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Arrested for DWI in the Houston Area? Houston DWI Lawyer Charles Johnson

Finest Houston Criminal Defense AttorneyThe Charles Johnson Law Firm provides the highest level of representation in assisting our clients through the rigors of a DWI case. After you are charged with DWI in the Houston area, you are confronted with an unpleasant truth: anyone who drinks and drives is subject to arrest, whether or not they are actually affected by alcohol. However, being charged does not mean being convicted. Contact Houston DWI Lawyer Charles Johnson directly anytime day or night at (713) 222-7577 to discuss your case.

 

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

When someone gets arrested for a DWI, they get a lot of advice from almost everyone around them; friends, family, co-workers, and sometimes even the arresting officer gives you advice about what to do. It probably seems like everyone has a different answer for what is “the best thing to do.” And then you may have received some annoying letters from attorneys who do not even know you, some of which can be very intimidating, frightening, or just plain obnoxious.

The fact is that no two DWI’s are alike, because penalties and options vary depending on the facts of what happened, your prior record, the county and city you were arrested in, and the status of your driver’s license.

To get superior DWI representation, you need the best of these three things:

KNOWLEDGE.
The Best Houston DWI lawyer will be familiar with the city and county of your offense and should know how that jurisdiction treats DWI cases like yours. Houston Lawyer Charles Johnson is aware of the current DWI statutes and case law, which changes all the time. Finally, your DWI lawyer should take the time to know about your situation so the goals of your case suit your individual needs.

STRATEGY.
DWI cases are not easy to win, and the justice system is not about to do any favors for DWI offenders in today’s anti-DWI society. An effective strategy is one that preserves every possible opportunity to impact the various penalties you will be facing. That is the key to superior DWI Defense Strategy: preserving and taking advantage of opportunities. Whether it is for purposes of arguing the issues of your case, negotiating a settlement, or controlling the timing of the penalties you will be facing, a solid strategy will help you come out of this with as little damage as possible.

DEDICATION.
The Best Houston DWI Attorney will devote an adequate amount of time and resources to your defense. You do not want an attorney that does not take the time to explain the ins and outs of your case to you every step of the way. You DO want a DWI lawyer who is passionate about defending DWI cases. Our DWI clients have taken advantage of our Knowledge, Strategy, and Dedication for honest solutions to their DWI problems. Don’t let another day go by before you start working on your case. Contact the Best Houston DWI Lawyer Charles Johnson today at (713) 272-4586 for a free case evaluation.

About DWI in Texas

In Texas, the legal limit for intoxication is .08 BAC. If an officer thinks your driving is impaired, you can still be stopped and arrested for DWI regardless of your BAC. Penalties get worse with every DWI offense.

Texas is a national leader in many areas―unfortunately, one of these is in the number of accidents and deaths related to driving while intoxicated (DWI). Each year, thousands of Texans are involved in this tragedy; about 2,000 of them die.

Texas is also a zero-tolerance state for underage drinking; any detectable amount of alcohol in drivers under 21 is a crime. Yet young drivers account for many alcohol-related traffic accidents, and the age group with the most violations and accidents are those between 21 and 34. Remember, teens and young people are actually more prone to reaching higher alcohol concentrations more quickly than older drinkers. Size and body weight also play a role. Big Uncle Fred may be able to toss back those shots of tequila and maintain an allegedly safe BAC but younger, smaller people may not be able to accomplish this feat.

While a DWI conviction requires a BAC of 0.08% or above, any driver can be cited for “driving while impaired” by drugs or lower concentrations of alcohol.

Texas DWI Penalties for Drunk Driving

Driving while intoxicated, first offense, is a Class B Misdemeanor that is defined at Texas Penal Code §49.04. That provision states that, “A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place”.

This definition sets forth the elements that must be proven to sustain a conviction.  Those elements are:

  • The defendant, on or about a particular date
  • Was operating a motor vehicle
  • In a public place (street, highway, beach, parking lot, etc)
  • In a particular county
  • While intoxicated The Texas legislature has specifically defined the term “intoxication”, as that term is used for prosecution of DWI cases {Texas Penal Code §49.01(2)}

In addition, there are two definitions to encompass those who do or do not submit to chemical testing:

1) “not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or

2) having an alcohol concentration of 0.08 or more.”

It is important to note that the law provides for intoxication by the introduction of any intoxicating substance into the body. This is designed to make our roadways safe from dangerous drivers.

Typically, proof at trial is restricted to alcohol unless some statements or other indications suggest that the driver has become impaired by some other substance.  Equally as important, being on prescription drugs is not a defense to a DWI prosecution. If the label suggests that ingestion will impair one’s ability to operate a motor vehicle or machinery, taking such medicine and driving may subject you to DWI arrest and conviction.

