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Houston Prostitution Defense Lawyer: The Charles Johnson Law Firm

Finest Houston Criminal Defense Lawyer for Prostitution
Generally, prostitution is the act of engaging in sexual activity by a person for a fee or a thing of economic value.  But the scope of the crime of prostitution has been widened to include all prostitution related offenses.  Thus a person is considered to commit an offense of prostitution if s/he engages in an act of prostitution willfully, solicits prostitution, or agrees to engage in an act of prostitution.

The parties to the crime usually include: a prostitute and a customer or a third person/pimp.  In addition to engaging in prostitution, soliciting prostitution, agreeing to engage in an act of prostitution, child prostitution, attempted prostitution are other prostitution related offenses.  A person may be guilty of an attempt to commit prostitution when s/he engages in conduct which tends to effect the commission of such crime.  In order to prove attempt, it is necessary to establish that a defendant had the intent to commit a specific offense and that a defendant engaged in some affirmative act to carry out that crime.

Houston Prostitution Defense Lawyer: Criminal Lawyer Charles Johnson

The elements constituting an offense of prostitution are that a person has engaged in a sexual activity and has done it willfully.  Sexual activity may be sexual intercourse or any lewd acts that may arouse sexual feelings.  Most jurisdictions make monetary consideration a requisite to constitute prostitution but some jurisdictions do not require it to be an element of the offense.  Consideration need not be in the form of money.

In order to constitute an offense of soliciting prostitution, a person has to solicit another person to engage in an act of prostitution and the act must have been done with specific intent to engage in an act of prostitution.  A prostitute or a customer may be charged for the offense of solicitation of prostitution depending on the circumstances or who began the interaction.  Specific intent of engaging in an act of prostitution is an essential element to constitute an offense.  An offer to pay money or other compensation like drugs in exchange for sexual acts may be considered evidence as to the intent of the parties.  Some courts have held that the individual being solicited must actually receive the solicitation in order to convict an accused for soliciting prostitution.

Agreeing to engage in an act of prostitution is another prostitution offense.  The elements of the offense are that, a person must have agreed to engage in an act of prostitution with another person.  It should have been with a specific intent to engage in an act of prostitution and any act in furtherance of prostitution must have had to be performed.  This offense is a continuation of solicitation of prostitution because the person who accepts solicitation will be agreeing to engage in prostitution.

A charge under the offense of agreeing to engage in an act of prostitution may be made even if the person who solicited did not have the same intent.  This situation may arise when a person who pretended to be a prostitute was an under cover agent.  In addition to the intent, an act in furtherance of prostitution must have been performed to constitute the offense of agreeing to engage in prostitution.

An act in furtherance of prostitution can be, driving to an agreed upon location where the sexual activity will take place, mere verbal command to undress, giving the payment agreed upon and the like.  The nature of the act is not important as long as it indicates existence of an agreement to engage in prostitution.

Houston Prostitution Defense Lawyer: The Charles Johnson Law Firm

Even though prostitution is (initially) a misdemeanor, a conviction can be devastating. A sex related criminal record can damage a person’s career and family life. If you are facing prostitution or solicitation of prostitution in Houston, Texas, you will find an aggressive, experienced, and knowledgeable criminal defense attorney in Attorney Charles Johnson.

Website: http://houstonlawyer.com

can be reached 24 hours a day, 7 days a week.
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Arrested for Prostitution? Houston Prostitution Defense Lawyer

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Arrested for Sexual Assault of a Child? Proven Attorney Charles Johnson Can Help You

Houston Domestic Violence Lawyer Charles Johnson

Statutory rape refers to sexual relations involving someone below the “age of consent.” People below the age of consent cannot legally consent to having sex. This means that sex with them, by definition, violates the law.

Statutory rape laws vary by state, with states setting the age of consent differently, as well as using different names to refer to this crime. Many states punish statutory rape under laws addressing sexual assault, rape, unlawful sexual intercourse or carnal knowledge of a child. There are very few federal laws dealing with statutory rape.

No Requirement of Force

Statutory rape differs from other types of rape, and from child molestation, in that the act would not be a crime if all participants were above the age of consent. Unlike “forcible rape,” statutory rape can involve underage participants who willingly engage in sexual relations. However, because those under the age of consent cannot give legal consent to sex, the act is a crime whether or not force is involved. If the act involves force or coercion, many states prosecute the offender under the separate statutes punishing child molestation or aggravated rape.

