to challenge the accusation at an administrative hearing before the parole board. There will typically be two hearings, the first to determine if the parolee should be held in custody pending the full hearing, and the second to determine if the parolee violated the terms of his parole. Parolees who fail to report for meetings with their probation officer, who are caught with illegal drugs or concealed weapons, who associate with known criminals, or who are arrested on new criminal charges, are particularly likely to be returned to prison. It should be noted that being arrested can be enough to violate a person’s parole, even if no charges result from that arrest.

Charged with Possession of a Controlled Substance? Protect Your Future with the Help of Houston Drug Lawyer Charles Johnson

Hire the Best Drug AttorneyCharges of Possession of a Controlled Substance (POCS) in the Houston 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 Houston area or anywhere in Texas, contact Houston 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 Houston, Dallas, Austin and San Antonio for your convenience. Attorney Johnson will speak to you whenever you need him. He can be reached directly at (713) 222-7577 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 Houston 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 Houston 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 Houston 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 (713) 222-7577. He is available to discuss your case whenever you need him.

 

Possession of a Controlled Substance

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Marijuana Cultivation Charges: The Best Houston Criminal Lawyer To Represent You

Best Houston Criminal Lawyer: Marijuana CultivationHave you been accused of operating a marijuana grow house? Grow houses have been popping up all over Texas and all over the nation. As a result, law enforcement has intensified investigations. They are reviewing electrical usage and water usage to determine if excessive amounts are being used — creating suspicion that the manufacture/cultivation of marijuana is being carried out on the premises. If you are under investigation or have been arrested and are facing drug manufacturing charges, you need experienced legal counsel on your side. Houston Criminal Lawyer Charles Johnson expertly defends clients who have been charged with marijuana-related crimes through the entire State of Texas, with offices in Houston, Austin, Dallas and San Antonio.

At the Charles Johnson Law Firm, we take marijuana charges seriously. We provide aggressive manufacture/cultivation defense representation to each client. Contact Attorney Johnson directly at (713) 222-7577 anytime night or day to discuss your case with an experienced criminal defense attorney.

Marijuana Cultivation: Defense Lawyers You Can Trust

Our law firm provides exceptional defense representation. We have earned a reputation for our diligence and our commitment to our clients. Clients have come to respect and trust us when they are in need and their future is at stake. We know the law and how to effectively defend our clients.

When clients have been charged with marijuana cultivation or other drug manufacturing, we analyze every aspect of the case.

  • How did law enforcement become aware of the use of grow lights?
  • Was reviewing the occupant’s electrical bills legal?
  • Was a valid search warrant obtained before entering the home?
  • Did someone else have access to the home?
  • Was the home actually owned by someone else?

In marijuana cultivation cases, penalties are based on quantity. Therefore, if you have possession of a significant amount of plants in your home or an amount of marijuana of substantial weight, you may face a mandatory minimum sentence. Experienced defense counsel is paramount to the success of your case.

We use our knowledge of the law to our client’s benefit. If required procedure was not followed or our clients’ rights were violated, we petition to have evidence suppressed from the record — weakening or destroying the case against you. If you have been arrested for marijuana cultivation, trust the Best Houston Drug Lawyer Charles Johnson to provide the zealous defense representation you need. You can contact Attorney Johnson directly anytime night or day at (713) 222-7577.

About Marijuana Cultivation in Texas

In Texas, it is against the law to possess, distribute, or grow marijuana. The charges for these crimes are serious and the penalties include jail time, probation, prison, and expensive fines. In addition to these consequences, your driver’s license will be suspended even if you are not driving a vehicle at the time of your arrest.

Texas marijuana cultivation laws make it illegal for you to grow and possess certain plants or other organic materials that are used to produce marijuana. This means that if you are found with cannabis seeds, grow lighting systems, or marijuana plants, you will be charged with marijuana cultivation.

Large-scale federal marijuana cultivation charges are serious and carry severe consequences. As a federal offense, your case would be handled in the federal court system, which places strict sentencing guidelines on convictions. It is important that you retain a lawyer who has experience trying cases at the federal level. I can evaluate your case from every angle to determine the best course of action.

Marijuana is derived from the hemp plant called Cannabis sativa, which can be found growing naturally in many parts of the world. Though it may be commonly known as a hallucinogenic drug, the hemp or marijuana plant can be used in many other ways to produce paper, hemp oil, food and clothes. Owning items that are made of hemp is not illegal; however, growing or cultivating a marijuana plant in Texas is punishable as a criminal offense.

