Houston Criminal Defense Lawyer Dallas, San Antonio, Houston and Austin Offices of the Charles Johnson Law Firm Houston Criminal Defense Lawyer
Charles Johnson Law Firm
Houston Criminal Defense Lawyer Houston Criminal Defense Lawyer Houston Criminal Defense Lawyer Charles Johnson Law Firm Home See Our Case Results About Us Resources Contact Us Houston Criminal Lawyer Blog
Houston Criminal Defense Lawyer
 
Rotating1
Houston Criminal Defense Lawyer
Call now
Houston Criminal Defense Lawyer
 

Houston Lawyer Blog


Tag Archive for individual

Houston Domestic Violence Lawyer: Coping With Domestic Violence?

Top Houston Criminal Defense Lawyer

Each year thousands of domestic violence cases are filed. While most of the cases have merit, there are many instances where defendants are falsely accused. Domestic Violence is an issue that affects every town, city, country and nation. Domestic Violence covers a broad spectrum of abuse between couples, spouses, family members or other people who live together. Family Violence allegations are quite severe. In the event you are found guilty, you could face prison time and various other criminal penalties. A conviction will not only destroy your reputation, but your future as well. You could be refused future employment, housing, academic loans and worse, access to your home and children. At the Charles Johnson Law Firm, we see our clients falsely charged with Domestic Violence all the time. Whether you are innocent or guilty, Houston Domestic Violence Lawyer Charles Johnson will battle aggressively on your behalf in order to help protect your rights and your future. Get in touch with us Around The Clock, 7 Days /week for a no cost consultation.

All too frequently the news bombards us with news about a high-profile Domestic Violence case, where a man or woman is suspected of murdering their husband or wife, with or without a prior history of domestic abuse.

Violence. How can a individual turn from loving and living with a person to beating them up or murdering them? What kind of an individual resorts to Domestic Violence against their spouse or domestic intimate partner? What kind of individual thinks it is okay to continually humiliate or talk down to their life intimate partner? What kind of an individual has sex with their partner without the need of the person’s consent and desire to participate?
A common pattern of domestic abuse is that the perpetrator alternates between violent, abusive behavior and apologetic behavior with apparently heartfelt promises to change. The abuser could possibly be very pleasant the majority of of the time. Therein lies the perpetual appeal of the abusing partner and why many individuals can’t seem to leave the abusive relationship.

Domestic abuse is most often among the following:

  • child abuse
  • abuse of a spouse or domestic intimate partner
  • elder abuse

In this article, we explore domestic abuse between spouses and intimate partners: the types of domestic abuse, signs and symptoms, causes, and consequences. Domestic Violence and abuse are popular. The initial step in ending the misery is recognition that the situation is abusive.

How is domestic abuse between intimate partners defined?

Domestic abuse between spouses or intimate partners is when one individual in a marital or intimate relationship tries to control the other person. The perpetrator uses fear and intimidation and may very well threaten to use or could possibly actually use physical violence. Domestic abuse that includes physical violence is called Domestic Violence.

The victim of domestic abuse or Domestic Violence may be a male or a female. Domestic abuse occurs in traditional heterosexual marriages, as well as in same-sex partnerships. The abuse may occur during a relationship, while the couple is breaking up, or after the relationship has ended.

Domestic abuse often escalates from threats and verbal abuse to physical violence. Family Violence may even end up in murder.

The key elements of domestic abuse are:

  • intimidation
  • humiliating the other individual
  • physical injury

Domestic abuse is not really a result of losing control; domestic abuse is intentionally trying to control another individual. The abuser is purposefully using verbal, nonverbal, or physical means to gain control over the other individual.
In many cultures, control of women by men is accepted as the norm. This article speaks from the orientation that control of intimate partners is domestic abuse within a culture where such control isn’t the norm. Today we see many cultures moving from the subordination of women to increased equality of women within relationships.

What are the kinds of domestic abuse?

The types of domestic abuse are:

  • physical abuse (domestic violence)
  • verbal or nonverbal abuse (psychological abuse, mental abuse, emotional abuse)
  • sexual abuse
  • stalking or cyberstalking
  • economic abuse or financial abuse
  • spiritual abuse

The divisions between these types of domestic abuse are somewhat fluid, yet there is a strong differentiation between the various forms of physical abuse and the various types of verbal or nonverbal abuse.

What is physical abuse of a spouse or intimate partner?

Physical abuse is the use of physical force against another person in a way that ends up injuring the individual, or puts the person at risk of being injured. Physical abuse ranges from physical restraint to murder. When a person talks of Domestic Violence, they are quite often referring to physical abuse of a spouse or intimate partner.

Physical assault or physical battering is a crime, whether it occurs inside a family or outside of the family. The authorities are empowered to protect you from physical attack.

Physical abuse involves:

  • pushing, throwing, kicking
  • slapping, grabbing, hitting, punching, beating, tripping, battering, bruising, choking, shaking
  • pinching, biting
  • holding, restraining, confinement
  • breaking bones
  • assault with a firearm including a knife or gun
  • burning
  • murder

What is emotional abuse or verbal abuse of a spouse or intimate partner?