Age of Consent

Individuals cannot legally have sexual contact with an individual who is not of age. The legal age of consent may vary by state. For instance, the legal age of consent in Texas is 17. Some states have a legal age of consent as low as 14 while other states have a legal age of consent of 18.

An individual who has sexual contact with a person below the age of consent may face punishment. In general, sexual contact is considered any act intended to arouse another person. As such, an individual may be found guilty of statutory rape even if he or she did not have sexual intercourse with a minor.

Historically, statutory rape has been a “strict liability” offense, meaning that it does not matter whether what the perpetrator believed the victim was old enough to consent to sex. Some states now allow the defense that the perpetrator had reason to believe, and did believe, that the minor was above the age of consent. However, in many states this defense is not allowed, meaning that the act was a crime regardless of what the perpetrator believed the victims age to be. In states that do allow such a defense, it often cannot be used if the victim was particularly young, commonly under the age of 14.

Factors Affecting the Level of Offense Charges and Penalties

Laws punishing statutory rape often include a spectrum of offenses, ranging from misdemeanors to high level felonies. In general, two main factors affect the level of offense for an act of statutory rape: (1) the age of the victim; and (2) the age difference between victim and perpetrator. Other factors, including any prior sex offenses committed by the offender, whether drugs or alcohol were involved, and whether pregnancy resulted, can also affect the level of charge imposed.

Statutory rape is a felony offense, so an individual who is found guilty of the crime may face several years in prison. In Texas, for example, the crime is a second-degree felony, so an individual may be sentenced to up to 20 years in prison.

Punishment for statutory rape can include mandatory prison or jail sentences, probation, fines, and mandated treatment services. Many states require those convicted of statutory rape to register as sex offenders.

Exceptions to Statutory Rape Laws

Though statutory rape laws make it illegal for individuals to have sexual relationships with people below the age of consent, some exceptions do exist. Generally, these exceptions include:

  • The individuals are within a certain number of years of one another
  • The individuals dated before one was above the age of consent
  • The younger individual is within so many months of being at the age of consent

These rules may not apply in all circumstances, so individuals should contact a legal authority to learn more about their legal rights regarding relationships with minors.

Professionals Required to Report

Some states require certain classes of professionals to report knowledge or suspicion of statutory rape to authorities. Types of professionals required to report statutory rape often include teachers, medical professionals, public employees, and clergy, among others.

Houston Statutory Rape Defense Lawyer: The Charles Johnson Law Firm

Statutory rape is a state sex crime that can be punishable by incarceration, fine, probation, and/or registry as a sex offender. If you are facing Statutory Rape charges, speak with an experienced and aggressive attorney from the Charles Johnson Law Firm in Houston, Texas.

can be reached 24 hours a day, 7 days a week.
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Houston Child Pornography Defense Lawyer: The Charles Johnson Law Firm

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Federal and state laws make it a crime to produce, possess, distribute, or sell pornographic materials that exploit or portray a minor. Increasingly, child pornography laws are being utilized to punish use of computer technology and the Internet to obtain, share, and distribute pornographic material involving children, including images and films.

Under federal law (18 U.S.C. §2256), child pornography is defined as any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where

  • the production of the visual depiction involves the use of a minor engaging in sexually explicit conduct; or
  • the visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or
  • the visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.

Federal law (18 U.S.C. §1466A) also criminalizes knowingly producing, distributing, receiving, or possessing with intent to distribute, a visual depiction of any kind, including a drawing, cartoon, sculpture or painting, that

  • depicts a minor engaging in sexually explicit conduct and is obscene, or
  • depicts an image that is, or appears to be, of a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex and such depiction lacks serious literary, artistic, political, or scientific value.

Sexually explicit conduct is defined under federal law (18 U.S.C. §2256) as actual or simulated sexual intercourse (including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex), bestiality, masturbation, sadistic or masochistic abuse, or lascivious exhibition of the genitals or pubic area of any person.

Who Is a Minor?
For purposes of enforcing the federal law (18 U.S.C. §2256), “minor” is defined as a person under the age of 18.