Marijuana remains readily available and is considered the most widely used illegal drug throughout the State of Texas. Marijuana in this area is primarily imported from the Texas/Mexico border via privately owned vehicles (POV) and commercial trucks. Large quantities of marijuana are routinely seized by all levels of law enforcement during highway interdiction stops in the North Texas area. In recent years, increased enforcement activity has lead to the seizure of several significant indoor marijuana cultivation operations in North Texas. These operations range in size from 100 to over 1100 plants and have produced marijuana with THC levels as high as 15%. Mexican marijuana is the most predominantly trafficked drug in the Houston Division. It is not uncommon for the US Border Patrol to make multi-hundred pound marijuana seizures from “back packers” at points along the Rio Grande River, and from vehicles at the US Border Patrol secondary checkpoints in Texas. At the Ports of Entry, ton quantity seizures of marijuana are often made from commercial trucking attempting to enter the United States.

Outdoor Operations

Seasonal marijuana growing operations may be conducted on lands of all ownership. Some individuals elect to grow their illegal crops on publicly owned lands where isolation and limited public access lessen the likelihood of accidental detection. Certain things may be indicators of an outdoor growing operation. Some of these are:

  • An unusually large purchase of fertilizer,
  • garden hoses, PVC pipe, and
  • camouflage netting.
  • Excessive security measures out of place
  • in remote forested areas.
  • An unusual structure or out-of-place
  • items in remote forested areas, such as
  • buckets, garden tools, hoses, PVC pipe,
    and fertilizer bags.

Indoor Operations

Many individuals choose to cultivate marijuana indoors in order to have total control of the environment. These operations may divert power from power companies to circumvent payment of high bills and attempt to avoid detection. This only raises the cost of power for law-abiding citizens.

Certain things may be indicators of an indoor growing operation. Some of these are:

  • Covered or blackened-out windows.
  • Loud humming sounds (from fans or ballasts).
  • An unusually strong musty odor.
  • Unusually large amounts of potting soil, containers, fertilizer, hoses, halide light system, and ballasts.
  • Excessive security measures and use of guard dogs.

Marijuana possession, sale, and manufacture are regulated by both state and federal law. In Texas, marijuana is classified as a Schedule I substance, which means that it has a high potential for abuse and no generally recognized medical value. (Texas Stat. and Code Ann. § 481.002.)

Marijuana Possession

It is a crime to possess marijuana in Texas. Penalties vary according to the amount possessed, with increased penalties for offenses in a drug free school zone. (Texas Stat. and Code Ann. § 481.121.)

Two ounces or less. Penalties include a fine of up to $2,000, up to 180 days in jail, or both.

More than two ounces, but less than four ounces. Penalties include a fine of up to $4,000, up to one year in jail, or both.

Four ounces or more, up to and including five pounds. Penalties include a fine of up to $10,000, between 180 days and two years in prison, or both.

More than five pounds, up to and including 50 pounds. Penalties include a fine of up to $10,000, between two and ten years in prison, or both.

More than 50 pounds, up to and including 2,000 pounds. Penalties include a fine of up to $10,000, between two and 20 years in prison, or both.

More than 2,000 pounds. Penalties include a fine of up to $50,000, between five and 99 years in prison, or both.

Marijuana Cultivation and Sales

It is illegal to cultivate or sell marijuana (or possess marijuana with the intent to do so) in Texas. Penalties vary according to the amount cultivated or sold, with increased penalties for sales to a minor or within a drug free school zone. (Texas Stat. and Code Ann. § 481.120.)

Gift of one fourth of an ounce or less. Penalties include a fine of up to $2,000, up to 180 days in jail, or both.

Selling one fourth of an ounce or less. Penalties include a fine of up to $4,000, up to one year in jail, or both.

More than one fourth of an ounce, and up to and including five pounds. Penalties include a fine of up to $10,000, between 180 days and two years in prison, or both.

More than five pounds, up to and including 50 pounds. Penalties include a fine of up to $10,000, between two and 20 years in prison, or both.

More than 50 pounds, up to and including 2,000 pounds. Penalties include a fine of up to $10,000, between five and 99 years in prison, or both.

More than 2,000 pounds. Penalties include a fine of up to $50,000, at least ten (and up to 99) years in prison, or both.