Mental, psychological, or emotional abuse may be verbal or nonverbal. Verbal or nonverbal abuse of a spouse or intimate partner consists of more subtle actions or behaviors than physical abuse. While physical abuse might seem worse, the scars of verbal and emotional abuse are deep. Studies show that verbal or nonverbal abuse might be much more emotionally detrimental than physical abuse.
Verbal or nonverbal abuse of a spouse or intimate partner may include:

  • threatening or intimidating to obtain compliance
  • destruction of the victim’s personal property and assets and possessions, or threats to accomplish this
  • violence to an object (such as a wall or piece of furniture) or pet, in the presence of the intended victim, as a way of instilling fear of additional violence
  • yelling or screaming
  • name-calling
  • constant harassment
  • embarrassing, making fun of, or mocking the victim, either on your own within the household, in public, or in front of family or friends
  • criticizing or diminishing the victim’s accomplishments or goals
  • not trusting the victim’s decision-making
  • telling the victim that they are worthless on their own, without the abuser
  • excessive possessiveness, isolation from friends and family
  • excessive checking-up on the victim to make certain they are at home or where they said they would be
  • saying hurtful things while under the influence of drugs or alcohol, and using the substance as an excuse to say the hurtful things
  • blaming the victim for how the abuser acts or feels
  • making the victim remain on the premises subsequent to a fight, or leaving them somewhere else subsequent to a fight, just to “teach them a lesson”
  • making the victim feel that there isn’t any way out of the relationship

What is sexual abuse or sexual exploitation of a spouse or intimate partner?

Sexual abuse involves:

  • sexual assault: forcing someone to participate in unwanted, unsafe, or degrading sexual activity
  • sexual harassment: ridiculing another individual to try to limit their sexuality or reproductive choices
  • sexual exploitation (most notably forcing someone to look at pornography, or forcing someone to participate in pornographic film-making)

Sexual abuse quite often is linked to physical abuse; they may occur together, or the sexual abuse could very well occur following a bout of physical abuse.

What is stalking?

Stalking is harassment of or threatening another person, especially in a way that haunts the person physically or emotionally in a repetitive and devious manner. Stalking of an intimate partner can take place during the relationship, with intense monitoring of the partner’s activities. Or stalking can take place after a partner or spouse has left the relationship. The stalker may possibly be trying to get their partner back, or some may wish to harm their partner as punishment for their departure. Irrespective of the fine details, the victim fears for their safety.

Stalking can take place at or near the victim’s home, near or in their workplace, on the way to the store or another destination, or on the Internet (cyberstalking). Stalking can be on the phone, in person, or on the web. Stalkers may possibly never show their face, or they can be everywhere, in person.

Stalkers employ a number of threatening techniques:

  • repeated phone calls, sometimes with hang-ups
  • following, tracking (possibly even with a global positioning device)
  • finding the person through public records, online searching, or paid investigators
  • watching with hidden cameras
  • suddenly showing up where the victim is, at home, school, or work
  • sending emails; communicating in chat rooms or with instant messaging (cyberstalking: see below)
  • sending unwanted packages, cards, gifts, or letters
  • monitoring the victim’s phone calls or computer-use
  • contacting the victim’s pals, family, co-workers, or neighbors to find out about the victim
  • going through the victim’s garbage
  • threatening to injure the victim or their family, buddies, or pets
  • damaging the victim’s home, car, or various other property

Stalking is unpredictable and should always be regarded as dangerous. If someone is

  • tracking you,
  • contacting you when you do not wish to have speak to,
  • attempting to control you, or
  • frightening you,

then seek assistance as soon as possible.

What is cyberstalking?

Cyberstalking is the use of telecommunication technologies most notably the Internet or email to stalk another individual. Cyberstalking may be an additional form of stalking, or it may very well be the only method the abuser employs. Cyberstalking is deliberate, persistent, and personal.

Spamming with unsolicited email is different from cyberstalking. Spam doesn’t necessarily focus on the individual, along with cyberstalking. The cyberstalker methodically finds and contacts the victim. Much like spam of a sexual nature, a cyberstalker’s message may be disturbing and inappropriate. Also like spam, you can never stop the contact with a request. In fact, the more you protest or respond, the more rewarded the cyberstalker feels. The very best response to cyberstalking is not to respond to the contact.

Cyberstalking falls in a grey area of the law. Enforcement of most federal and state stalking laws requires that the victim be directly threatened with an act of violence. Very few law enforcement agencies can act if the threat is only implied.
Regardless of whether or not you can get stalking laws enforced against cyberstalking, you must treat cyberstalking seriously and protect yourself. Cyberstalking sometimes advances to actual stalking and to physical violence.

How likely is it that stalking will turn into violence?

