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 state

Arrested for Federal Drug Charges? Get Expert Counsel From Federal Drug Lawyer Charles Johnson

Best Federal Drug Defense AttorneyFederal Drug Lawyer Charles Johnson represents clients who have been charged or are about to be charged with drug charges in Federal Court. The Charles Johnson Law Firm has earned an international reputation as one of the top Federal Drug Law Firms.

Regardless of the federal or international drug charge, Federal Drug Lawyer Charles Johnson has the drug defense experience to handle your case. He has successfully handled sophisticated drug defense cases that included Trafficking, Importation, Distribution and many others. When faced with a federal drug crime there is absolutely no substitute for experience. If you have been charged with drug crime and need a Federal Drug Defense Attorney, contact Attorney Johnson directly anytime night or day at (713) 222-7577. In Federal and International Drug Defense, experience makes the difference.

Federal Drug Crimes Overview

The Comprehensive Drug Abuse Prevention and Control Act of 1970, also known as the Controlled Substances Act, classifies narcotics, marijuana and other drugs into five categories, or Schedules. Besides establishing requirements relating to manufacture and distribution of drugs, the law also defines penalties for violations of the Act. Depending on the nature and quantity of the substance involved, as well as the presence of sentence-enhancing factors, the criminal penalties can be severe. If you are facing federal drug charges, call Houston Federal Drug Crime Lawyer Charles Johnson for advice on the law, your rights and how to proceed. He is available around the clock to take your call.

Offenses at the Federal Level

Federal drug offenses differ from those at the state level, even though the conduct in question might be the same. In defining crimes, Congress’ authority comes from its Constitutionally-granted powers over the areas of commerce, taxation and the postal service.

Some of the drug crimes under the Controlled Substances Act include:

  • Drug trafficking: manufacturing, distributing or possessing with the intent to distribute illicit drugs
  • Manufacturing: operating places for the purposes of manufacturing, distributing or using illicit drugs, or endangering human life while so doing
  • Continuing criminal enterprise crimes: trafficking in illicit drugs by a person in concert with five or more other persons
  • Conspiracy: involves attempts and the promoting and facilitating of manufacture, distribution or importation of illicit drugs
  • Protected location offenses: distributing illicit drugs to persons under age 21 or within a school or playground zone; employing persons under age 18 in drug operations
  • Simple possession: possessing controlled substances without a valid prescription from a licensed medical practitioner (unlike trafficking, simple possession does not involve intent to distribute the drugs)

Other drug offenses under the Act include investing illicit drug profits in businesses affecting interstate commerce and unauthorized importation of controlled substances. The Drug Enforcement Administration (DEA) enforces the federal controlled substances laws and regulations.

In addition, drug crimes at the federal level may include violations of tax law, such as tax evasion, or engaging in activities prohibited by the Racketeer Influenced and Corrupt Organizations Act (RICO).

Federal Sentencing Guidelines

Federal drug laws specify minimum and maximum terms of imprisonment, based on the type and quantity of drug involved. Likewise, under the Federal Sentencing Guidelines, these factors are taken into account, along with:

  • Whether the offense involved injury to another person
  • Whether a weapon was possessed or used
  • The defendant’s criminal history

While judges have discretion to depart from sentencing guidelines, they must still stay within the mandatory minimum and maximum terms specified by statute. Where the offense occurs in a school or other protected zone, penalties may be enhanced.

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

Drug crimes can be charged and prosecuted under federal law, state law or both. Because federal drug crimes can carry significantly harsher penalties, it is important to contact a knowledgeable lawyer who is familiar with both federal and state drug laws. If you are facing either federal or state drug charges, call Federal Drug Crimes Lawyer Charles Johnson now at (713) 222-7577. He can explain the intricacies of both systems and vigorously represent your interests.

Charged with a Federal Crime? What To Expect

The following is a short summary of what you can expect if charged with a Federal Crime.

SILENCE

By the time you read this material, you or your loved one will have already entered the Federal Criminal Justice System. Whether you are in custody or in the “free world”, one firm rule applies: Do not discuss your case with anyone but your lawyer. Anything you say can and will be used against you. This is true whether you talk to a police officer, a person you just met in a holding cell, or a “friend”.

RELEASE OR DETENTION

The first thing to worry about is whether you are going to be released while waiting for trial. There is no bond set automatically in federal court. Your family cannot simply pay a bondsman to get you out.

Court Appearance: If you were arrested and taken into custody, you will soon appear before a United States Magistrate Judge.  This is not the District Judge that will hear your trial.  This Magistrate Judge will decide if there are any conditions that would allow your release.

Pretrial Report: In order to assist the Magistrate Judge, a Pretrial Services Officer will interview you and give the Magistrate Judge a written report about your background and criminal history. The Officer will not ask you about the facts of your case and you should not volunteer any information. If you lie to the Officer, it will hurt you later on.

Chance for Release: You are most likely to be released if you have little or no criminal history, if you have solid employment and family ties in your community, if you are a United States Citizen, and if you are not charged with a serious drug trafficking offense or crime of violence. Even if you are not a good risk for release, the Magistrate Judge must still hold a hearing and find reasons to keep you in custody. The only time this hearing is unnecessary is when you are being held in custody for other reasons — such as a sentence in another case, a parole warrant, or a probation revocation warrant.

YOUR LAWYER

When you are facing criminal charges, your choice of legal representation is a critical issue. You must ensure that you have legal representation from a proven attorney with a record of successfully defending difficult cases.

In order to protect your rights and to fight a possible Federal drug conviction, it is very important to hire the Best Federal Lawyer you can find. Your future is at stake, and this is not a time to cut corners. A knowledgeable Drug Crime Defense Lawyer will be able to sort out the details of your drug crime charges and diligently work to provide evidence that will benefit you. At the Charles Johnson Law Firm, we have been successful at lowering or dismissing charges against our clients and will look to do the same for you. To counteract the aggressive investigation and prosecution from the federal government, you will need an equally aggressive criminal defense attorney. Federal Drug Crime Lawyer Charles Johnson understands federal drug crime cases inside and out and will provide an unmatched dedication, commitment and an aggressive approach when defending your case.

Honesty: Defendants often believe it is better not to tell their lawyers the truth about their case. This is not a good idea. Everything you tell your lawyer is privileged and cannot be told to others. The best defense is one that prepares for all the bad evidence the prosecutor may present against you at your trial. Your lawyer must know all the facts. It is foolish to ignore the dangers and simply hope everything will turn out all right. That is the sure way to be convicted.

Bad Advice: If you are in custody, you will probably get a lot of free advice from other inmates. Unfortunately, much of that advice will be wrong. Many of the other inmates are in state custody and know nothing about federal criminal law. Even the ones facing federal charges may give you bad advice; they may not know any better, or they want to mislead you.

Respect: Treat your lawyer with respect and that respect will be returned to you. Lawyers are human beings who tend to work harder for clients who do not mistreat them.

YOUR RIGHTS

When people talk about “rights” in the federal criminal justice system, they are usually talking about the Fourth, Fifth, Sixth and Eighth Amendments to the United States Constitution. These rights include freedom from unreasonable searches and seizures, the right to remain silent, the right to legal counsel, due process of law, equal protection under the law, protection from double jeopardy, a speedy and public trial, the ability to confront one’s accusers, subpoenas for witnesses, no excessive bail, and freedom from cruel and unusual punishment.

Caselaw: There are many books and thousands of cases that discuss what these rights mean. The law is always changing.  A court opinion written in 1934 by a Montana court of appeals is probably no help in your case. Your case will mostly be affected by recent published opinions of the United States Court of Appeals for the Fifth Circuit and the United States Supreme Court.

Application: Not all of these rights apply in all cases.  If you never made a statement to the police, then it will not matter whether you were told of your right to remain silent. If you consented to a search of your car, then it will not make a difference whether the police had a search warrant.

CUSTODY

There are no benefits to being locked up. Jail has many rules and regulations. Some of those rules are made by the jailers. Some of these rules are made by the United States Marshal.