Is Child Pornography a Crime?
Yes, it is a federal crime to knowingly possess, manufacture, distribute, or access with intent to view child pornography (18 U.S.C. §2252).  In addition, all 50 states and the District of Columbia have laws criminalizing the possession, manufacture, and distribution of child pornography.  As a result, a person who violates these laws may face federal and/or state charges.

Where Is Child Pornography Predominantly Found?
Child pornography exists in multiple formats including print media, videotape, film, CD-ROM, or DVD.  It is transmitted on various platforms within the Internet including newsgroups, Internet Relay Chat (chatrooms), Instant Message, File Transfer Protocol, e-mail, websites, and peer-to-peer technology.

What Motivates People Who Possess Child Pornography?
Limited research about the motivations of people who possess child pornography suggests that child pornography possessors are a diverse group, including people who are

  • sexually interested in prepubescent children or young adolescents, who use child pornography for sexual fantasy and gratification
  • sexually “indiscriminate,” meaning they are constantly looking for new and different sexual stimuli
  • sexually curious, downloading a few images to satisfy that curiosity
  • interested in profiting financially by selling images or setting up web sites requiring payment for access

Who Possesses Child Pornography?
It is difficult to describe a “typical” child pornography possessor because there is not just one type of person who commits this crime.

In a study of 1,713 people arrested for the possession of child pornography in a 1-year period, the possessors ran the gamut in terms of income, education level, marital status, and age.  Virtually all of those who were arrested were men, 91% were white, and most were unmarried at the time of their crime, either because they had never married (41%) or because they were separated, divorced, or widowed (21%).3

Forty percent (40%) of those arrested were “dual offenders,” who sexually victimized children and possessed child pornography, with both crimes discovered in the same investigation. An additional 15% were dual offenders who attempted to sexually victimize children by soliciting undercover investigators who posed online as minors.4

Who Produces Child Pornography?
Based on information provided by law enforcement to the National Center for Missing & Exploited Children’s Child Victim Identification Program, more than half of the child victims were abused by someone who had legitimate access to them such as parents, other relatives, neighborhood/family friends, babysitters, and coaches.

What is the Nature of These Images?
The content in these illegal images varies from exposure of genitalia to graphic sexual abuse, such as penetration by objects, anal penetration, and bestiality.

Of the child pornography victims identified by law enforcement, 42% appear to be pubescent, 52% appear to be prepubescent, and 6% appear to be infants or toddlers.

What Are the Effects of Child Pornography on the Child Victim?
It is important to realize that these images are crime scene photos – they are a permanent record of the abuse of a child. The lives of the children featured in these illegal images and videos are forever altered. Once these images are on the Internet, they are irretrievable and can continue to circulate forever. The child is revictimized as the images are viewed again and again.

Houston Child Pornography Defense Lawyer: The Charles Johnson Law Firm

Depending on the facts of your case and the evidence against you, we work to help you beat a false accusation or try to lessen the punishment. We understand your freedom is at stake and that a conviction of possession of child pornography may result in lifetime registration as a sex offender. To protect your rights and liberty, we conduct thorough investigations to prepare for trial or to minimize the consequences or sentence.

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

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Hire the Best Criminal Lawyer for Domestic Violence Charges in Houston, TX

Domestic Violence Criminal Defense LawyerIf you have been accused of domestic violence, you may be facing an uphill battle. Texas has strengthened their laws on domestic violence, making arrest and prosecution mandatory regardless of what the alleged victim wishes to do. No matter how your state or county handles allegations of domestic violence, it is important to mount a vigorous defense. Speak with an attorney from the Charles Johnson Law Firm in Houston, Texas to discuss your case and develop a strategy for fighting the charges.

Domestic Violence Defined

Domestic violence is most often an assault or battery against a spouse, intimate partner or cohabitant, but it also can occur against a child, elderly relative or other member of the household or family. Domestic assault is both physical violence and emotional abuse, including threats, intimidation and control.

Domestic Assault Arrest

Although the procedures and policies vary by jurisdiction, domestic assault arrests and charges follow a general pattern. When the police are called to a residence, by an alleged victim or someone else, they will assess the situation and determine whether there is probable cause to arrest the person accused of domestic assault.

At the arraignment, the defendant will learn about the specific charges against him or her, and the defendant’s lawyer will consult with the defendant about what kind of plea to enter. The judge will decide whether the defendant should be granted bail and, if so, how much the bail will be.