Stalking can end in violence whether or not the stalker threatens violence. And stalking can turn into violence even if the stalker does not have any history of violence.
Women stalkers are just as likely to become violent as are male stalkers.
Those around the stalking victim are also in danger of being injured. For example, a parent, spouse, or bodyguard who makes the stalking victim unattainable could possibly be hurt or killed as the stalker pursues the stalking victim.

What is economic or financial abuse of a spouse or domestic partner?

Economic or financial abuse involves:

  • withholding economic resources most notably cash or credit cards
  • stealing from or defrauding a partner of cash or assets
  • exploiting the intimate partner’s resources for personal gain
  • withholding physical resources most notably food, clothes, necessary medications, or shelter from a partner
  • preventing the spouse or intimate partner from working or choosing an occupation

What is spiritual abuse of a spouse or intimate partner?

Spiritual abuse involves:

  • using the spouse’s or intimate partner’s religious or spiritual beliefs to manipulate them
  • preventing the partner from practicing their religious or spiritual beliefs
  • ridiculing the other person’s religious or spiritual beliefs
  • forcing the children to be reared in a faith that the partner has not agreed to

How do I realize if I am in an abusive relationship? What are the signs and symptoms of an abusive relationship?

The more of the following questions that you answer Yes to, the more likely you are in an abusive relationship. Examine your answers and seek assistance should you find that you respond positively to a large number of the questions.
Your inner feelings and dialogue: Fear, self-loathing, numbness, desperation

  • Are you fearful of your partner a large percentage of the time?
  • Do you avoid certain topics or spend a lot of time figuring out how to talk about certain topics so that you do not arouse your partner’s negative reaction or anger?
  • Do you ever feel that you can’t do anything right for your partner?
  • Do you ever feel so badly about yourself that you think you deserve to be physically hurt?
  • Have you lost the love and respect that you once had for your partner?
  • Do you in some instances wonder if you are the one who is crazy, that maybe you are overreacting to your partner’s behaviors?
  • Do you in some instances fantasize about ways to kill your partner to get them out of your life?
  • Are you afraid that your partner will likely try to kill you?
  • Are you afraid that your partner will try to take your children away from you?
  • Do you feel that there is nowhere to turn for assistance?
  • Are you feeling emotionally numb?
  • Were you abused as a child, or did you grow up with Domestic Violence in the household? Does domestic violence seem normal to you?

Your partner’s lack of control over their own behavior

  • Does your partner have low self-esteem? Do they appear to feel powerless, ineffective, or inadequate within the world, although they are outwardly successful?
  • Does your partner externalize the causes of their own behavior? Do they blame their violence on stress, alcohol, or a “bad day”?
  • Is your partner unpredictable?
  • Is your partner a pleasant individual between bouts of violence?

Your partner’s violent or threatening behavior

  • Does your partner have a bad temper?
  • Has your partner ever threatened to injure you or kill you?
  • Has your partner ever physically injure you?
  • Has your partner threatened to take your children away from you, especially if you try to leave the relationship?
  • Has your partner ever threatened to commit suicide, especially as a way of keeping you from leaving?
  • Has your partner ever forced you to have sex when you didn’t want to?
  • Has your partner threatened you at work, either in individual or on the phone?
  • Is your partner cruel to animals?
  • Does your partner destroy your belongings or household objects?

Your partner’s controlling behavior

  • Does your partner try to keep you from seeing your buddies or family?
  • Are you embarrassed to invite close friends or family over to your house mainly because of your partner’s behavior?
  • Has your partner limited your access to money, the telephone, or the car?
  • Does your partner try to stop you from going where you need to go outside of the house, or from doing what you want to do?
  • Is your partner jealous and possessive, asking where you are going and where you have been, as if checking up on you? Do they accuse you of having an affair?

Your partner’s diminishment of you

  • Does your partner verbally abuse you?
  • Does your partner humiliate or criticize you in front of others?
  • Does your partner quite often ignore you or put down your opinions or contributions?
  • Does your partner always insist that they are right, even if they are obviously wrong?
  • Does your partner blame you for their own violent behavior, saying that your behavior or attitudes cause them to be violent?
  • Is your partner often outwardly angry with you?
  • Does your partner objectify and disrespect those of your gender? Does your partner see you as property or a sex object, rather than as a person?

In my workplace, what are the warning signs that an individual is a victim of Family Violence?

Domestic Violence often plays out in the workplace. For example, a husband, wife, girlfriend, or boyfriend might make threatening phone calls to their intimate partner or ex-partner. Or the worker could very well show injuries from physical abuse at home.

In the event you witness a cluster of the following warning signs within the workplace, you can reasonably suspect domestic abuse:

  • Bruises together with other signs of impact on the skin, with the excuse of “accidents”
  • Depression, crying
  • Frequent and sudden absences
  • Frequent lateness
  • Frequent, harassing phone calls to the person while they are at work
  • Fear of the partner, references to the partner’s anger
  • Decreased productivity and attentiveness
  • Isolation from pals and family
  • Insufficient resources to live (cash, credit cards, car)

If you do recognize signs of domestic abuse in a co-worker, talk to your Human Resources department. The Human Resources staff will be able to assist the victim without having your additional involvement.