Clothing: You can get clothing two ways. The way to get underwear, tennis shoes, socks, etc, is to buy them through the jail commissary. Despite what others tell you, your lawyer cannot simply bring you these items. In most instances, trial clothing can be brought to the U.S. Marshal’s office shortly before your court appearance. You will be allowed to change in the holding cell at the federal courthouse.

Other Possessions: Sometimes the jail may allow you to receive magazines by subscription or books mailed from a store. It depends on the jail’s rules. Most other items need to be purchased through the commissary. All jails prohibit your lawyer from bringing you any items, such as cigarettes. You may keep legal documents in your possession.

Visits: Your friends and relatives must follow the jail’s rules when making appointments to visit you. You must put the names of these persons on your visitation list.

ARRAIGNMENT

At some point you will come to court for an arraignment. This is the time when you enter a plea of “Not Guilty”.

Indictment: Before the arraignment, you will have been indicted by a Grand Jury. Neither you, nor your attorney, has a right to be present at the Grand Jury session. A Grand Jury decides if there is enough evidence to have a trial in your case. If there is not, then the case is dismissed. If there is, the Grand Jury issues an Indictment. An Indictment is the document that states what the charges against you are. The Grand Jury sessions are rarely transcribed, so it is usually not possible to receive a transcript of their sessions.

Hearing: The arraignment takesplace before a Magistrate Judge,notthe DistrictJudge who will hear your case. The Magistrate Judge will ask you several questions:

  1. Do you understand what you are charged with?;
  2. Do you understand the potential penalties if you are convicted?; and
  3. How do you plead to the charges?

Since you will have discussed the case with your lawyer by this time, you will be able to answer the first two questions “Yes”. Your answer to the third question is “Not Guilty”. You cannot plead “Guilty” at an arraignment. Pleading “Not Guilty” will never be used against you.

Discovery: Federal law provides only limited access to the government’s evidence against you. Under local rules, you and your attorney are permitted to have copies of only certain types of documents in the government’s file. The rules of discovery must be strictly adhered to, and your attorney will discuss these rules with you more thoroughly as your case progresses.

Motions: Before or after investigating your case, your attorney may feel it appropriate to file a motion(s), which may be heard before or at trial. You should never file your own motions without fully discussing the proper procedures with your attorney. If you have ideas about specific motions that could be filed your case, you should discuss with your attorney whether those particular motions would be appropriate or beneficial to your defense.

SPEEDY TRIAL

Many defendants want a quick trial. This is usually for two reasons. First, defendants who are in custody want to get out of the county jail as soon as possible.  Second, defendants believe that if they are not tried within the Speedy Trial Act’s 70-day time limit, then their cases will be dismissed.

Pretrial Detention: There is no question that conditions in the county jail are not good. However, a defendant is rarely ever helped by going to trial as soon as possible. The prosecutor is prepared to try the case when it is filed. Your lawyer is only then beginning to investigate the case. Your lawyer does not have access to offense reports of the law enforcement officers that have already investigated the case. Also, “aging” a case has other benefits — the case becomes less important over time, witnesses’ memories fade, etc.

Dismissal: There are many exceptions to the Speedy Trial Act. Generally, a prosecutor can get a continuance of the trial whenever requested. The usual reason why a prosecutor requests a continuance is because there are co­defendants who have not been arrested yet.  The speedy trial deadlines do not begin to run until all charged defendants have appeared in court. Also, any time any of the defendants file motions, the time until those motions are decided is not counted toward the speedy trial deadline.

TRIAL

A felony trial in federal court is decided by twelve jurors. The jurors only decide if you are “Guilty” or “Not Guilty” of the charges in the Indictment. Jurors do not decide punishment. The District Judge decides punishment.

Jury Selection: The trial begins with the selection of the jury. A panel of potential jurors is called to court from voter registration lists. The District Judge, the prosecutor, and your lawyer talk to the panel and ask questions. The lawyers are allowed to keep certain members of the panel from sitting on the jury. The first twelve of the remaining panel members become jurors.

Opening Statements: Before the evidence is presented, the lawyers may make opening statements.  Opening statements are when the lawyers tell the jury what they believe the evidence will show.

Order of Proof: The prosecutor presents evidence first.  You are presumed to be innocent until proven guilty beyond a reasonable doubt. You do not have to present any evidence or testify. If your lawyer does put on evidence, it will happen after the prosecutor has finished presenting evidence.

Rules: During the trial, the lawyers must follow the rules of evidence and procedure. These rules are complicated. The rules can both help and hurt you. For instance, the rule against hearsay evidence prohibits a prosecutor from calling a witness to testify how he heard about what you did. The same rule will stop your lawyer from introducing an affidavit made by some person who is unwilling to come to court and testify.

Prior Acts: Although you are only on trial for the charges in the Indictment, there are two ways the jury can learn about other accusations against you. First, if you testify then the prosecutor will be able to introduce your prior convictions. Second, the prosecutor can introduce your prior acts –even if they are not convictions — if they are similar to the crime you are charged with (for example, prior drug sales in a drug distribution case).

Final Arguments: After all the evidence has been presented, the lawyers argue the facts to the jury.

Jury Deliberations: Jurors are usually average working people from the community. They are not specially trained in law. They use their common sense when deciding the case. Although the District Judge will instruct them about “the presumption of innocence” and “proof beyond a reasonable doubt”, jurors rely on many things in coming to a decision in a case. Jurors often rely on things such as: the appearance of the defendant, the defendant’s character, and their own biases and prejudices. They cannot be questioned about how they reached their decision.

Verdict: If you are found “Not Guilty”, you will be released. If there is a “Guilty” verdict, then the District Judge will order the Probation Department to prepare a Presentence Investigation Report to assist the District Judge at sentencing. It takes approximately two months between a conviction and sentencing.

Release: If you were previously on pretrial release,the District Judge may continue thatrelease until sentencing, unless you were convicted of a crime of violence or a serious drug trafficking offense.

GUILTY PLEAS

Statistics show that most defendants plead guilty. You make the decision to plead guilty. That decision is never simple. Some possible benefits of a guilty plea are that:

  1. the prosecutor may dismiss some charges;
  2. the prosecutor may not file new charges;
  3. the prosecutor may recommend a favorable sentence;
  4. you may get credit for accepting responsibility, etc.

Plea Agreement: Any promises the prosecutor makes for your guilty plea will be stated in a written plea agreement. That agreement is signed by you, your lawyer, and the prosecutor.

Plea Hearing: You must enter a guilty plea in court before the District Judge. The District Judge must ask you many questions so the record shows you understand what you are doing. During the hearing, the prosecutor will briefly tell the District Judge the facts of the case. You must agree to those facts for the District Judge to accept your guilty plea.

Effect of Plea: Once the District Judge accepts your guilty plea, you are just as guilty as if a jury returned that verdict. Once you are convicted of a felony, you lose certain civil rights, including the right to vote; the right to sit on a jury; and the right to possess firearms.

After Plea: The procedure after a guilty plea is the same as after a conviction at trial. A Presentence Investigation Report will be ordered and you will either be released or detained until sentencing (see “Trial” section).

COOPERATION

Some defendants give prosecutors information against other persons for the possibility of a reduced sentence. There is no guarantee that a defendant will get a lower sentence for “giving people up”. Cooperation usually requires a defendant to testify in court or before a Grand Jury.

OTHER CHARGES

Many times, federal defendants are first arrested by state officers on state charges. Sometimes, even when federal charges are filed, the state charges are not dismissed. It is possible to be convicted of both state and federal charges for the exact same offense. This is not “double jeopardy”. It is also possible to receive “stacked time” (a consecutive sentence), by pleading guilty to an unrelated state or federal case before being convicted in your federal case. Be careful not to do anything about your other cases without telling your attorney. If you are summoned to “jail call”, do not agree to plead guilty to your state charge in exchange for “time served” without telling your lawyer. Despite what the state prosecutor may tell you, this conviction will affect your federal sentence.

SENTENCING

Sentencing takes place approximately three (3) -six (6) months after you have been convicted by a jury or guilty plea. The District Judge decides the sentence. Unlike state court, you cannot simply agree with the prosecutor to serve a particular amount of time or probation.