In many cases, the defendant will be ordered to have no contact — direct or indirect — with the alleged victim. This means that the defendant cannot go home, if that is where the victim lives, and the defendant must not call or communicate with the victim.

In some jurisdictions, even if the victim decides not to go forward with the charges, the case will continue. Numerous reasons, based on both history and public policy, are behind this practice.

A conviction of felony or misdemeanor domestic assault can result in severe penalties. The defendant may serve time in prison or jail; pay steep fines; undergo anger management or other counseling; and suffer personal consequences like divorce, loss of child custody or an unfavorable property settlement during divorce proceedings.

Domestic assault is taken seriously by law enforcement personnel and prosecutors. It is vital to have a competent, experienced defense attorney on your side.

Houston Domestic Violence Defense Lawyer: The Charles Johnson Law Firm

As the justice system has come to recognize the social and legal effects of domestic violence, the penalties for conviction of domestic assault have become steeper. This is why it is so important to consult a lawyer who is familiar with your local court system. Seek the help of an attorney from the Charles Johnson Law Firm in Houston, Texas to learn more about what you can do to assert your rights.

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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Improper Relationship Between Educator and Student

Best Houston Sex Crimes LawyerAt least once a year a case involving allegations of a sexual relationship between a teacher and student comes blaring across the metro section of the paper. Although the relationships are typically consensual, the teacher is prosecuted under a specific provision of the penal code prohibiting an Improper Relationship Between Educator & Student. It is important to note that the offense is neither limited to teachers nor limited to sexual contact; risqué text messages are enough:

  1. An employee of a public or private primary or secondary school commits an offense if:
  2. the employee engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a person who is enrolled in a public or private primary or secondary school at which the employee works and who is not the employee’s spouse, or
  3. with the intent to arouse or gratify the sexual desire of any person, the person, over the Internet, by electronic mail or text message or other electronic message service or system, or through a commercial online service, intentionally:
  • communicates in a sexually explicit manner with a minor; or
  • distributes sexually explicit material to a minor, or
  • the person, over the Internet, by electronic mail or text message or other electronic message service or system, or through a commercial online service, knowingly solicits a minor to meet another person, including the actor, with the intent that the minor will engage in sexual contact, sexual intercourse, or deviate sexual intercourse with the actor or another person.

All three different acts could be prosecuted under separate statutes. For cases involving minors under 17, the educator could be prosecuted under the Aggravated Sexual Assault statute, the Indecency with a Child by Contact statute, or the Indecency with a Child by Exposure statute. For situations involving sexually explicit communications with a minor, the educator could also be prosecuted under the separate computer crime of online solicitation of a minor.

The only difference between this statute and the laws prohibiting otherwise consensual sexual contact is age. While the sexual assault statutes prohibit sexual contact for minors under 17, the student-teacher statute makes it a crime for consensual sexual contact involving students who are 17 years of age and older. Under the strict mandates of the statute, a person who is legally an adult cannot have sexual contact with their teacher or school administrator so long as he or she is enrolled in the same school. For those adults in night school with a crush on their teacher: you now have a reason they’re ignoring your advances.

Houston Criminal Defense Lawyer: The Charles Johnson Law Firm

Depending on the facts of your case and the evidence against you, we work to help you beat a false accusation or try to lessen the punishment. We understand your freedom is at stake and that a conviction of Improper Relationship Between Educator and Student may result in incarceration and the loss of your Teaching Certificate. To protect your rights and liberty, we conduct thorough investigations to prepare for trial or to minimize the consequences or sentence.

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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Juvenile Court: What to Expect

Finest Houston Criminal Defense Lawyer for Juvenile OffensesIf your child is arrested or referred to the juvenile court by some other means-perhaps even by you-you will undoubtedly face a flood of emotions and have a multitude of questions. An attorney experienced in juvenile law can answer your questions and walk you through the process, while helping to ensure the best possible outcome for you and your child. Although the juvenile court process can vary somewhat from state to state, or even county to county, the following summary outlines the basic steps that you can expect if your child should become involved with the juvenile justice system.