Drug Paraphernalia

It is illegal in Texas to manufacture, sell, or use drug paraphernalia (or possess paraphernalia with the intent to do so). Paraphernalia includes items used in growing, harvesting, processing, selling, storing, or using marijuana. Penalties for possession include a fine of up to $500, but no jail time. Selling paraphernalia may be punished with a fine of up to $4,000, up to one year in jail, or both. (Texas Stat. and Code Ann. § 481.125.)

Stamp Tax

A stamp tax is a tax imposed on certain types of transactions (such as the transfer of property) that requires a stamp to be purchased and attached either to the item sold or to an instrument documenting the transaction (such as a deed). The federal government imposes stamp taxes on deeds, the issue and transfer of stocks and bonds, and on playing cards.

In Texas, those who buy, transport, or import marijuana into Texas are required to pay a stamp tax and place the stamp (proof of payment) onto the contraband. However, because the possession of marijuana is illegal, people typically don’t pay the stamp tax. When you are convicted for possession, you will also be liable for payment of the unpaid taxes ($3.50 for each gram or portion of a gram). (Texas Stat. and Code Ann. § 159.101A.)

Challenging the Prosecution’s Case – Why You Shouldn’t Give Up Hope

Marijuana cultivation cases often depend on informants. People who have been arrested on drug and related criminal charges may agree to provide police with information in exchange for a reduced sentence. As a result, someone may give your name to the police when in reality you have little, if anything, to do with the cultivation of marijuana. Houston Drug Lawyer Charles Johnson will investigate the background of informants and their relationship to the police in order to expose leads and information ignored by law enforcement in building their case against you.

Facing Possession Charges

Often marijuana possession charges result from police contacts while in your car. Typically, officers will ask the driver if they can search their car. In many cases, drivers agree to a search thinking officers have a right to inspect their car. However, an officer must first have reasonable suspicion that a law has been broken to pull you over. Second, in order to search your car, one of the following must apply: You must give voluntary, informed consent to the officer; the officer must see something in plain sight that gives them probable cause to conduct a search; or the search must be incident to a lawful arrest. Attorney Johnson will review the evidence, dashboard camera footage and the actions of arresting officers to determine if your rights were violated.

The Value of Local Legal Representation

If you have been charged with a marijuana-related offense, consult an experienced criminal defense attorney. While the penalties and consequences of a marijuana charge are governed by statutory law, only a local criminal defense attorney can tell you how cases like yours tend to be handled by prosecutors and judges in your courthouse. As you can see, the penalties for marijuana cultivation in Texas are life changing. Not only is your freedom at stake, your bank account can be cleaned out and you will lose your driving privileges. You need an experienced drug-offense attorney on your side at a critical time like this.

Houston Drug Lawyer Charles Johnson expertly defends clients who have been charged with marijuana-related crimes through the entire State of Texas. Due to his dedication to fighting drug charges, he is familiar with the most effective defense strategies to defend you. If you’ve been arrested on marijuana cultivation charges in Houston or anywhere in Texas, it’s in your best interest to speak with an experienced drug cultivation defense lawyer who can inform you of your legal rights and provide you with the aggressive defense you need against your charges.

When you come to our firm, you can rest assured that a knowledgeable and well-practiced Texas marijuana cultivation defense attorney will thoroughly look into your charges to determine if the police violated your constitutional rights, or conducted an unlawful search and seizure. If we find any evidence that may indicate the police violated the law, we will make it known to the judge immediately, and motion to have the charges dropped.

To learn more about our defense services, please contact Houston Marijuana Cultivation Lawyer Charles Johnson anytime night or day at (713) 222-7577 to speak with him directly.

Marijuana Cultivation Charges: The Best Houston Criminal Lawyer To Represent You

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Arrested for Marijuana Possession or Sales? The Best Houston Lawyer

Finest Houston Criminal Defense Attorney

The Charles Johnson Law Firm is one of the foremost criminal defense law firms in Houston in defending people from drug convictions, including the possession and sale of marijuana. Our unique strategy gives our clients the best opportunity to avoid criminal penalties, and our criminal defense law firm’s familiarity with drug laws, both felonies and misdemeanors, is unrivaled. We provide each client a high-quality legal defense that is superior. Houston Criminal Lawyer Charles Johnson can defend against any criminal drug charge in both federal and state courts, and our firm’s track record of success continues to grow.