Who abuses their spouse or intimate partner?

Domestic abuse knows no age or ethnic boundaries.
Domestic abuse can occur during a relationship or after a relationship has ended.
The majority of psychological, medical, and legal specialists agree that the vast majority of physical abusers are men. Nonetheless , women can also be the perpetrators of Domestic Violence.
Virtually all stalkers are also men stalking women. Nevertheless stalkers can also be women stalking men, men stalking men, or women stalking women.

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 an expert lawyer who is familiar with your local court system. Seek the counsel of a highly qualified Houston Domestic Violence Lawyer from the Charles Johnson Law Firm in Houston, Texas to learn more about what you can do to assert and protect your rights.

Houston Criminal Lawyer Charles Johnson 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.

Houston Lawyer: What Happens When A Person is Arrested For A Crime?

Top Houston Lawyer

Consult the Finest Houston Lawyer at the Charles Johnson Law Firm as soon as possible if you or a loved one has been arrested or charged with a criminal offense. Getting legal guidance is essential to make certain that a defendant’s legal rights are safeguarded.

Certain constitutional protections apply to an individual arrested for a criminal offense. Additionally, there are certain procedures that are generally identical from jurisdiction to jurisdiction. Here is a concise explanation of what occurs when an individual has been arrested for a criminal offense.

A person could very well be charged with a criminal offense before they are arrested. If this transpires, a judge is going to issue a warrant for the individual’s arrest. A law enforcement officer will try to find the individual who is the subject of the warrant. If the individual is found by the authorities and arrested, police officers must give the individual a copy of the warrant that declares the charge for which they are being arrested. The authorities do not necessarily have to have a copy of the warrant with them at the time of the arrest, however they must provide a copy to the arrested individual within a reasonable amount of time afterward.

After an individual is arrested, they will be “booked” at the police department. This involves taking fingerprints and completing other procedural requirements. The individual will then be held in police custody pending a court hearing. This hearing will generally take place within 48 hours.

When an individual is taken into police custody, they have the right to contact a lawyer. The individual will likely be permitted to get in touch with a criminal defense attorney. The individual should have at least a brief opportunity to meet with their criminal defense lawyer prior to their preliminary court hearing.

At the court hearing, the judge will read the criminal charges against the individual, who is designated the defendant. If the individual was arrested without an arrest warrant, this will likely be the first time they are told the criminal charges against them. The judge will attempt to ensure that the defendant comprehends the criminal charges. The judge will then ask the defendant to enter a plea. A defendant can enter a plea of “not guilty”, of “no contest”, or of “guilty”.

Even if the defendant is guilty, they are able to enter a plea of not guilty, should they think there is not enough evidence to establish their guilt. In any case, a plea of not guilty may result in a trial where the federal government will be required to establish, beyond a reasonable doubt, that the defendant is guilty of the criminal offense for which they are being charged.

A jury will need to decide, dependent on the evidence introduced by both sides, whether or not the defendant is to be found guilty or not guilty. In many cases, a defendant may possibly waive their priviledge to a jury trial, and the judge will determine if they are guilty or not guilty primarily based on the evidence which is offered. The defendant should speak with their criminal defense lawyer about whether or not they should waive their priviledge to a jury trial.

If the result of the trial is that the defendant is found not guilty of the violations charged, they can be released from police custody. If the result of the trial is that the defendant is found guilty or if there isn’t a trial due to the fact that the defendant entered a plea of no contest or of guilty, then there will be a sentencing hearing.

There will be evaluations of the defendant that are performed prior to the sentencing hearing. By way of example, if the criminal offense is DWI, the defendant may be evaluated to determine if they have a substance abuse issue. The court will also prepare a pre-sentencing report, which is basically an investigation into the previous criminal history of the defendant. This knowledge helps the judge determine an appropriate sentence.

At the sentencing hearing, there will be an opportunity for individuals to speak with the court about what factors they feel the court should take into account in determining a sentence. These individuals can include the victim of the criminal offense, the victim’s family, the defendant, the defendant’s family, and any other interested party.

The judge will take into consideration all of the evidence shown and any sentencing requirements. The judge will then enter a sentence for the defendant. If the criminal offense was fairly minor, and the defendant has been in custody throughout the entire court process, some may have already served the jail time that has been imposed by the judge. If the criminal offense is more severe, the defendant could possibly face substantially more prison time. Furthermore, a criminal sentence may involve more than serving time in jail. The defendant may be ordered to pay fines, to provide restitution to the victim, to undergo treatment for substance abuse or mental problems, to perform community service, or many other things.

Any person who is arrested for a criminal offense should hire an experienced Houston Lawyer with practical experience in criminal defense to represent them. This is the most effective way to make certain that their legal rights are defended, and that they obtain the finest possible outcome.