Federal Sentencing Guidelines: The District Judge decides your sentence based upon a book called the “Federal Sentencing Guidelines Manual”. That book works on a point system. You get points for the seriousness of the offense and your role in the offense. Points may be subtracted if you accept responsibility for the offense or if you were only a minor participant. The Manual also considers your criminal history.  Your criminal history is the record of your prior convictions in state and federal courts. A chart at the back of the Manual determines your sentencing guideline range, based upon your criminal history points and the points you received for the offense conduct.

Mandatory Minimum Punishments: Some drug and firearms cases have mandatory minimum punishments. These minimum punishments apply even if the Federal Sentencing Guidelines would otherwise give you a lower sentence. For instance, anyone possessing over 280 grams of crack cocaine after August 3 2010, with the intent to deliver it, must receive at least ten (10) years in prison; even if that person is a first offender.

Departures: If the District Judge sentences you to more or less time than your sentencing guideline range, it is called a “departure”. Departures are unusual. The District Judge must have a good legal reason for a departure. The District Judge cannot depart downward below a mandatory minimum punishment, unless the reason is that you have provided substantial assistance to the government in the prosecution of others or you qualify for the “safety valve” provision as a first offender. Only drug cases qualify for the “safety valve”.

Presentence Investigation Report: Before the sentencing hearing,the District Judge will review a Presentence Investigation Report prepared by a Probation Officer. That report summarizes the offense conduct, your criminal history, and other relevant background information about you. Most importantly, the report calculates a range of punishment for the District Judge to consider in your case. The Probation Officer creates the report based upon information from the prosecutor, independent investigation, and an interview with you in the presence of your lawyer.

Interview: It is important to be honest with the Probation Officer at the presentence interview. If you mislead the officer you may increase your sentence for “obstruction of justice”.  Also, you will not get credit for accepting responsibility unless you talk truthfully about your crime.  Do not talk about any other conduct for which you have not been convicted, unless your lawyer tells you to.

Objections: Before the District Judge gets the Presentence Investigation Report, it will be sent to your lawyer. The probation office will also mail a copy directly to you for your inspection. Review it carefully. If there is anything incorrect about the report, your lawyer can file objections. Some mistakes are more important than others. If the report says your car is red rather than blue, that is probably not important. If the report says you have five (5) prior felonies when you do not, that is important.

Sentencing Hearing: At the sentencing hearing, the District Judge will review your objections to the Presentence Investigation Report and make findings about any facts or legal issues that cannot be agreed upon. Your lawyer will address the legal issues and point out the facts in your favor. District Judges do not want to hear from witnesses who are just there to plead for a reduced sentence. Letters of recommendation and other helpful evidence should be provided to your lawyer well before sentencing so the District Judge can see them before the hearing. Before the District Judge pronounces sentence, you can make a statement.

Concurrent and Consecutive Sentences: No area of law is more confusing to defendants and lawyers than whether multiple sentences (more than one) may be served at the same time (concurrent) or one after another (consecutive).

Present Charges: If your federal Indictment has several related charges, and you are convicted of them, you probably will serve these sentences at the same time. However, it is possible for the District Judge to “stack” unrelated convictions so each must be served before another begins.

Other Charges: Sometimes a defendant is already serving a sentence before being convicted in a federal court. Unless the District Judge specifically orders the new sentence to run at the same time as the previous sentence, they will be stacked and will run consecutively.  You would have to finish your other sentence before the new one begins.  Even if the District Judge runs the new sentence at the same time as your previous sentence, you will not get credit for the time you served prior to sentencing.

VOLUNTARY SURRENDER

If you were on release until sentencing, you may be allowed voluntary surrender. This means about 45 days later you report directly to the federal prison designated for sentence. Otherwise, you would go directly into custody if you received a prison sentence.

APPEAL

An appeal is not a new trial. An appeal is a review of your case by the United States Court of Appeals for the Fifth Circuit, which is located in New Orleans, Louisiana. You may only appeal after you have been sentenced. A notice of appeal must be filed within 10 days after judgment (your sentencing order) is entered, or you lose that right. Transcripts of all testimony, and all the legal documents in your case, are sent to the Court of Appeals. The Court of Appeals decides whether the District Judge made any mistakes in ruling on the law in your case. If the Court of Appeals decides there were some important mistakes made by the District Judge in your case, the usual remedy is that you will be allowed to have a new trial or a new sentence. That is called a “reversal”. It does not happen often. It is nearly impossible to be released while your appeal is being decided. The decision to appeal should be made only after a careful discussion with your lawyer. The Fifth Circuit is strict about accepting cases that raise legitimate issues. A claim that you received “too much time” will not prevail in the Fifth Circuit. The Fifth Circuit will dismiss your appeal if you do not present an issue they consider meritorious. Also, you and your lawyer can be sanctioned (punished) if you present a “frivolous” issue on appeal.

PROBATION

Probation means your term of imprisonment is suspended, you must follow restrictive conditions, and report to a probation officer. Probation is not available for federal drug trafficking crimes. Except for minor fraud cases, most federal defendants do not get probation. “Shock Incarceration” or “Boot Camp” is not probation.  That is a military discipline program followed by time in a halfway house. It is available mostly to young, nonviolent, first-time offenders.

PRISON

Most defendants who are sentenced to prison go directly into custody or continue to remain in custody. Where the sentence will be served depends on several factors.

State Custody: If the reason you first came into custody was a state charge, parole warrant, or probation revocation warrant, then you are in state custody, not federal custody. Neither the United States Marshal, nor the District Judge, has the authority to take you from state custody so that you may begin serving your sentence in a federal institution. This means you will remain in the county jail, or the Texas Department of Criminal Justice, until your State of Texas (or whatever other jurisdiction you owe time) sentence is completely served. Even if you got a federal sentence that is to run at the same time as your previous sentences (see “Sentencing” section), you will do that time in the other jurisdiction’s prison.

Jail Credit: In the federal system, the district judge does not have the authority to award jail credit at your sentencing hearing. See United States v. Wilson , 112 S.Ct. 1351 (1992); 18 U.S.C. §3585(b). Under the statute giving a defendant convicted of federal crime the right to be credited for time spent in official detention before sentence begins, the Attorney General is required to compute credit after the defendant has begun to serve his sentence, rather than the district court at time of sentencing. Statute giving defendant convicted of federal crime right to receive credit for time spent in official detention before sentence begins does not authorize district court to award credit at sentencing.

Federal Custody: You are in federal custody if you  were brought in on a federal warrant. It does not matter that you are being held in the county jail or that state charges or revocations are later filed. It is always better to be in federal custody, because the State of Texas will give you credit for serving your state sentences no matter who has custody of you.

Designation: If you are in federal custody, then a federal institution must be designated for your sentence. This designation takes about one (1) month and is made by the Federal Bureau of Prisons. During that month, you will probably remain in a county jail. The decision about where you will go depends upon the seriousness of the crime, your criminal history, the location of your family, among other things.  A recommendation by the District Judge to send you to a particular place is not binding on the Bureau of Prisons.

Good Time Credit: The Bureau of Prisons can give you up to 54 days a year of “Good Time Credit”.  This is time subtracted from your sentence. The credit is a privilege for good behavior, not a right. It does not begin to be counted until after your first year in prison.

Release: There is no parole in the federal criminal justice system. You will serve the majority of your sentence, minus Good Time Credit. You will receive a term of supervised release that begins after you are released. Like probation or parole, supervised release means you have to follow rules and report back to a probation officer. Violating supervised release can mean going back to prison.

CORRESPONDENCE

You must use your own judgment about writing letters. You should not write about the facts of your case to anyone other than your lawyer. If you have any questions about your case or suggestions about it, you should contact your attorney immediately.

Federal Drug Charges in Houston, TX

Houston is in a unique position because of its convenient location. It is a criminal hotbed for illegal drug activity and because of its reputation, law enforcement; the FBI and the DEA are on high alert when it comes to detecting and convicting those guilty of trafficking or other federal drug crimes. Because drug activity is so rampant in Texas, the state has exceptionally harsh penalties for those who commit federal drug crimes. How one is prosecuted will depend on whether or not they have any priors on their record, the type of drug, and the quantity. A prison sentence for a federal drug crime can be as little as five years or it can be as long as life in prison.