Hire the Best Houston Drug Crimes Defense Lawyer: The Charles Johnson Law Firm

Criminal Marijuana Penalties

Marijuana possession and sale charges can be either misdemeanors or felonies, but both carry serious penalties. Jail time, heavy fines, probation, mandatory rehab programs and more are all possible penalties for drug charges. Attorney Johnson’s finely tuned defense techniques have evolved from years of experience, and he brings that knowledge and experience to those facing marijuana-related criminal charges.

Marijuana Possession

Of all the marijuana laws in Texas, possession of marijuana may be the most unfair. It punishes otherwise responsible citizens merely for keeping some pot for personal use and who have no intention of ever doing anything hurtful with it or profiting from it. Nonetheless, it is an offense to possess, distribute or cultivate marijuana in Texas. Depending on the quantity, possession of marijuana can be charged as a misdemeanor of felony in both state and federal court.

The prosecution may argue that you’re “in possession” of marijuana in Houston, TX, if you’re found smoking marijuana or if you knowingly “exercised control” over the marijuana. Therefore, the location of the marijuana is very important:

  • If the marijuana is found on your person, in your car, in or around your home, in a storage unit belonging to you, or in any other place that you have some authority over, the prosecution will argue that you were in possession of the marijuana since you had some control over the location.
  • Furthermore, if marijuana is found in your system during a drug test or you were caught driving under the influence of marijuana in Texas, the prosecution may try to use that to prove you’ve been in possession of marijuana since you presumably “exercise control” over your body.

Marijuana Possession Penalties in Texas

  • Two ounces or less include a fine up to $2,000, up to 180 days in jail or both
  • More than two ounces, but less than four ounces. Penalties include a fine of up to $4,000, up to one year in jail, or both.
  • Four ounces or more, up to and including five pounds. Penalties include a fine of up to $10,000, between 180 days and two years in prison, or both.
  • More than five pounds, up to and including 50 pounds. Penalties include a fine of up to $10,000, between two and ten years in prison, or both.
  • More than 50 pounds, up to and including 2,000 pounds. Penalties include a fine of up to $10,000, between two and 20 years in prison, or both.
  • More than 2,000 pounds. Penalties include a fine of up to $50,000, between five and 99 years in prison, or both.

Sale of Marijuana

Various states have different marijuana laws, and Texas is no different. Texas treats marijuana sales as a much more serious crime than possession, which is reflected in the penalties. The sale of any amount of marijuana can lead to prison time, even for small amounts.

Sale of Marijuana Penalties in Texas

  • 1/4 oz – 5 lbs: 6 months – 2 years, $10,000 fine
  • 5 lbs – 50 lbs: 2 – 20 years, $10,000 fine
  • 50 lbs – 1 ton: 5 – 99 years, $10,000 fine
  • 1 ton or more: Mandatory minimum of 10 – 99 years, with a $100,000 fine

These are for either the sale OR delivery, meaning it is irrelevant whether or not you are actually paid or just just giving it to someone. On top of that, if the delivery or sale is to a minor (in ANY amount), that is punishable by an additional 2 – 20 years in prison. Also, sale within 1,000 feet of a school or within 300 feet of a youth center, public pool or video arcade increases the penalty classification to the next highest level (which in some cases is a difference of many years).

The Houston Lawyer Charles Johnson understands the unique nature of Texas marijuana laws, and can provide a skilled defense. His unparalleled knowledge of state and federal drug laws gives him a unique ability to provide excellent legal services for you and your loved ones. If you are in need of criminal defense legal representation in the Houston area, contact Attorney Johnson anytime day or night at (713) 222-7577 to discuss your situation.

What Is Marijuana?

Cannabis sativa: There are two species of Cannabis. One species is Cannabis sativa, originally cultivated to make hemp. The stalks of the plant contain fibers that are woven to make rope, cloth, and paper. The other species is Cannabis indica, known for its psychoactive properties. Hashish is derived from Cannabis indica. In Africa, cannabis is know as “dagga,” in China as “ma,” and in India as “ganga” or “bhang”. Marijuana is the Mexican colloquial name for Cannabis sativa. Marijuana is a greenish-gray mixture of dried, shredded leaves, stems, seeds, and flowers of the hemp plant.