If you or someone you love has been arrested, you probably aren’t sure where to turn or what to do next. A positive first step is to contact the Charles Johnson Law Firm as soon as possible, 24 hours/day. Houston Lawyer Charles Johnson will guide you through the complicated maze of the justice system and help you to remain calm during this stressful time.

Houston DWI: Penalties for Multiple Driving While Intoxicated Arrests

Best Houston DWI Lawyer
There are set penalties an individual will be given for a Houston DWI. Certain factors trigger penalties to increase, like multiple Driving While Intoxicated offenses, the presence of minors, or accidents that resulted in the injury or death of another individual. In addition to legal penalties, many individuals convicted of DWI face problems outside of the courtroom, such as social ostracism, job loss, limited future opportunities, strained personal relationships, community service requirements, damaged reputations, and loss of community. They may also face greater insurance costs.  It is critical that you contact the Best Houston DWI Lawyer as soon as possible to explore your options and obtain advice about your case.  Houston DWI Lawyer Charles Johnson is available around the clock, 365 days/year to answer any questions you may have.

The following is a list of legal penalties for committing a Houston DWI:

First Houston DWI Offense:

Texas Criminal Status:
Class B Misdemeanor

Jail:
Minimum 72 hours, or 6 days if open container is present.

Houston DWI Fines/Costs:
Fine not to exceed $2,000. Other administrative and evaluation fees might be assessed. Texas imposes a “surcharge” for a Driving While Intoxicated on top of regular fines. The surcharge is $1,000 per year for 3 years for a first Driving While Intoxicated offense and $2,000 if the person’s BAC level was double or more than the legal limit (.16).

Texas License Suspension: Yes, One year.

Attending DWI Education class may avoid this. Occupational license might be granted based on need.

Texas Conditional License:
A conditional, or occupational license, may be issued based on “essential need” and generally only when the court orders an offender into alcohol assessment/rehabilitation. Offenders who have been granted occupational licenses within 10 years are ineligible. For definitions of “essential need”, see Transportation Code Section 521.241.

Vehicle Impound: None

Houston DWI School:
First time offenders must complete a 12 hour Driving While Intoxicated Education Program within 180 days of when probation was granted or risk having their license revoked.

Texas Probation:
Terms of probation decided by judge or jury.

Texas Community Service:
24 hours needed, but no more than One hundred hours.

Second Houston DWI Offense Plus:

Texas Criminal Status:
Class A Misdemeanor. A 3rd DWI is a 3rd degree felony.

Jail:
Seventy two hours, not more than One year. A Third Driving While Intoxicated often means 2-10 years in the penitentiary.

Houston DWI Fines/Costs:
Fines not to exceed $4,000. Other administrative and evaluation fees might be assessed. Texas imposes a “surcharge” for a DWI on top of regular fines. The surcharge is $1,500 per year for three years for a second DWI offense and $2,000 if the person’s BAC level was double or more the legal limit (.16).

Texas License Suspension:
Yes, 180 days to two years. Occupational license may be granted based upon need.

Vehicle Impound:
None.

Houston DWI School:
Repeat offenders must complete a 32 hour Driving While Intoxicated Repeat Offender Program.

Texas Probation:
Terms of probation decided by judge or jury.

Texas Community Service:
Minimum 80 hours, but no more than 200 hours.

Driving While Intoxicated and Driving with Minor:
It’s a felony to drive when intoxicated with a minor younger than 15 years of age inside the vehicle. This particular offense carries with it a mandatory blood test. You will be forced to submit to getting your blood drawn.

Commercial Vehicle:
Over .04 BAC level may suspend a commercial driver’s license for one year and as much as three years if the driver was carrying hazardous materials.

Under Age: 21

Texas Open Container Laws:
Yes, driver and passenger. This is a Class C Misdemeanor.

Driver Responsibility Tax:
Texas imposes a “surcharge” for a DWI on top of regular fines. The surcharge is $1,000 per year for three years for a first DWI offense, $1,500 per year for 3 years for a second Driving While Intoxicated offense and $2,000 for a initial or subsequent conviction if the person’s BAC level was double or more the legal limit (.16).

Ignition interlock device program:
Necessary to be able to be released from jail on bond. Required for all second-offenders during probation.

Hire the Top Houston DWI Lawyer: The Charles Johnson Law Firm

In addition to these penalties, Driving While Intoxicated convictions leave a mark on your criminal record for life. When you have been charged with Driving While Intoxicated, it is essential to retain the services of a skilled Houston DWI Lawyer. They are able to negotiate with judges and prosecutors to get your charges and penalties decreased or dropped. Moreover, they will provide all of their customers with viable options, multiple resources, aggressive representation, and compassionate care.

*** These penalties are subject to change based on the circumstances surrounding every case. It’s also best to consult Houston DWI Lawyer Charles Johnson to talk about your options and also the details surrounding your specific case.

Top Houston Drunk Driving Attorney: Getting A Grasp On Field Sobriety Tests

When law enforcement suspect an individual has been driving under the influence, they will ask him/her to perform a series of standard tests, also called field sobriety tests. Field sobriety tests help law enforcement determine a driver’s level of intoxication by challenging his/her physical and mental coordination and capacity to follow instructions. They’re also utilized to establish a probable cause for criminal arrest.