At trial, the State therefore may prove intoxication in three (3) different ways:

  • not having the normal use of physical faculties OR
  • not having the normal use of mental faculties OR
  • having an alcohol concentration of 0.08 or more

The jury does not have to be unanimous on the manner and means of intoxication, only that the person was intoxicated.

Plus, intoxication must occur and be proven to occur while driving. Many other States provide for prosecution of a “lesser included” offense other than DWI (i.e. reckless driving, impaired driving, driving under the influence, etc.). Texas however has no lesser included offense of DWI. Some counties offer plea bargain agreements to other charges than DWI, but they are the exception and not the rule.

Classifications and Range of Punishment for DWI Conviction

DWI, 1st Offense:  Class B Misdemeanor in Texas

Fine

A fine not to exceed $2,000.

Jail

Confinement in the County Jail for a term of not less the 72 hours nor more that six (6) months.

Open Container

If there was an open container of alcohol in your car when arrested, the minimum term of confinement is six (6) days in the county jail.

Community Service

Texas law mandates that a judge order not less than 24 hours nor more than 100 hours.

Absent unusual facts, most persons convicted of a first offense DWI are granted community supervision (“probation”) of any confinement ordered. The general length of DWI probation is from 1-2 years. There are also conditions of community supervision ordered that are fairly standard in most courts. Typical conditions imposed are: Drug/Alcohol Evaluation. A person convicted of DWI will be required to submit to evaluation for probability of committing DWI in the future and/or to disclose a potential problem with alcohol or drug abuse. If a problem is detected, additional terms and conditions of probation are ordered to be administered through the Community Supervision Department. Attend and complete an approved DWI Education class within 180 days from the date of conviction (Satisfying this requirement will avoid the one (1) year drivers license suspension, unless if you were a minor (under 21) at the time of the offense.) Attend and complete a Victim Impact Panel. This is a forum that presents victims of drunk drivers to address persons convicted of DWI and warn of the dangers and perils of driving while intoxicated. Work faithfully at suitable employment, commit no other crimes, remain at the same residence and employment unless notification is given to the community supervision officer, report monthly to the supervision office, pay all fines and costs in a timely manner. Pay a monthly supervisory fee. Perform a specified hours of community or volunteer service.  NOTE: If convicted, you will be given an Order Granting Probation. This Order will be specific and unique to your case and fully sets forth the terms and conditions of your probation which apply to you. It is the blueprint for your probation.

Additional Conditions of Probation that may be Ordered:

If your case presents unusual facts (accident, alcohol problem, prior alcohol contacts, bad driving record etc.), additional conditions may be ordered. Most conditions are designed to address a problem that appears from the facts or alcohol/drug evaluation that is performed on the subject after conviction. Again, a specific order is given after each conviction. The following list is only a general discussion of conditions that have been imposed in some DWI cases in my experience and may not apply to you.

Deep lung air device

This provision requires that you install and maintain a device on any car which you intend to drive during probation. The device requires a breath sample before it will allow your car to start. Some devices require periodic breaths while driving. This condition is sometimes recommended after an unfavorable drug/alcohol evaluation during a first-offense probation, and is almost always ordered as a condition of bond on a subsequent offense arrest.

Alcohol Treatment

Attendance at AA or other counseling programs offered through the probation department. In extreme cases outpatient programs may be ordered. This condition is recommended after an unfavorable drug/alcohol evaluation.

Consume no alcohol

Most courts require that a person not consume any alcohol during probation. This provision is monitored by periodic and random urinalysis at the probation office. Some courts will not even allow a probationer to enter a bar, tavern or lounge where alcohol is sold and consumed.

Confinement

Again, in some extreme circumstances, the Court may order that a DWI offender serve confinement in the county jail as a condition of being granted probation.

Restitution

If there was an accident followed by a DWI arrest, and if your insurance company has not paid damages to the other party, restitution of any unpaid amounts will be ordered by the Court as a condition of probation.

Enhanced Penalties (Prior alcohol or drug related criminal history)

Under Texas law, if it is shown that a person has been previously convicted of DWI, the punishment and penalties after conviction are increased or enhanced. The prior DWI conviction must have occurred within ten (10) years of the present arrest for DWI. Additionally, if a person has any prior DWI conviction within the previous ten year period (measured from dates of arrest), the State is then allowed to use any prior DWI conviction since obtaining a drivers license to enhance the accusation to a DWI, third offense. NOTE: Texas can use prior convictions that have occurred in other states for enhancement of punishment.