THC is the main psychoactive ingredient in marijuana. THC or delta-9-tetrahydrocannabinol is found in the plant’s resin. The amount of THC determines the potency of the marijuana. The resin is mostly concentrated in the flowers of the plant. Because of various cultivation techniques the amount of THC varies considerably in the flowers of individual plants.

Other Chemicals: Marijuana is a complex drug and is made up of 420 chemical components. Sixty-one of these chemicals are called cannabinoids and are unique to marijuana. Many scientific studies focus on the primary psychoactive chemical, THC but don’t know how these other cannabinoids affect the various organs, brain, and behavior.

Grades of Marijuana

  • Low-grade marijuana is made from leaves of both sexes of the plant.
  • Medium-grade marijuana is made of the flowering tops of female plants fertilized by male plants.
  • High-grade marijuana is made of the flowering tops of female plants raised in isolation to male plants. This marijuana is called sinsemilla because it does not produce a seed.
  • Hashish is produced when resin is collected from the Cannabis indica plant. The THC-rich resin is dried and then compressed into a variety of forms, such as balls, cakes, or cookie-like sheets. Pieces are then broken off, placed in pipes, and smoked or rolled into a cigarette along with tobacco or low-grade marijuana. The Middle East, North Africa, Pakistan, and Afghanistan are the main sources of hashish. THC content of hashish can vary from 8% to 20%.

What are the Physical Effects of Marijuana usage?

When marijuana is smoked, the affects are felt in minutes. The high usually peaks within a couple of hours. Marijuana affects users differently. The “high” can include a feeling of relaxation, improved sense perception, and emotional well-being. Music and visual images may seem more vibrant and intense. Time seems to slow down. Some people experience physical hunger and a range of emotion from laughter to introspection. Marijuana does not always produce pleasant feelings and may cause paranoia and hallucinations. Emergency room visits have increased because some people feel anxious or fearful after smoking high-grade marijuana. Whether the marijuana is smoked or eaten, THC can remain in the body for days. About half the THC is in the blood 20 hours after smoking. Although the initial high has disappeared, physical and mental functions may be affected for days.

The physical effects of marijuana depend on many individual factors such as personal health, the time of day that marijuana is used, the problems it causes, and how well a person is able to control his or her use. Research studies have shown that one of the primary concerns for those who use marijuana is cardiovascular damage. Marijuana causes damage to lungs that is similar to that caused by cigarettes. For people who inhale deeply or hold the smoke in their lungs longer, the risk can be greater. One study that compared cigarette and marijuana smokers found that marijuana smokers absorbed five times the amount of carbon monoxide, and had five times the tar in their lungs, as compared to cigarette smokers. For those who smoke both marijuana and cigarettes, the damage can be exponentially greater than that caused by marijuana or cigarettes alone.

Research shows that people who use marijuana more than one time during the day tend to have more social and physical problems than those who only use in the evenings. Those who use at multiple times may also be more likely to be smoking to avoid problems they feel unable to confront. A person who uses marijuana in addition to alcohol or other drugs can be at additional risk. The effects of some drugs become exponentially greater when taken together. In addition, the physical tolerance that one drug produces can sometimes affect another drug, and lead to dependence on multiple substances.

Is Marijuana Addictive?

While marijuana is not in the same addictive league as cocaine, heroin, and even alcohol, recent studies raise the possibility that THC affects the level of dopamine in the brain. Dopamine is a chemical in the brain that affects the pleasure circuits. Many addictive drugs cause the release of dopamine from the neurons. One report by the National Institute of Drug Abuse states that long-term marijuana use can lead to addiction for some people. This report concludes that along with craving, withdrawal symptoms can make it hard for long-term marijuana smokers to stop using the drug. People trying to quit report irritability, difficulty sleeping, and anxiety.

Drug Paraphernalia

Texas does not prosecute possession of drugs only. In fact, Texas will prosecute a person for possession of drug paraphernalia. Thus, it is a separate criminal charge classified as a Class C Misdemeanor and typically carries a penalty of $500. Normally, if one is charged with a possession of controlled substance, then a possession of drug paraphernalia will be charged against the person, as well.

Under federal law the term drug paraphernalia means “any equipment, product or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance.”

Drug paraphernalia is any legitimate equipment, product, or material that is modified for making, using, or concealing illegal drugs such as cocaine, heroin, marijuana, and methamphetamine. Drug paraphernalia generally falls into two categories:

User-specific products

User-specific products are marketed to drug users to assist them in taking or concealing illegal drugs. These products include certain pipes, smoking masks, bongs, cocaine freebase kits, marijuana grow kits, roach clips, and items such as hollowed out cosmetic cases or fake pagers used to conceal illegal drugs.