If you happen to be pulled over for suspected DWI, be courteous to the police officer. On the other hand , do not answer inquiries about what you have had to drink or when.

Politely refuse to submit to field sobriety testing, as this is not mandatory and you cannot be penalized for a refusal of this kind.

The three standardized field sobriety tests used by Houston police officers are:

    • The Horizontal Gaze Nystagmus (HGN): HGN refers to the involuntary jerking of the eyeball. When an individual is intoxicated, it is believed that his or her eyes are more likely to twitch. During the HGN test, law enforcement officer will hold an object in front of the driver and ask him/her to follow the object with his/her eyes. If the driver cannot follow the object, or if his/her eyes start twitching, then it is taken as a sign of intoxication. (Nevertheless, it is very important to note that Nystagmus is medical and physiological condition that is widespread in a large number of folks, even when they are sober)
    • The One-Leg Test: the driver stands on one foot and raises the other leg six inches off the ground while counting out loud. The driver is expected to stand on one foot without raising his/her arms, losing balance, wobbling, hopping around, or putting the lifted leg down.
    • The Walk and Turn Test: the driver takes nine steps in a straight line touching heel to toe, stops, and then repeats the action in the other direction

In addition to these DWI tests, law enforcement officers could possibly require drivers to perform additional tests, including:

  • Finger to nose test
  • Reciting the alphabet
  • Counting backwards
  • Balancing tests

If you did perform a field sobriety test and were arrested, it is vital to speak to the best Drunk Driving Lawyer in Houston immediately. The majority of police officers have already decided to charge you at this point, and are at this point just looking for additional evidence to use against you in the courtroom. Many attorneys believe field sobriety tests are inaccurate, subjective, and designed for failure. There are many factors that can certainly cause people to appear intoxicated, most notably nervousness, age, lack of natural coordination, lack of proper instruction, weather, fatigue, illness, physical problems, disabilities, injuries, car headlights, weight, footwear, intimidation, and traffic distractions.

Other important advice:

  • After your criminal arrest, you have the right to remain silent. You do not need to answer questions or submit to formal questioning about the case. While it is best to cooperate and be polite, you do not need to answer questions about how much you have had to drink and when. Exercise this priviledge, and you will have a far greater chance of avoiding a conviction.
  • You also have the right to legal counsel. This is a constitutional right that needs to be observed in order to provide defendants in criminal cases the opportunity to prove their innocence. By consulting a Houston DWI criminal defense attorney as soon as possible subsequent to a DWI arrest, you will provide him or her a better chance of making a positive effect on your case.
  • If you are arrested, be sure that you speak to the Texas DPS as soon as possible. You have only Fifteen calendar days to schedule an ALR (Administrative License Revocation) hearing relating to your license suspension. Failing to schedule this hearing will result in the automatic suspension of your license.
  • Most importantly, speak to Houston Driving While Intoxicated Attorney Charles Johnson as soon as you are able to. Having a skilled attorney at your side as early in the process as possible will mean that your rights will undoubtedly be protected and you will have the greatest opportunity of avoiding license suspension and a conviction.

Houston DWI Defense: Houston Drunk Driving Attorney Charles Johnson

If you have been arrested and charged for DWI, and you performed one or more field sobriety test, it is very important to hire an expert Driving While Intoxicated Lawyer in Houston to investigate your case and represent you in court. Houston Criminal Defense Lawyer Charles Johnson will use his expertise to fight the criminal charges brought against his clients and protect their legal rights. He will question the arresting officer’s ability to properly conduct a field sobriety test, and make sure the police officer didn’t violate their clients’ rights throughout the arrest. In addition, he will be dedicated to providing every client with personalized attention, viable alternatives, and aggressive DWI defense.

Houston Drunk Driving Lawyer Johnson will not stop working until he obtains a favorable result, and see that justice has been served.

Houston Attorney » Charged With DWI? Learn How to Beat It.

Houston Lawyer Charles Johnson

When the police suspect an individual has been driving under the influence, they will ask him/her to perform a series of standard tests, also named field sobriety tests. Field sobriety tests help law enforcement determine a driver’s level of intoxication by challenging his or her physical and mental coordination and capacity to follow instructions. They are also used to establish a probable cause for arrest.

If you are pulled over for suspected DWI, be polite to the officer. On the other hand , do not respond to any questions about what you have had to drink or when.

Politely refuse to undergo field sobriety testing, as this is not mandatory and you cannot be penalized for a refusal of this kind.