The state of Texas has long been involved in a “war on drugs.” Federal prosecutors in the state of Texas come down hard on criminals involved in selling, distributing and trafficking large amounts of drugs. Not only do you face years in prison if convicted, non-citizens face deportation from the United States. At The Charles Johnson Law Firm, we are here to defend you against Federal Drug Charges.

Contact the Best International Federal Drug Crimes AttorneyHouston Federal Drug Crimes Lawyer Charles Johnson comprehends the differential factor between State and Federal drug crimes. If in fact you or a loved one are under investigation for a drug crime, or if you have been apprehended for or charged with a drug crime in Texas or Houston, you could face harsher punishment than you expect. If you or a loved one’s alleged crime is based upon large amounts of illegal drugs, transporting or distributing drugs over state lines or over and across the border, or other specific details, you could face federal drug crime charges rather than state charges.

The significant thing to know pertaining federal drug crimes is that a conviction will carry a much harsher punishment, a longer mandatory at the very least sentence, and the possibility of no bond or bail. Attorney Johnson defends cases at the Federal Level that involve drug crimes such as:

  • Federal drug trafficking
  • Federal drug manufacturing
  • Federal drug sales and distribution
  • Internet drug distribution
  • Federal drug importation and transportation
  • Mailing drugs over and across state lines or national borders
  • Drug smuggling into or out of the United States
  • Other crimes related to drugs and money laundering

Contact Houston Lawyer Charles Johnson anytime night or day to discuss your case. You can speak with him directly by calling (713) 222-7577. If in fact you or a loved one think you are part of a federal drug investigation, don’t wait to contact a lawyer you can trust. Rest assured that The Charles Johnson Law Firm will zealously defend you against any type of Federal Drug Charge.

Houston Federal Drug Crimes Lawyer Charles Johnson

Download “Arrested for Federal Drug Charges? Get Expert Counsel From Federal Drug Lawyer Charles Johnson” in PDF Format

Related News Stories – Federal Drug Charges 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

Download “Charged with Possession of a Controlled Substance? Protect Your Future with the Help of Houston Drug Lawyer Charles Johnson” in PDF Format


News Stories Related to Possession of a Controlled Substance in Houston:

Charged with Possession of Illegal Bath Salts? Protect Your Freedom by Hiring Houston Lawyer Charles Johnson

Top Houston Bath Salts LawyersAnyone can find themselves facing a drug charge. It all depends on what the government decides to make illegal. In 2011 the Texas legislature placed a ban on the chemicals found in bath salts, effectively outlawing bath salts for recreational drug use. Last month the DEA outlawed the drug from being sold. Prior to the ban, certain types of these bath salts were available to buy in stores. Many of the chemicals found in bath salts are now Schedule I controlled substances, based on recently enacted Texas law. Schedule I controlled substances come with a real possibility of jail time and are generally charged as a felony – just for first offense possession.

As with any change in the law, law enforcement authorities can overstep their bounds when it comes to those who are accused of drug possession. People still aren’t sure what to do with bath salts. Unlike marijuana possession, bath salts possession is a new concept in criminal law. If you’ve been arrested for possession of bath salts in Houston or anywhere else in Texas, call Houston Lawyer Charles Johnson anytime night or day at (713) 222-7577 or contact us online to discuss your case. Attorney Johnson will do everything in his power to defend you and your rights if you’ve been accused of Bath Salt possession. Your consultation is free and absolutely confidential.

What are “Bath Salts” (aka synthetic cathinones)

“Bath salts” are not for use in the bath, nor do they contain salt. While the formula of this drug changes regularly, most of the now illegal bath salts refer to commercially available products that have as part of their composition a legal stimulant called 3, 4-Methylenedioxypyrovalerone, or MDPV (sometimes another synthetic stimulant called Mephedrone and less commonly a synthetic stimulant called Methylone). These synthetic stimulants are in a class of drug known as synthetic cathinones.

Synthetic cathinones are related to the parent compound cathinone (found naturally in the plant Khat, which has cathinone producing a mild stimlative effect). Since the mid-2000s, unregulated ring-substituted cathinone derivatives have appeared in the European and American recreational drugs market. The most commonly available synthetic cathinones sold on the recreational market in the period up to 2011 appear to be 3, 4-Methylenedioxypyrovalerone (MDPV), mephedrone, and methylone. These products are usually encountered as highly pure white or brown powders. Cathinone derivatives are claimed to have effects similar to those of cocaine, amphetamine or MDMA (ecstasy), but little is known of their detailed pharmacology.

Currently illegal in Texas, they are sold mostly on the internet but can also be found in select shops locally. They’re known by a variety of names, including “Red Dove,” “Blue Silk,” “Zoom,” “Bloom,” “Cloud Nine,” “Ocean Snow,” “Lunar Wave,” “Vanilla Sky,” “Ivory Wave,” “White Lightning,” “Scarface” “Purple Wave,” “Blizzard,” “Star Dust,” “Lovey, Dovey,” “Snow Leopard,” “Aura,” and “Hurricane Charlie.” While they have become popular under the guise of selling as “bath salts”, they are sometimes sold as other products such as insect repellant, or the latest iteration of products called jewelry cleaner or IPOD screen cleaners, pump-it-up powder, IPOD cleaner, etc.

Much like the marketing of Synthetic Cannabinoids (Spice/K2) as incense, MDPV has been market as “bath salts” and just like Spice/K2 MDPV is specifically labeled “not for human consumption.”
Top Houston Criminal Lawyers

What are MDPV and Mephedrone?

As stated before, MDPV is a legal stimulant who’s chemical name is 3, 4-Methylenedioxypyrovalerone, and is the active ingredient in “Bath Salts”. A DEA report from December 2010 states that “preliminary testing indicates that the active ingredients in many brands [of bath salts] contain MDPV (3,4-methylenedioxypyrovalerone) and/or mephedrone.” Mephedrone, also known as 4-methylmethcathinone (4-MMC), or 4-methylephedrone, is a synthetic stimulant drug of the amphetamine and cathinone classes. Slang names include “meph,” “drone,” “MCAT,” and “meow, meow.”

Mephedrone is reportedly manufactured in China and is chemically similar to the cathinone compounds found in the khat plant of eastern Africa. It comes in the form of tablets or a powder, which users can swallow, snort or inject, producing similar effects to MDMA, amphetamines and cocaine. Because of the emergent nature of this class of substances, there has been some questioning as to what is in the composition of ‘bath salts’, though most evidence is leaning towards MDPV as being the compound of choice currently in ‘bath salts’.

In the United States, MDPV was packaged as “bath salts” but easy research from the internet showed that “bath salts” such as ‘Ivory Wave’ were being packaged as legal alternative stimulant drugs, and avoid prosecution by putting “Not For Human Consumption” on the packaging. However, some of these can barely contain themselves for what they really are, with one brand having a picture of Al Pacino’s ‘Scarface’ on its packaging.

They are sold over the internet, and on the street, in convenience stores, discount tobacco outlets, gas stations, pawnshops, tattoo parlors, and truck stops, among other locations. The various brands are sold in 50-milligram to 500-milligram packets. Prices range from $25 to $50 per 50-milligram packet.

What are will be in Generation 2 and 3 of Bath Salts?

Generation 2 of Bath Salts have been hitting the internet market already, with the DEA’s temporary ban of MDPV, Mephedrone and Methylone. Naphyrone has been found in samples of what is being labeled online as “Cosmic Blast” a “jewelry cleaner”. There are products (of substances unknown) that are on the internet labeled as “IPOD/Phone Screen Cleaner” and other various covers, as it appears that “bath salts” became too viral of a product name and drug dealers have now moved on to other, more obscure product naming schemes.

Cosmic Blast, marketed as a jewelry cleaner, is a stimulant/hallucinogen that is being marketed in the same way bath salts were. Drug sellers don’t seem to care about US drug law in that samples of Cosmic Blast that have been tested in toxicology laboratories which came up positive for not only Naphyrone, but also MDPV. Naphyrone (which became popular in the UK after their ban of Mephedrone in 2010), is also known as O-2482 and naphthylpyrovalerone, is a drug derived from pyrovalerone that acts as a triple reuptake inhibitor, producing stimulant effects and has been reported as a novel designer drug. No safety or toxicity data is available on the drug). Anecdotal reports of Naphyrone are it can stay in your body for long periods and since it is a reuptake inhibitor of Serotonin, which is implicated in body heat regulation, body temperatures can soar upwards of 107-108 degrees.