  • A juvenile court matter comes to the court’s attention when the police apprehend a minor for violating a statute or a school official, parent, or guardian refers a problem with a juvenile to the court.
  • The court intake officer then evaluates the case to determine whether further action is necessary, whether the child should be referred to a social service agency, or whether the case should be formally heard in juvenile court.
  • If the situation is serious enough, the juvenile may be detained in a juvenile correction facility pending resolution of the matter or he or she may be sent to an alternative placement facility such as a shelter, group home, or foster home.
  • If the intake officer decides that a formal hearing in juvenile court is not necessary, arrangements may be made for assistance for the child from school counselors, mental health services, or other youth service agencies.
  • If the intake officer decides that the case should be heard in juvenile court, a petition is filed with the court setting forth the statutes that the child is alleged to have violated.
  • In cases of serious offenses such as rape and murder, the matter may be referred to the district or county attorney’s office, after which the juvenile may be charged as an adult, tried in the criminal courts, and even sentenced to an adult correctional facility.
  • If the matter proceeds to juvenile court and the child admits to the allegations in the petition, a treatment program is ordered.
  • If the child denies the allegations in the petition, a hearing like an adult criminal trial is held. The child has the right to be represented by counsel at this hearing. Rather than trying the case to a jury, however, a judge hears the matter and decides whether the juvenile has committed the acts alleged in the petition.
  • If the allegations have not been proven to the court’s satisfaction, the judge will dismiss the case.
  • If the judge decides that the allegations have been proven, he or she may rule that the child is a status offender or a delinquent.
  • A second juvenile court hearing is then held to determine the disposition of the matter. If the juvenile is not considered to be dangerous to others, he or she may be put on probation. While on probation, the juvenile must follow the rules established by the court and report regularly to his or her probation officer. Serious offenders, however, may be sent to a juvenile correction facility.
  • Other treatment options include community treatment, like making restitution to the victim or performing community service; residential treatment, in which a juvenile is sent to a group home or work camp, with a focus on rehabilitation; and nonresidential community treatment, in which the juvenile continues to live at home but is provided with services from mental health clinics and other social service agencies.

Houston Juvenile Offenders Defense Lawyer: The Charles Johnson Law Firm

Don’t let your teenager’s poor judgment or drug use ruin their future. At the Charles Johnson Law Firm, we are prepared to protect the rights of teenagers in juvenile court, and where a plea bargain, juvenile probation, or other alternative form of sentencing is in our client’s best interests, we will work hard to get the best deal possible. When possible, we work to get juvenile violations removed through expunction, and we committed to getting our clients the treatment for drug and alcohol addiction they need.

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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Contact Attorney Charles Johnson Directly at (713) 222-7577

Charles R. Johnson, Jr., is a Houston Criminal Lawyer based in Downtown Houston, Texas. The Charles Johnson Law Firm specializes in Criminal Defense, with an emphasis on:

In addition, we offer Post-Conviction Relief (The Charles Johnson Law Firm has on staff Texas’ most prolific appellate and Habeas Corpus attorney), Parole (Houston Lawyer Charles Johnson has personally developed a unique, detailed and successful parole package program) and Probation (Motions to Revoke/Adjudicate, Terminations) services for any criminal matter.

The Houston Criminal Defense Attorneys at the Charles Johnson Law Firm understand that your legal matter is the most important issue in your life, and while most other Houston Law Firms are only available on weekdays during normal business hours, when they are actually in the office, we KNOW that you may need to reach us outside of those hours.

When you, or a loved one are facing criminal charges or a criminal investigation, you need someone you can rely on to help you. Here at The Charles Johnson Law Firm in Houston, TX we recognize that above all else, our clients are human beings with lives, families and futures that are in jeopardy. We invite you to come to our downtown Houston offices, meet our staff and become comfortable with the team with which you are entrusting your freedom. We will treat you and your legal matter with respect and go to war for you to protect your life, family and future.

When you hire the Charles Johnson Criminal Law Firm you are provided Mr. Johnson’s personal cellular telephone number to connect you directly to Mr. Johnson 24 hours a day, 7 days a week.

When The Charles Johnson Law Firm accepts your case, you get Houston Criminal Lawyer Charles Johnson, not a partner, associate or other staff member, and we will not turn your case over to another law firm or attorney. Charles Johnson is the only Houston Lawyer you need to know, and personally represents every client on every case we accept. Houston Criminal Lawyer Charles Johnson will not shuffle you from lawyer-to-lawyer or law firm-to- law firm. So, when you hire The Houston Lawyer, you have our commitment at being the best Houston Criminal Lawyer available, and the guarantee that when you hire Charles Johnson, you get Charles Johnson.