The three standardized field sobriety tests used by Houston police officers are:

The Horizontal Gaze Nystagmus (HGN): HGN refers to the involuntary jerking of the eyeball. When an individual is intoxicated, it is believed that his/her eyes are more likely to twitch. Through the HGN test, the police officer will hold an object in front of the driver and ask him/her to follow the object with his or her eyes. If the driver cannot follow the object, or if his/her eyes start twitching, then it is taken as a sign of intoxication. (Even so, it is very important to note that Nystagmus is medical and physiological condition that’s common in a large amount of individuals, even though they are sober)

The One-Leg Test: the driver stands on one foot and raises the other leg six inches off the ground when counting out loud. The driver is expected to stand on one foot without raising his/her arms, losing balance, wobbling, hopping around, or putting the lifted leg down.

The Walk and Turn Test: the driver takes nine steps in a straight line touching heel to toe, stops, and then repeats the action in the other direction

In addition to these DWI tests, law enforcement officers may possibly require drivers to perform additional tests, including:

  • Finger to nose test
  • Reciting the alphabet
  • Counting backwards
  • Balancing tests

Hire the Best Houston DWI Lawyer!

If you did perform a field sobriety test and were arrested, it is important to get in touch with the Most Effective Houston Lawyer as soon as possible. Most law enforcement officers have already decided to arrest you at this point, and are at this point simply looking for more evidence to use against you in court. Many attorneys believe field sobriety tests are inaccurate, subjective, and designed for failure. There are many factors that can cause folks to appear intoxicated, most notably nervousness, age, lack of natural coordination, lack of proper instruction, weather, fatigue, illness, physical problems, disabilities, injuries, car headlights, weight, footwear, intimidation, and traffic distractions.

Other important advice:

After your criminal arrest, you have the right to remain silent. You do not need to answer questions or submit to formal questioning about the case. Although you should cooperate and be polite, you do not need to respond to questions about how much you have had to drink and when. Exercise this right, and you will have a much better potential for avoiding a conviction.

You also have the right to legal counsel. This is a constitutional right that should be observed in order to provide defendants in criminal cases the opportunity to establish their innocence. By consulting a Houston DWI criminal defense lawyer as soon as possible subsequent to a DWI arrest, you will provide him or her a better chance of making a positive impact on your case.

If you are arrested, be sure that you speak to the Texas DPS as soon as possible. You have only Fifteen calendar days to schedule an ALR (Administrative License Revocation) hearing regarding your license suspension. Failing to schedule this hearing will lead to the automatic suspension of your license.

Most importantly, contact the Recommended Houston Criminal Defense Lawyer as soon as you can. Having a competent lawyer at your side as early in the process as possible will mean that your rights will probably be safeguarded and you will have the very best opportunity of avoiding license suspension and a conviction.

Houston DWI Defense: The Most Dedicated Houston DWI Attorney

If you have been arrested and charged for DWI, and you performed one or more field sobriety test, it is vital to hire an expert Houston DWI lawyer to investigate your case and represent you in the courtroom. The Top Houston DWI Attorney will use their expertise to fight the charges brought against their clients and protect their rights. They will question the arresting officer’s ability to properly conduct a field sobriety test, and make sure the police officer did not violate their clients’ rights in the course of the arrest. Furthermore, they will be dedicated to providing each client with personalized attention, viable alternatives, and aggressive DWI defense. They will not stop working until they acquire a favorable result, and see that justice has been served.

The Best Houston Criminal Lawyer » Facing A Drug Distribution Case? This Approach Is Your Best Strategy.

Hire the Best Houston Criminal Lawyer!

Houston Criminal Lawyer Charles Johnson Law Firm

Drug distribution/transporting laws penalize the selling, transport, and unlawful import of unlawful controlled substances into the US most notably marijuana, methamphetamine, cocaine, LSD, heroin, and “club drugs”.

Thus, drug distribution/transportation violations may perhaps fall under a group of crime viewed as an organized illegal activity that can add additional criminal charges to a defendant’s crime and increase the penalties if found guilty. Ownership or sale of these drugs is not necessarily a component of the offense, making objective a factor within the prosecution of distribution/transportation cases. Drug distribution/trafficking laws can implicate a single individual or a broad ring of men and women involved within the criminal offense. Transporting of controlled substances over a state line or possibly a country’s border is a federal crime with significant penalties that may possibly include the death penalty for drug kingpins.

Delivery of a drug is defined as the actual or attempted transfer of a drug from one individual to another. Delivery and distribution are treated as separate violations under the Controlled Substance Act. Cash does not have to change hands for someone to be charged with the selling of drugs. For example, you may perhaps be found guilty of delivering a controlled substance even though others perform the physical act of delivery and you do not receive any money for the transaction. As an example, a defendant was present while another individual delivered and sold cocaine to an undercover agent. Evidence that the defendant brought a mirror to the transaction in order to help measure the cocaine was virtually all that was necessary for an arrest of delivery and sale of drugs. Even though the defendant told law enforcement officials that she received a mere one-half gram of crack in return for her help with the drug sale, she was convicted for illegal delivery and sale.

Dispensing of drugs for medical purposes is permitted under quite specific regulations. However, should a physician dispense drugs outside the scope of his medical practice, this individual can certainly be found guilty of drug crimes, as in U.S. v. Singh, (4th Cir. 1995), in which a physician traded drugs for sexual favors with patients hooked on prescription drugs.