Bruce Talbot, a former police officer and expert on emergent drug trends expressed the following concerns regarding MDPV and what could likely happen now that MDPV, Mephedrone and Methylone have become illegal. He suspects that now that MDPV, Mephedrone and Methylone have finally been added to an emergency ban, they will likely “be replaced by 4′-methyl-a-pyrrolidinopropiophenone (MPPP) and 3′,4′-methylenedioxy-a-pyrrolidinopropiophenone (MDPPP).”

What has been seen with K2/Spice is the U.S. government pushing to ban certain of the synthetic cannabinoids (JWH-018, JWH-073, JWH-200, CP 49,479 and CP 49,479 C8, though they are trying a global sweep of this class by banning anything that binds to the CB1 receptors), but the companies making K2/Spice came out with the same product sprayed with chemicals not covered by state or national bans.

The same pattern is possible with the chemicals in “bath salts” (despite the drug using community moving on from the term “bath salts” it has become the name of recognition for this class of syntethic drugs). The following drugs would likely replace MDPV, Mephedrone and Methylone now that these three are banned nationally. These “chemical cousins include: a-pyrrolidinopropiophenone (a-PPP) little is known about this compound, but it has been detected by laboratories in Germany as an ingredient in “ecstasy” tablets seized by law enforcement authorities; 4′-methyl-a-pyrrolidinopropiophenone (MPPP) is a stimulant drug. It is very structurally similar to a-PPP. MPPP was sold in Germany as a designer drug in the late 1990s and early 2000s, although it has never achieved the same international popularity as its better-known relations a-PPP and MDPV; and 3′,4′-methylenedioxy-a-pyrrolidinopropiophenone (MDPPP) which is a stimulant designer drug. It was sold in Germany in the late 1990s and early 2000s as an ingredient in imitation ecstasy (MDMA) pills. It shares a similar chemical structure with a-PPP and MDPV.

MDPV Timeline

MDPV was developed in the 1960s, and has been used for the treatment of chronic fatigue, but caused problems of abuse and dependence.
1969: Boehringer Ingelheim files a patent application for MDPV.
2005: MDPV appears as a recreational drug; first mention on Drugs-Forum.
2007: First seizure of MDPV as a recreational drug, by customs officials in the German state of Saxony. The drug had been shipped from China.
2008: First seizure of MDPV in the United States.
2009: MDPV made illegal in Denmark.
2010: MDPV made a controlled drug in the UK, Sweden, Germany, Australia and Finland. First reports of the widespread retail marketing of ‘bath salts’ containing MDPV in the US. The US considers both Mephedrone (July, 2010) and MDPV (December, 2010) “a drug and chemical of concern”.
2011: MDPV sale and possession are banned in the US states of Alabama, Arkansas, Delaware, Florida, Georgia, Hawaii, Idaho, Kansas, Kentucky, Louisiana, Mississippi, New Jersey, New Mexico, North Carolina, North Dakota, Oklahoma, Oregon, Pennsylvania, Tennessee, Utah, Virginia, Washington State (as of November 3, 2011), West Virginia, Wisconsin and Wyoming, with legislation being introduced in many other states. The DEA moved to temporarily ban MDPV, Mephedrone and Methylone on October 21, 2011. This ban will last 12 months with the possibility of an additional 6 month extension while the DEA deatermines whether these 3 synthetic stimulants should be permanently classified as scheduled substances.
2012: Permanent US ban is imminent on few, select chemicals. In 2012 the Congress passed the Food and Drug Administration Safety and Innovation Act – Synthetic Drugs, which will list MDPV and Mephedrone, but not Methylone.

The Effects of MDPV/Mephedrone (“Bath Salts”)

“Bath salts” are taken in many forms. Users may snort, shoot, eat or drink them. MDPV is a powerful stimulant that functions as a dopamine-norepinephrine reuptake inhibitor (NDRI). It has stimulatory effects on the central nervous system and cardiovascular system. Physical symptoms include: rapid heartbeat, increase in blood pressure, vasoconstriction, sweating. Mental symptoms include: euphoria, increases in alertness & awareness, increased wakefulness and arousal, anxiety, agitation, perception of a diminished requirement for food and sleep, and intense desire to re-dose. MDPV reportedly has four times the potency of Ritalin and Concerta. MDPV is sometimes labeled online as legal cocaine or legal amphetamines.

The effects have a duration of roughly 3 to 4 hours, with after effects such as tachycardia, hypertension, and mild stimulation lasting from 6 to 8 hours. High doses have been observed to cause intense, prolonged panic attacks in stimulant-intolerant users, and there are anecdotal reports of psychosis from sleep withdrawal and addiction at higher doses or more frequent dosing intervals. It’s addiction potential is not fully known at this time. However, one of the effects of MDPV is an intense desire to redose and there have been online reports from both professionals and users that MDPV is “strongly addicting”.

New research by scientists at the National Institute on Drug Abuse (NIDA) indicates that the active compounds in “bath salts” (mephedrone and methylone) bind to monoamine transporters on the surface of some neurons. This in turn leads to an increase in the brain chemical serotonin, and to a lesser extent, dopamine, suggesting a mechanism that could underlie the addictive potential of these compounds.

Are There Any Dangers Involved in Using “Bath Salts” (MDPV, Mephedrone)

Yes. Until a drug is tested, it cannot be considered safe. MDPV and its ‘chemical cousins’ have not been tested by the FDA and thus little is known as to the harm potential. Some anecdotal stories involving ‘bath salt’ usage and their potential for harm come in news stories from across the nation, local emergency room reports and data collected from the American Association of Poison Control Center.

In 2010 there were 303 calls about MDPV (bath salt) products according to the American Association of Poison Control Centers’ National Poison Data System (NPDS).

As of April 30, 2012 poison centers reported 1007 calls for all of 2012 (6,138 calls in 2011). This shows the trend of how popular this class of drug has become, but it also shows that since the national ban, decreased usage, in the form of poison control center calls, is evident (1,007 calls in the first 4 months of 2012 and 2,027 calls in the same time period of 2011).

Since the National ban MDPV, Mephedrone and Methylone on October 21, 2011, November 2011 saw 231 calls reported, December 2011 – 222 calls, January 2012 – 222 calls, February 2012 – 230 calls, March 2012 – 264 calls, and April 2012 saw 285 calls. This is clear evidence that the national and state bans are having an impact on the use of, and medical necessity reasons to contact emergency rooms, for the chemicals that comprise “bath salts”.

The effects of synthetic cathinones can be wide ranging and in many instances dangerous. Here is a listing of the effects:

  • Aggression
  • Agitation
  • Breathing difficulty
  • Bruxism (grinding teeth)
  • Confusion
  • Dizziness
  • Extreme anxiety sometimes progressing to violent behavior
  • Fits and delusions
  • Hallucinations
  • Headache
  • Hypertension (high blood pressure)
  • Increased alertness/awareness
  • Increased body temperature, chills, sweating
  • Insomnia
  • Kidney pain
  • Lack of appetite
  • Liver failure
  • Loss of bowel control
  • Muscle spasms
  • Muscle tenseness
  • Vasoconstriction (narrowing of the blood vessels)
  • Nausea, stomach cramps, and digestive problems
  • Nosebleeds
  • Psychotic delusions
  • Pupil dilation
  • Renal failure
  • Rhabdomyolysis (release of muscle fiber contents [myoglobin] that could lead to kidney problems)
  • Severe paranoia
  • Suicidal thoughts
  • Tachycardia (rapid heartbeat)
  • Tinnitus

How Legal/Illegal is MDPV, Mephedrone and Methylone (“Bath Salts”) Nationally?