Dealer-specific products

Dealer-specific products are used by drug traffickers for preparing illegal drugs for distribution at the street level. Items such as scales, vials, and baggies fall into this category. Drug paraphernalia does not include any items traditionally used with tobacco, like pipes and rolling papers.

With the rise of the drug culture in the United States in the 1960s and 1970s, the country began to see the appearance of “head shops,” which were stores that sold a wide range of drug paraphernalia. While some of the paraphernalia was crude and home-made, much was being commercially manufactured to cater to a fast-growing market. Enterprising individuals even sold items openly in the street, until anti-paraphernalia laws in the 1980s eventually ended such blatant sales. Today, law enforcement faces another challenge. With the advent of the Internet, criminals have greatly expanded their illicit sales to a worldwide market for drug paraphernalia. For example, in a recent law enforcement effort, Operation Pipedreams, the 18 companies targeted accounted for more than a quarter of a billion dollars in retail drug paraphernalia sales annually. Typically, such illicit businesses operate retail stores as well as websites posing as retailers of legitimate tobacco accessories when in reality the products are intended for the illegal drug trade.

Identifying drug paraphernalia can be challenging because products often are marketed as though they were designed for legitimate purposes. Marijuana pipes and bongs, for example, frequently carry a misleading disclaimer indicating that they are intended to be used only with tobacco products. Recognizing drug paraphernalia often involves considering other factors such as the manner in which items are displayed for sale, descriptive materials or instructions accompanying the items, and the type of business selling the items.

Marijuana-Related Crimes

The Charles Johnson Law Firm is experienced in marijuana-related matters involving:

Contact the Best Houston Marijuana Possession Lawyer: The Charles Johnson Law Firm

Before someone can be convicted of marijuana possession in Houston, the state must prove that the accused actually had possession or took action to control the drug. Drug possession cases are complicated and depend the police’s adherence to strict guidelines concerning search and seizure of the drug.

As you could be facing fines, probation, drug classes, community service, and jail, it is crucial that you speak with an experienced Houston criminal attorney if you have been accused of this crime. Our team at the Charles Johnson Law Firm is well-equipped to handle any type of drug crime, including those involving possession of marijuana and/or drug paraphernalia. We understand that mistakes can happen and not everyone who has been accused of a crime is guilty. No matter how serious you may believe your case to be, contact The Houston Lawyer Charles Johnson directly by calling (713) 222-7577 anytime, day or night to discuss your case.

Arrested for Marijuana Possession or Sales? The Best Houston Lawyer
by Charles Johnson

 

Arrested for Marijuana Possession or Sales?  Choose the Right Houston Marijuana Lawyer For Your Case

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Houston Criminal Defense Attorney » Facing A Marijuana Case? This Is Your Most Efficient Plan Of Action.

Best Houston Drug Crimes Lawyer

Marijuana is regarded as the frequently abused unlawful drug in the United States. Marijuana is defined as a Schedule I substance under the Controlled Substances Act, classified as having a very high potential for abuse. Street names for marijuana include grass, pot, weed, Mary Jane, dope, indo, and hydro. Marijuana possession laws can certainly impose strict penalties under specific situations.

Possession of marijuana (sometimes often called simple possession) is among the most common drug criminal offenses in the United States. Considered a misdemeanor in a majority of states, marijuana possession penalties include fines, probation, and/or community service. Criminal possession of marijuana is the next level up in marijuana possession crimes and consists of possession of marijuana in a public place where it is either burning or in open public view in quantities greater than 2 oz, but less eight oz. Criminal possession of marijuana is also a misdemeanor but the repercussions increase as does the probability of jail time.

Technically, under federal drug law, the possession of marijuana, in any amount, is punishable by up to twelve months in jail and a minimum fine of $1,000 for a first conviction. Additional convictions and greater amounts bring about much stiffer penalties. Comparatively few marijuana possession court cases give rise to a felony level crime. Marijuana distribution, however, is invariably a felony under federal law. The sale of under 50 kilograms of marijuana (the smallest amount category) is punishable by five years in jail along with a $250,000 fine.