Many people in need call Attorney Johnson, so you will be taken through an information-gathering triage of sorts by one of our staff members. If you need to speak with Charles Johnson immediately, the staff member on duty can connect you with Mr. Johnson immediately – 24 hours a day, 7 days a week.

We represent clients in all State and Federal Criminal Courts. Mr. Johnson travels as needed and on a rotating schedule, to serve clients in Austin, San Antonio, Dallas, El Paso, Corpus Christi, and The Valley in Texas. These are the major metropolitan areas of Texas and, except for our Houston base, Mr. Johnson is called to serve these areas most and on a regular basis. Nevertheless, Houston Lawyer Charles Johnson services every county, city and town from Amarillo to Brownsville, and El Paso to Orange. The Charles Johnson Law Firm offers Texansexcellence, professionalism and intense legal representation in all cases.

You may contact Houston Lawyer Charles R. Johnson Jr., at 713-222-7577, 24 hours a day or toll free, also 24 hours a day, at (877) 308-0100. When you call The Charles Johnson Law Firm you will speak with a live, human staff member who will help you and is truly interested in your needs. If you need help from the Best Houston Criminal Lawyer, call us.

Mr. Johnson is a graduate of The University of Texas at Austin, and the University of Houston Law Center. After graduating from the University of Texas, where he was an All-Southwest Conference and Pre-Season All-American Football and Track star, Mr. Johnson played football for the NFL’s Denver Broncos and New York Giants. At the time of Mr. Johnson’s retirement from the NFL, he was under contract with the former Houston Oilers, now the Tennessee Titans. After the NFL, Mr. Johnson settled down in Houston to start his legal practice, The Charles Johnson Law Firm, and is now known as The Houston Lawyer.

A look into the life and accomplishments of Charles Johnson reveals that he is a unique and special individual and reaches the pinnacle of success in all his endeavors. Rest assured that The Houston Lawyer’s legal team will carry that same warrior spirit and commitment to victory to your defense. We WILL help you reach a resolution to the legal problem that has arisen in your life.

Our Houston Criminal Defense philosophy involves intense preparation, investigation that is on par with, and in many cases, better than the authorities and an aggressive posture when advocating our client’s position.

The Charles Johnson Law Firm – The Houston Lawyer – Solving Problems, Every Day.

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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Have You Been Falsely Accused of Domestic Violence?

Hire the Best Houston Domestic Violence Attorney

Have you been falsely accused or wrongly prosecuted for domestic violence?  False allegations and wrongful prosecutions harm the innocent, squander resources, and shortchange true victims.

If you or someone you care about has been arrested or is facing criminal charges related to Domestic Violence (or “Assault Family Violence”), there may be a lot at stake. You may only have a short period of time to learn your rights and what steps could help you protect them. The Charles Johnson Law Firm can help you understand the charges that you are facing, and help you protect your rights with the police and in court.

Criminal charges don’t always mean a guaranteed conviction. A conviction can bring penalties including court fines, probation or jail time – plus a permanent mark on your record – but you may be able to avoid these by fighting for your freedom. Domestic assault is taken seriously by law enforcement personnel and prosecutors. It is vital to have a competent, experienced defense attorney on your side.

Houston Lawyer Charles Johnson can be reached 24 hours a day, 7 days a week by calling 713-222-7577 or toll free 877-308-0100.  As the justice system has come to recognize the social and legal effects of domestic violence, the penalties for conviction of domestic assault have become steeper. This is why it is so important to consult a lawyer who is familiar with your local court system. Seek the help of an attorney from the Charles Johnson Law Firm in Houston, Texas to learn more about what you can do to assert your rights.

Why Should Persons be Concerned about False Allegations of Domestic Violence?

Approximately two million Americans experience intimate partner violence each year. These persons need counseling services, legal assistance, shelter resources, and protection by the criminal justice system.

Unfortunately, each year 2-3 million restraining orders are issued in the United States, of which as many as 80% are unnecessary or false. As Elaine Epstein, former president of the Massachusetts Bar Association, revealed, “Everyone knows that restraining orders and orders to vacate are granted to virtually all who apply…In many cases, allegations of abuse are now used for tactical advantage. “

False accusers not only divert resources away from the true victims of domestic violence, they render harm to the targets of their legal abuse. False allegations stain a person’s reputation, deplete that person’s assets, and can ruin a person’s career. They may deprive a child of parental love and attention which every child needs.