On October 21, 2011 the DEA finalized a move to enact a temporary emergency control (ban) of three synthetic stimulants. The United States Drug Enforcement Administration (DEA) is using its emergency scheduling authority to temporarily control three synthetic stimulants (Mephedrone, 3,4 methylenedioxypyrovalerone (MDPV) and Methylone). Except as authorized by law, this action will make possessing and selling these chemicals or the products that contain them illegal in the U.S. for at least one year while the DEA and the United States Department of Health and Human Services (DHHS) further study whether these chemicals should be permanently controlled. This emergency action was necessary to prevent an imminent threat to the public safety.

On March 1st, the DEA announced the ban of 5 synthetic cannabinoids (JWH-018, JWH-073, JWH-200, CP 47,497 and CP 47,497 C8), however, before the ban was in place, generation 2 of synthetic cannabinoids were already being sold in convenience stores with the makers touting none of the banned substances being in their product.

In Pennsylvania (on June 23, 2011), SB 1006 was passed by the House, Senate and approved by the Governor. This bill SB 1006 bans 6 synthetic stimulants including MDPV and Mephedrone (this PA bill bans the same 6 synthetic stimulants that NJ banned on April, 28, 2011). This bill is also proposing to ban sativa and 8 synthetic cannabinoids and their analogues.

An amendment added to the PA SB 1006 also includes language barring all chemicals that are similar to the substances that are currently found in bath salts, synthetic cannabinoids and 2C (hallucinogens such as 2C-E, 2C-I, 2C-P, 2C-H and their analogues, congeners, homologues, isomers, salts and salts of analogues, congeners, homologues and isomers), and prohibits those chemical compounds from being used to create the same effect as the current bath salts, sytnthetic cannabinoids and 2C chemical structures. This addition to the law will make Pennsylvania’s the strongest such law in the nation.

As historical perspective, these drugs got on the US Government radar in December, 2010, when the DEA published a report listing MDPV as a drug of concern. On February 1, 2011 Gil Kerlikowske, Director of National Drug Control Policy, released the following statement following recent reports indicating the emergent threat of these synthetic stimulants, stating that he was “deeply concerned,” and that “public health officials are working on this emerging issue.” These drugs have been around long before then, and very few of them are being banned 2 years after this first statement by the US Government.

When a federal ban is finally enacted on a drug, it does not mean local authorities will take action on this drug. States still need to enact legislation to ban the substances in order for state (then local) authorities to take action. Federal bans will go after larger distributors, but it will be locally determined as to whether users and smaller, local distributors (such as non-chain convenience stores and gas stations) will be sought after without a state ban.

The Facts: MDPV, Mephedrone, and other synthetic cathinones can cause serious psychiatric symptoms in people who have never exhibited such symptoms prior to usage. This can happen for some, while others will never experience these symptoms under the influence of these chemicals. However, the prevalence of people having abreactions is evident in Poison Control Center data, and in these types of anecdotal stories linked above. For those who have pre-existing psychiatric problems, ingesting these substances can further fracture and intensify these pre-existing psychiatric symptoms, which can be expressed in violent ways by some. There is no evidence of continued “zombiefication” of bath salt users after the drugs have left their system. Thus any zombie like tendencies (i.e., aggression leading to the severe mutilation of oneself or others) that could possibly exist, would only do so while under the influence, and wouldn’t persist after the effects of the drug have left a person’s system. Sorry, no Hollywood zombie apocalypse is evident with “bath salts” ingestion, only tragic consequences.

The Conclusion: “Bath Salts” are man made derivatives (i.e., synthetics) of naturally occurring stimulants, created and popularized by “armchair chemists” driven by profit potential and whose business acumen is much more developed than their chemistry abilities. The people ingesting these substances are what are known as in the gaming community as “beta testers” of products which cause such volatile reactions in some, that this “beta stress test” is obviously failing with oft-times gruesome, tragic (yet sadly “popular” and “trending”) results. But this unfortunately will not stop many from continuing down this path of using these potentially dangerous, untested, unregulated (in terms of the actual making of the drugs), synthetic drugs. Thus while the popularization, and light-heartedness of the “zombie apocalypse” is shedding a new light on the potential dangers of these class of drugs, it is quite possible that message gets lost due to the glib way it is being presented in the (social) media.

If I have been accused of selling or buying “bath salts” in Texas is there anything I can do?

First of all, you will want to immediately seek the legal advice of an experienced criminal law attorney. Only an attorney who works to keep up on current drug laws and trends can help you after an arrest. Do not let recent changes in the law make you vulnerable to being arrested for bath salts possession, use or distribution. Being arrested for any charge involving bath salts will change the course of your life immediately. Depending on the actual charge you may face misdemeanor or felony drug charges, you will face heavy fines, possible probation, house arrest and a possible jail sentence.

It is not advisable to confront these charges by yourself. Please do not hesitate to contact a Houston Bath Salts Defense Attorney to discuss your rights and how to protect them. For experience you can trust, contact the Charles Johnson Law Firm today at (713) 222-7577 to discuss your case. With his many years experience handling drug crimes in Texas he will thoroughly protect your rights, your freedom as well as your reputation.

Download “Charged with Possession of Illegal Bath Salts? Protect Your Freedom by Hiring Houston Lawyer Charles Johnson” in PDF Format

News Stories Related to Illegal Bath Salts Arrests in Texas:

The Houston Lawyer: Highly Effective Defenses For Illegal Drug Charges

Most Respected Houston Criminal Lawyers
If you’re arrested for possession of illegal drugs, whether for private use or with the intention of selling, The Houston Lawyer Charles Johnson will expertly ascertain which defenses may apply for your case should you plead not guilty. Various states deal with the issue of unlawful drugs in various ways, while the federal government has a tendency to have the most stringent drug sentencing regulations. However drug possession defenses are rather standard across state lines. Several defenses challenge the stated basic facts, testimony or evidence within the case, whilst others focus on procedural problems , frequently search and seizure infractions.

The following are several defenses to drug possession criminal charges, several much more typical than others:

Illegal Search and Seizure

The 4th Amendment of the United States Constitution guarantees the privilege to due process of law, such as legal search and seizure methods leading up to a charge. Search and seizure challenges are very typical in drug possession cases. Illegal drugs discovered in “plain view,” including a auto’s dash panel following a legal traffic stop, might be seized and utilized as evidence. Nevertheless illegal drugs discovered within the trunk of a vehicle after prying it open with a crowbar, presuming the suspect didn’t provide authorization, can’t be put into evidence. In the event the accused’s 4th Amendment rights had been breached, then the illegal drugs can’t be utilized at trial and the criminal charges usually are dismissed.

Illegal Drugs Belong to Another Individual

A typical defense to any type of criminal offense arrest would be to merely proclaim that you did not do it. The drug possession equivalent would be to assert that the illegal drugs are not yours or that you simply had no idea they had been inside your apartment, for instance. The Finest Lawyers In Houston at the Charles Johnson Law Firm will compel prosecutors to establish that the marijuana cigarette discovered within the automobile really belonged to their client rather than another individual within the automobile.

Crime Lab Assessment

Merely because it appears to be crack or Heroin does not necessarily mean that it is. The prosecution needs to establish that a seized material is actually the illegal drug it claims it is by submitting the evidence for crime lab analysis. The crime lab analyst then needs to testify at trial in order for the prosecution to prove its case.

Missing Illegal Drugs

Attorney Charles Johnson will make certain prosecutors have the ability to provide the actual illegal drugs for which their client has been arrested. Comparable to the requirement for analysis by a crime lab, prosecutors who misplace or otherwise don’t have the actual drugs risk getting their case dismissed. Seized drugs frequently are transferred a number of times prior to ending up within the evidence locker, therefore it should by no means be presumed that the evidence continues to exists throughout the trial.

Illegal Drugs Had Been Planted

This might be challenging to establish, because a law enforcement officer’s sworn testimony carries a great deal of weight within the courtroom. Moreover, other police officers might hesitate to blow the whistle on a fellow police officer. Nevertheless, Attorney Johnson might file a motion that, if authorized by the judge, demands the department to produce the complaint file of the given police officer. This file references the names and contact details of those that produced the complaints, who might then be interviewed by the lawyer or his private detective.