Marijuana is usually consumed in its organic state, the plant by itself utilized in various ways to produce a hallucinogenic effect on the user. Abuse and use of the cannabis plant as a means for getting high dates back to biblical times. The advent of laws criminalizing the use of the drug occurred sometime during the 20th century, with fights to legalize the use of marijuana debated ever since, its use among Native Americans in religious ceremonies and the utilization of the drug by cancer patients to relieve nausea being the most recurrent arguments used for its legalization, including a significant change in the marijuana possession laws.

Marijuana production’s principal supply is Mexico. Virtually all foreign-produced marijuana available within the United States is smuggled into the country from Mexico over the Mexico border by criminal groups. Mexican criminal groups control nearly all of wholesale marijuana distribution in the U.S., with Asian criminal groups which bring in the product over the Canadian border running a close second. The potency of Canadian marijuana being deemed finer quality than the Mexican version has resulted in an increase in Asian control of marijuana production and distribution. According to the National Drug Threat Assessment 2007, high potency Canada-based smuggling, distribution and production groups are increasing, giving rise to large-scale cannabis cultivation in large outdoor sites by both Mexican and Asian groups. In addition, in an effort to remain competitive in the higher potency marijuana distribution trade, Asian groups have started operating indoor grow sites in homes throughout the Pacific Northwest and California. The trend is to buy or lease a residence, modify the residence for the purpose of producing two to four crops of cannabis and abandoning the property after the crops are harvested.

Challenges to current marijuana production and distribution laws are ongoing, with quite a few states decriminalizing certain marijuana usage for specific medical ailments. Nonetheless , in United States v. Oakland Cannabis Club, the United States Supreme Court ruled that marijuana doesn’t have any medical value as determined by Congress. The court’s opinion stated that: “In the case of the Controlled Substances Act, the statue reflects a determination that marijuana has no medical benefits worthy of an exception outside the confines of government-approved research projects.”

In 2002, the United States Court of Appeals for the District of Columbia Circuit issued a ruling which upheld the Drug Enforcement Act’s determination that marijuana should remain a Schedule I controlled substance, the most restrictive schedule under the Controlled Substance Act. The marijuana debate and court battles will doubtless continue to occasionally appear in the United States Court system for many years.

Defenses for those guilty of breaking marijuana possession laws, and distribution of marijuana laws, normally revolve around the misuse of police power to search and seize assets . Illegal search and seizure, unlawful surveillance, and entrapment are the primary means of defending an arrest of marijuana possession or marijuana distribution.

Houston Marijuana Possession Defense Attorney: Hire the Most Dedicated Houston Lawyer Charles Johnson

Texas courts take marijuana possession criminal charges seriously, and so should you. Multiple convictions of marijuana possession can bring about felony charges. Hence, you want to battle every arrest you confront , not just right away , but to safeguard your legal rights in the future as well. Considering that possession criminal charges might very easily bring about growing and cultivation charges, you want a lawyer who can lower virtually all potential damages.

The Most Respected Houston Lawyer will defend your legal rights and fight for you against marijuana possession criminal charges.

The seriousness of the criminal charges you confront is dependent on the quantity of marijuana. Should you are caught with under two ounces, you will have to deal with minor misdemeanor charges, but the consequences go up steeply from there. Possession of two to four ounces is defined as a Class A Misdemeanor, and possession if over four ounces is considered a felony.

No one wants a drug charge on their permanent record, so our first step is to have the charges completely dismissed. If dismissal or an acquittal at trial isn’t really potential, we are going to seek to lessen the charges or reduce the penalties where possible.

For first-time offenders, the Most Effective Houston Attorney will explore diversionary programs as well. By seeking proper drug treatment, you may very well be able to avoid prison time. They will help you discover virtually all potential alternative sentencing techniques.

Juvenile Marijuana Possession

Marijuana has a unique smell, and so it is dangerous for minors to smoke it anywhere: in a car, at home, or in a dorm room. Authorities can certainly smell it and another infraction might bring about significant repercussions, including the loss of student loans. Houston Criminal Attorney Charles Johnson will handle juvenile crimes involving marijuana possession as well as criminal court cases.

If you or a family member have been arrested for marijuana possession, you want an expert attorney who is prepared to stand up for your protection under the law right right now. Contact Houston Attorney Johnson immediately for a free of charge initial consultation.

We can be reached 24 hours a day, 7 days a week.
Call us at 713-222-7577 or toll free at 877-308-0100.
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