What are the Warning Signs of an Impending False Allegation?

A false allegation can be a life-altering experience. But falsely accused persons often don’t see it coming.

These are some of the warning signs to look for:

  • Your partner has gotten a restraining before and knows how to work the system.
  • You and your partner are thinking about separating, and you are worried about an impending child custody dispute.
  • Your partner is moody, unpredictable, attention-seeking, demanding, manipulative, or fails to assume responsibility for family problems.
  • Your partner has been diagnosed with depression, borderline personality disorder, or other a psychological problem.
  • Your partner has made a joke about getting a restraining order.
  • You just discovered your partner is having an affair (do not confront your partner about it!).
  • Your partner has been arrested for domestic violence, and is now considering ways to retaliate.
  • Your partner has told you they are going to request a restraining order.
  • Your partner has friends or family members who have done so.
  • Be on the look-out for warning signs that your partner may file a false allegation of domestic violence against you, so you can take steps now to protect yourself.

What Should I Do if I Think my Partner is Going to Make a False Accusation?

A restraining order is the most commonly used legal tactic to make a false allegation of domestic violence. If you have reason to believe your partner is about to make a false accusation, it is critical that you act quickly to protect your children, your reputation, your assets, and even your career:

  • Contact Attorney Charles Johnson immediately at 713-222-7577 or toll free 877-308-0100 to protect your rights.
  • Assemble your valuable papers (birth certificate, car title, legal documents, etc.) so they can’t be stolen by your partner. Place them in a newly-opened safe deposit box or other safe location.
  • Open a checking account just in your name so your partner can’t take your money.
  • Tell a family member or trusted friend, in case you need to find a place to stay on short notice.
  • Change the passwords on your computer, cell phone, and personal bank accounts. Remove external hard drives and other electronic storage devices. Do not leave your cell phone lying around.
  • If you have any firearms or other weapons, move them to a secure location away from your home. Do not engage in firearms training or target practice until the situation is resolved.
  • Do not send or receive personal emails from your home computer. Use a computer at your office or at the library.
  • Avoid any actions that could later be misconstrued in a court of law:
    • Do not engage in put-downs or insults, especially in writing or by voice mail or an answering machine.
    • Do not talk or joke about violence or suicide.
    • Do not engage in kinky sex or joke about rape.
    • Do not slap you partner, even if he or she asks you to.
    • Do not play rough-house with your children.
    • Do not smash your fist into the wall.
    • Do not throw the TV remote control.
    • Do not admit to doing something wrong or apologize for prior actions, either verbally or in writing.
  • If your partner has engaged in abusive behavior, promptly obtain a restraining order in advance of your partner taking such action. Once you get the restraining order, change all locks to keep your partner out.
  • If you need to see your ex-partner (for example, to exchange your children), do so in a public location, preferably a place with video monitoring.
  • If you need to drop off something at your ex-partner’s residence, go with a witness.
  • Be sure to document any conversation or incident that could later become a focus of attention in a courtroom.

Contact Houston Domestic Violence Lawyer Charles Johnson

It’s important to speak with an attorney as soon as you’ve been arrested. The sooner you contact an attorney, the sooner work can be done to prevent your charges from escalating into a conviction.

Harris County Domestic Violence Defense Attorney Charles Johnson knows how frustrating and hopeless things may seem right now, but urges you not to give up hope. There are many viable defense strategies for fighting domestic violence charges, and many things that can be done to ensure your charges don’t spiral out of control. You can depend on Attorney Johnson to thoroughly investigate your charges, and trust that he’ll make it known to the judge if he finds anything that may indicate the accusations were fabricated. The Charles Johnson Law Firm is here for you, and will do whatever can be done to make sure this ordeal results in the best possible outcome!

If you have been accused of domestic violence, don’t try to fight your charges alone.

Contact Houston Domestic Violence Defense Lawyer Charles Johnson for experienced and dependable representation. He can be reached directly around the clock, 7 days/week at (713) 222-7577.

Related News Stories – Domestic Violence Arrests in Houston, Texas

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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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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