Entrapment

While authorities are free to operate sting operations, entrapment happens when police officers or informants cause a suspect to commit a criminal offense this individual otherwise might not have committed. If the informant pressures a suspect into giving illegal drugs to a 3rd party, for instance, then this might be regarded as entrapment. Usually, entrapment happens when the state offers the illegal drugs involved.

Do I Need A Criminal Lawyer?

If you’re arrested for any type of of these or some other drug related criminal offense, get in touch with The Leading Houston Criminal Defense Lawyer at the Charles Johnson Law Firm as soon as you possibly can. The consequences of carrying out a drug offense may be very harsh, such as actual jail time, in some cases for several years in significant high profile drug cases. Being found guilty for a drug-related crime could not just harm your personal and professional stature, but may lead to termination from a good job or even the suspension or revocation of one’s professional licenses. It is not whether or not you’ll acquire a criminal defense attorney, rather, it is who you’ll find to handle your case at your most susceptible time.

Do not let drug charges destroy your future. Attorney Charles Johnson will expertly defend drug charges in the courtroom. If you’re struggling with misdemeanor or felony drug possession charges for a drug arrest in Texas, safeguard your legal rights and future. Contact the Finest Attorney in Houston now for a free initial consultation. He will talk to you about your case anytime, day or night.

Houston Lawyer » Arrested for Cocaine Distribution?

Felony charges for drug distribution or possession are the most typical felonies in criminal law.

Finest Houston Lawyer:

If you have been arrested for possession or distribution of illegal drugs, Houston Lawyer Charles Johnson can help you in your effort to clear your record. The federal court structure is well known for the extremely tough penalties for illegal drug cases. Most of these cases are prosecuted as conspiracies and, given that penalties are calculated with the Federal Sentencing Guidelines, low-level dealers may have their sentences increased significantly according to the quantity of illegal drugs having been dealt by their supposed associates. The federal structure is very different in comparison to the state court structure within these criminal matters. These cases will need a legal professional who’s skilled and experienced with the various trial rules and sentencing guidelines. This expertise provides him a significant edge over those attorneys who don’t work on a frequent basis within federal court. Houston Lawyer Charles Johnson has effectively represented numerous customers facing cocaine distribution charges in both the State and Federal courts, and he is able to do the same for you.

Cocaine Distribution in the Houston Area

Houston, Texas is among the most significant illegal drug distribution center within the U. S. It’s a distribution center utilized by many drug traffickers to provide unlawful drugs to main market locations all through the United States as well as to supply dealers located within the Houston HIDTA (High Intensity Drug Trafficking Area) area. Cocaine, Crack, marijuana and, to a lesser extent, heroin, methamphetamine, and MDMA (3,4-Methylenedioxymethamphetamine, also recognized as Ecstacy) are shipped from Houston to main market locations including New York, Los Angeles, Chicago, Atlanta, Dallas, Denver, Detroit, Kansas City, St. Louis, and Philadelphia. As soon as illegal drug shipments are delivered to Houston, they’re frequently stored at nearby stash locations awaiting additional distribution to illegal drug markets. Illegal drug trafficking operations are very susceptible at these stash locations; seizures of unlawful drugs from places where substantial amounts are stashed usually lead to a significantly larger loss for DTOs (Drug Trafficking Organizations).

Houston’s well-developed freeway system, organized financial structure, racial and ethnic diversity, and significant level of worldwide trade contribute towards the area’s role as a main shipment point for unlawful drugs meant for American drug markets and illegal drug profits headed for Mexico. The substantial quantity of drug-related investigations linked with the city demonstrates Houston’s role as an integral national drug distribution and cash laundering center.

Drug Trafficking Organizations, Criminal Groups, and Gangs Defined

Drug trafficking organizations (DTOs) are intricate organizations with exceptionally defined command-and-control structures that transport, distribute, and/or produce substantial volumes of one or more unlawful drugs.

Criminal groups operating within the U. S. are plentiful and consist of limited to moderately sized, loosely knit organizations that disperse one or more illegal drugs at the retail level and midlevel.

Gangs are defined by the National Alliance of Gang Investigators’ Associations as groups or associations of three or more persons with a common identifying sign, symbol, or name, whose members on their own or jointly practice criminal activity that produces an atmosphere of fearfulness and intimidation.

Mexican DTOs are probably the most pervasive organizational menace towards the Houston region. The proximity of their operations to the U.S.- Mexico border along with their access to main drug market locations all through the U.S. have allowed Mexican DTOs to emerge as the most important traffickers within the region, in most locations along the U.S.- Mexico border, and in numerous locations of the United States.

Outlaw Motorcycle Gangs (OMGs), Street gangs, and Prison gangs disperse unlawful drugs at both the retail and wholesale levels within the Houston region. Virtually all gangs within the region use illegal drug trafficking as their primary revenue stream. Even though most gangs distribute drugs on the retail level, a few have developed partnerships with Mexican DTOs that permit them to acquire wholesale quantities of illegal drugs straight from Mexico. These gangs are most prevalent in urban locations, which include Houston, Corpus Christi, and Beaumont, where violence related to their drug and gang related behaviors is often a significant menace to community and law enforcement protection.

As a direct result Hurricane Katrina, interactions among New Orleans and Houston illegal drug traffickers are reportedly growing. Roughly 150,000 Katrina evacuees relocated in the Houston region due to the hurricane. Several of these evacuees had been illegal drug traffickers from high-crime locations of New Orleans and, upon relocating to Houston, developed associations with illegal drug dealers and gang members. Several of these traffickers then returned home to New Orleans, and the connections which they established with these Houston-based drug dealers and gang members have provided them the potential to acquire substantial quantities of illegal drugs straight from associations in Houston.

The distribution and use of unlawful drugs within the Houston region places considerable societal and economic burdens on communities and local, state, and federal agencies. Cocaine in the form of Crack stands out as the principal illegal drug of abuse for numerous drug abusers in metropolitan locations of Houston; this drug has experienced a significant influence on the degree of violent and property criminal activity taking place in a number of communities. Nevertheless, the quantity of marijuana, cocaine, and methamphetamine seized within the region has lessened in recent years. This reduction may be credited, to some extent, to a rise in seizures made prior to the drugs being smuggled across the Southwest Border, increased seizures in South Texas counties that border Mexico, and traffickers’ utilization of alternate routes to smuggle illegal drugs across the Southwest Border.

Cocaine Distribution Defense: Hire the Leading Houston Criminal Lawyer

In Texas, charges for Cocaine distribution are 1st degree crimes, and bring the toughest penalties. Possession of the illegal drug or possession with the intent to distribute the drug, is usually a 2nd degree crime, and can result in substantial penalties, probation and/or imprisonment. Drug distribution is an extremely serious offense. Having said that, as with any drug crime, drug distribution should be placed into the correct context to be able to make certain that charges aren’t excessive. What might seem to be drug distribution might in fact not be, and a competent attorney will see to it that you are furnished a powerful defense all through your criminal arrest.

The quantity of drugs within your possession, just how the drugs are prepared, which drugs are discovered to be on your person, and how many different kinds of drugs you have are typical elements which will be considered throughout a drug distribution case. For example, if many different packaged drugs are discovered within your possession, then it might be assumed that you, similar to a shop, possess a large number of new items prepared to sell. Also, your previous criminal background will play a factor, along with the place that you had been arrested. Getting busted in an area recognized to be visited by drug dealers, for instance, won’t assist your case.

If a person is discovered to be in possession of unlawful drugs, doesn’t seem to be using the illegal drugs himself, and is also acting in a manner that’s suggestive of drug distribution, then police might place that person under arrest on suspicion of drug distribution. Even though other drug charges including possession for sale require that some kind of monetary transaction take place, drug distribution only demands that unlawful drugs are transferred from a single individual to another person. Consequently, protection against these charges may be complex, particularly within the state of Texas. Due to the complexities of Texas law, the most effective plan of action taken by a person charged with drug distribution is retaining the expertise of an seasoned Houston Criminal Defense Lawyer .

Attorney Johnson will analyze the circumstances surrounding your case, and will develop the most powerful defense possible considering the situation. If you need skilled legal assistance now, please do not hesitate to get in touch with the Charles Johnson Law Firm Twenty-four Hours A Day, 365 Days /year to talk about the specifics of your case.