Distribution is defined as the delivery of a controlled substance other than for the administering or dispensing of it. An individual is frequently guilty of distribution when he or she transfers a controlled substance to another individual. The transfer can be actual, constructive, or attempted. The transfer is actual whenever a person physically transfers the controlled substance to another; it is constructive, when the federal government can prove that a person intends to sell or distribute an unlawful substance through their actions or when the quantity of drugs in their possession is considerable; it is attempted when that person attempts to transfer the controlled substance to another, but is otherwise prevented from doing so. Anyone who intentionally participates in contributing to a drug transaction, even if only as a translator, is regarded as a deliverer of a controlled substance.

Transportation and distribution of drugs tend to be more serious crimes than is the criminal offense of drug possession; and these crimes bring about the potential for significant consequences. Anyone facing drug charges for drug importation, drug transportation, or drug distribution and sale (excluding small quantities of marijuana) are typically charged with a felony. A drug transportation/distribution charge might bring about one or more years in a state prison along with a permanent criminal record. Automobiles, residences together with other possessions tied into a drug transaction may also have to be forfeited.

The sale of drugs is invariably a felony arrest. A sale of under 40 kilograms of marijuana is known as a felony under federal law, and is punishable by five years in jail and a $250,000 fine. The penalty for the sale of “harder” drugs, crack and heroin, can certainly include a life sentence. Sentences and fines are usually in line with the quantity of the sale, the previous criminal history of the defendant, the presence of firearms on the defendant through the transaction, and whether minors were involved in the transaction or not.

Mere possession of a controlled substance does not demonstrate specific motive to distribute or sell the drug. Motive cannot be proven by use of direct evidence (evidence primarily based on a witness’s firsthand knowledge) or circumstantial evidence (evidence based on inference); a distributor must know that he/she is in possession of a drug meant for distribution.

Defenses for Distribution/Transportation

Defenses for drug distribution/transportation charges ordinarily involve the violation of the Constitutional privileges of the person charged. Due process requires that every element of the crime be proved beyond a reasonable doubt, a high standard when attempting to demonstrate the elements in a distribution/transportation offense. In addition, the 4th Amendment to the United States Constitution protects individuals from unreasonable searches and seizures. The unreasonableness is determined by the specifics and circumstances of each case. If the police unlawfully searched you, or illegally seized your property, an Experienced Houston Criminal Defense Lawyer could very well be able to have the charges dismissed.Various other proven successful defenses for distribution/transportation criminal charges include entrapment and illegal surveillance, both of which an individual is constitutionally defended against under certain situations.

If you had been in a vehicle containing drugs that was stopped, but you were a passenger, the prosecution needs to establish that you had been in possession and had knowledge of your possession. You may not be found guilty of any drug charge ;if you didn’t realize the drug had been there.

An Experienced Houston Criminal Defense Attorney will make sure your legal rights are defended and if the authorities didn’t follow correct procedures, they will have resulting evidence dismissed.

Houston Drug Distribution Defense Lawyer

If you face any sort of of drug criminal charges, the prosecution will try to press the most severe charges potential. Should you encounter drug distribution criminal charges or you have been arrested for conspiracy with intent to distribute, a conviction could mean a long jail sentence and forfeiture of property and assets.

Law enforcement are not your pals. Your very best chance is to get in touch with an aggressive criminal defense lawyer and keep your mouth shut.

If you are found with scales, drugs, and other distribution materials, you will probably be charged with possession with intent to distribute. Depending on the amount of the drug involved, you could lose vehicles, cash, and even your home if found guilty. Providing the aggressive criminal defense you deserve, a skilled Houston Lawyer will be available twenty-four hours a day, seven days a week.

A knowledgeable Houston Criminal Defense Attorney will make certain the burden of proof rests on the prosecution.

The Leading Houston Attorney will treat you and your legal issue with dignity and go to war for you to protect your life, nearest and dearest and future. Whenever you or perhaps a family or close friend are dealing with legal charges or a criminal defense inquiry, you would like an individual you can rely on to assist you.

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.
Major Credit Cards Accepted.

 
Houston Criminal Defense Lawyer Houston Criminal Defense Lawyer Houston Criminal Defense Lawyer Houston Criminal Defense Lawyer Houston Criminal Defense Lawyer Houston Criminal Defense Lawyer Houston Criminal Defense Lawyer Houston Criminal Defense Lawyer Houston Criminal Defense Lawyer Houston Criminal Defense Lawyer Houston Criminal Defense Lawyer Houston Criminal Defense Lawyer Houston Criminal Defense Lawyer Houston Criminal Defense Lawyer Houston Criminal Defense Lawyer Houston Criminal Defense Lawyer Houston Criminal Defense Lawyer
 
Dallas Office - Charles Johnson Law Firm San Antonio Office - Charles Johnson Law Firm Houston Office - Charles Johnson Law Firm Austin Office - Charles Johnson Law Firm
Reach me personally now at 713-222-7577close