Houston Lawyer » Do You Need A Criminal Appeal?

Leading Houston Lawyer for your Criminal Appeal

What is a Criminal Appeal?

A Criminal Appeal is known as the request from any party in the lower court proceeding to the higher (appellate) court requesting the appellate court to examine and alter the decision of the lower court. If the defendant in the criminal court case is found guilty of a charge or charges, this defendant will have the legal right to appeal that conviction or the penalties or sentencing. It’s common for defendants who have been found guilty to appeal his / her convictions.

Top Houston Criminal Appeal Lawyer: The Charles Johnson Law Firm

The defendant in the criminal trial can appeal right after the individual is found guilty at trial. The truth is, it’s very typical for defendants who have been found guilty to appeal their convictions and/or sentencing. Typically only the defendant in the criminal trial can appeal. The prosecutor cannot appeal if the defendant is acquitted (found “not guilty”) at trial. A prosecutor cannot place the same defendant on trial for the very same charge with the exact same evidence. This sort of retrial is referred to as “double jeopardy.” Double jeopardy is specifically disallowed under the 5th Amendment of the US Constitution. Nevertheless, prior to or during the criminal court trial, the prosecutor might be able to appeal specific rulings, for instance when a judge has ordered that some evidence be “suppressed”. Appeals that occur in the course of a trial are known as interlocutory appeals. Typically, appeals can be quite complex; the appellate court has a tendency to implement technical rules for carrying on with a criminal appeal.

In criminal court cases, the federal court can review a conviction once all of the ordinary appeals have been completely utilized. A defendant who has been found guilty can request one such review in the petition for the writ of habeas corpus , Latin for “you have the body.” Merely a small number of these types of petitions are generally granted. In death penalty legal cases, these types of proceedings have grown extremely controversial. Since the judicial or prosecutor’s error in the death penalty case has such severe penalties, courts evaluate petitions for writs of habeas corpus cautiously.

The procedures of appellate courts encompass the guidelines and procedures through which appellate courts evaluate trial court decisions. The Federal appellate legal courts observe the Federal Rules regarding Appellate Procedure. The State appellate courts adhere to their unique state rules involving appellate procedure. Both in state as well as federal jurisdictions, appeals are normally limited to “final judgments.” There can be exceptions to the “final judgment rule,” such as cases of basic or serious error because of the trial court, questions involving subject-matter jurisdiction of a trial court, or constitutional concerns.

The issues under evaluation in appellate court focuses on written briefs offered the parties. Such complex documents describe the concerns for the appellate court and outline the legal authorities and justifications supporting each individual party’s position. The majority of appellate courts don’t hear oral arguments unless there’s a specific request from the parties. Few jurisdictions permit oral argument as a matter of course. Where it’s permitted, oral argument is supposed to describe legal issues offered in the briefs and attorneys tend to be constrained to keep their oral presentations stringently for the issues on appeal. Typically, oral arguments are subject to a rigorously enforced time frame. This time restriction may be expanded solely upon the discernment from the court.

Where are Appeals Filed?

Generally, people can only file an appeal using the next higher court within the same system that the case begun. For instance, in the event that individuals wish to file any appeal from a decision in the state trial court, usually they could file their appeals just to the state intermediate appellate court. A party who loses at appeal can next appeal to the subsequent higher court within the system, normally the state supreme court. The state’s highest court is virtually always the last word on issues regarding that state’s law.

How Much Does a Criminal Appeal Cost?

To tell the truth, numerous appeals are often very inexpensive. If your appeal is centered on a single plainly defined issue of law, and all parties have organized strong briefs, could cost very little to appeal. However, appeals which include statements that the judgement had been contrary to the weight of the evidence generally will need both the printing of the entire trial history and intensive examination as well as briefing. These kinds of appeals are fairly expensive as they possibly require considerable amounts of attorneys’ time. Furthermore, they often times end up being significantly less successful.

Houston Criminal Appeal Lawyer: The Charles Johnson Law Firm

Managing the criminal appeal process is tough and time-consuming. Houston Lawyer Charles Johnson will help you prepare your strategy. Contact us now for a no cost preliminary consultation.

Houston Criminal Defense Lawyer » Arrested for a Drug Manufacturing Crime? Here are Methods to Beat It.

Most Dedicated Houston Drug Crimes Attorney Charles Johnson

Virtually all drug charge convictions bear severe consequences, but the state of Texas makes every effort to crack down on drug manufacture cases. From meth laboratories to marijuana grow houses, in the event you or a loved one faces criminal charges surrounding the cultivation of drugs; you need to speak to the Finest Houston Attorney at the Charles Johnson Law Firm prior to taking any sort of legal action on your own.

The Top Houston Drug Crimes Attorney Charles Johnson will have many years of experience protecting the accused within the courts throughout Texas and is going to be willing to respond to your questions and reduce the damages facing you following your drug manufacture arrest.

When you initially step into their office, the Top Houston Drug Crimes Attorney at the Charles Johnson Law Firm will talk about your case, talk about what happened, and how the criminal charges you face might be affected by a prior criminal record. Listening to your side of the story, they’ll help you explore any and all potential defenses.

Understanding your side of the story is important. They will tell you about the court in which your charges are being heard. In all instances, they will want to hear your side of the story before beginning to fully evaluate your choices.

Hire The Recommended Houston Drug Crimes Attorney at the Charles Johnson Law Firm

Texas defense attorneys see many drug distribution cases due to the sheer volume of interstate highway traffic. Sadly, it’s all-too-easy to move drugs along the interstate highway system in all directions. In particular within the Houston area, our law enforcement officers have noticed patterns when searching for drug traffickers. It is common for vehicles to be stopped along northbound interstates and for big amounts of drugs to be found. When suspect automobiles are stopped heading southbound, big amounts of currency are occasionally found. Whether the criminal arrest will be sale, distribution, or drug trafficking depends upon the kind and also the amount of drugs in question. However the difference you face in penalties is substantial.
A first degree felony drug conviction usually results in a minimum five-year prison term, but in large-scale drug manufacturing or drug distribution cases, jail terms can jump to a minimum of 15 years.

If excessively big sums of U.S. currency are found inside your vehicle (or perhaps a vehicle you are riding in), you may face charges of money laundering. Amazingly, the penalties at the federal level for possessing big amounts of money are similarly severe to those for possessing big amounts of drugs.

You might also discover yourself dealing with conspiracy charges, something federal prosecutors might add on to drug crime cases.

The Recommended Houston Criminal Defense Attorney Charles Johnson will have handled numerous state and federal drug cases in Texas courts, from drug manufacturing cases involving meth laboratories and marijuana grow houses to international drug trafficking. No case is too big or complicated for their firm to handle.

Seizure of Assets

Law enforcement officers doing drug interdiction work have the legal right to seize assets that had been utilized in furtherance of a criminal offense or purchased using the proceeds of criminal activity. This indicates they not only confiscate drugs; they also seize money, cars, boats, various other personal property and even real estate. The police or law enforcement agency is able to then sell the assets and keep the proceeds or just keep the property altogether for their own purposes. This is especially typical with vehicles.

Asset forfeiture sometimes goes too far, with the police taking property that doesn’t belong to anybody charged with the criminal offense, property and assets that in fact belongs to totally innocent family members or third parties. The Most Dedicated Houston Drug Crimes Attorney at the Charles Johnson Law Firm handles asset forfeiture cases, helping customers fight to recover seized assets .

Creating Your Drug Manufacture Defense

Most drug manufacturing criminal charges, whether they involve marijuana or methamphetamines, are heard in state court. Quite often, marijuana grow houses and meth houses are discovered following informants report activities to the authorities.

If you have been turned in by a third party, the Best Houston Drug Crimes Attorney at the Charles Johnson Law Firm will attack the reliability of the source. Nevertheless, in every case the quality of the evidence is different. That is why we analyze possible actions on a case-by-case basis.

Contact the Recommended Houston Drug Crimes Attorney Charles Johnson for a free consultation. They’ll fight hard to protect your rights throughout the legal process.

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