DWI, Second Offense: Class A Misdemeanor Special Condition for Jail Release on Bond:

It is important to note that if arrested and accused of a DWI Second or greater offense, Texas law now requires the Court to Order as a CONDITION OF RELEASE FROM JAIL ON BOND, that the person install and maintain a deep lung air device on the car that the person intends to drive and operate while charges are pending. The device requires a breath sample before it will allow you to start your car. They also require periodic breaths while driving to monitor and insure sobriety. New technology has made these devices “user sensitive” so that someone else cannot blow into the device for the driver.

Although this provision seems to run afoul of the presumption of innocence, Texas Courts have consistently held that such condition is necessary to protect a legitimate governmental interest in making public roadways safe for the motoring public.

Fine

A fine not to exceed $4,000.00.

Jail

Confinement in the County Jail for a term of not less than 72 hours nor more than one (1) year.

Community Service

Texas law mandates that a judge order not less than 80 hours nor more than 200 hours.

Deep lung air device

Typically deep lung devices are required for all DWI second offenders during probation.

Suspension of license

A person convicted of DWI, Second may have their driving privilege suspended for not less than 180 days or more than two (2) years.

DWI, Third Offense (or greater): Third degree FELONY

Fine

A fine not to exceed $10,000.00.

Jail

Confinement in the Texas Department of Criminal Justice, Institutional Division (Penitentiary) for a term of not less than 2 years nor more than ten (10) years.

Deep lung air device

Deep lung air devices are generally ordered on all persons convicted of three or more DWI’s both as conditions of bond and as conditions of any occupational or provisional licenses that may be awarded after conviction.

Community Service

Texas law mandates that a judge order not less than 160 hours nor more than 600 hours.

Suspension of license

A person convicted of DWI, Second may have their driving privilege suspended for not less than 180 days or more than two (2) years.

Other

A third conviction for DWI indicates a significant problem with alcohol to the Court or jury assessing punishment. Some type of rehabilitative treatment is therefore mandated in punishment if confinement in the penitentiary is to be avoided. In some cases an in-patient, incarceration program (Substance Abuse Felony Probation SAFP) is ordered. This program requires confinement in a State Facility for alcohol rehabilitation. After successful completion of the SAFP program, the person is then released and placed on probation for a term not to exceed ten (10) years. Another popular condition for habitual DWI offenders is a prescription for a drug named “Antabuse”. This drug will make a person violently ill if any alcohol is consumed. The alcohol can be contained in mouthwash or marinated food and will still have the same effect on the user. If a person has any type of liver problems, this drug can cause liver failure and death.

Texas law does not provide for any increased punishment after DWI, third offense. If a person presents a DWI, fourth offense or beyond, the typical punishment is confinement in the penitentiary from two (2) to ten (10) years without probation being granted. In some cases SAFP may be granted upon proper request and showing that it is appropriate.

Intoxication Assault

Third degree Felony “A person commits an offense if the person, by accident or mistake, while operating a …. motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another” {Texas Penal Code §49.07}. ” ‘Serious Bodily Injury’ means injury that creates a substantial risk of death or protracted loss or impairment of the function of any bodily member or organ”.

Fine

A fine not to exceed $10,000.00.

Jail

Confinement in the Texas Department of Criminal Justice, Institutional Division (Penitentiary) for a term of not less than 2 year nor more than ten (10) years.

Community Service

Texas law mandates that a judge order not less than 160 hours nor more than 600 hours.

Intoxication Manslaughter

Second Degree Felony “A person commits an offense if the person:

1) …operates a motor vehicle in a public place, and…

2) …is intoxicated and by reason of that intoxication causes the death of another by accident or mistake.”

Fine

A fine not to exceed $10,000.00.Jail: Confinement in the Texas Department of Criminal Justice, Institutional Division (Penitentiary) for a term of not less than 2 year nor more than twenty (20) years.

Community Service

Texas law mandates that a judge order not less than 240 hours nor more than 800 hours.

NOTE

If a person is involved in an accident where there is risk of death or death, a mandatory blood sample will be taken for analysis and use in the prosecution of either Intoxication Assault or Intoxication Manslaughter.

Administrative License Revocation (ALR) Program

What is an ALR Hearing?
Many Texas drivers who are arrested for driving while intoxicated (DWI) do not realize that a DWI arrest creates two separate cases, one civil and one criminal.

Specifically, a DWI arrest results in both a criminal charge, and usually initiates a civil proceeding against the arrested driver’s driving privileges called an Administrative License Revocation, or ALR.

An ALR suspension is initiated against an arrested driver when he either refuses to submit to breath or blood testing, or alternatively, fails a breath or blood test. The legal authority to impose an ALR suspension against a driver lies in the Texas implied consent statute.

This law states that each person who operates a motor vehicle on Texas roadways has given his or her implied consent to provide a specimen of breath or blood if arrested for DWI and provided with the applicable consequences of refusing to submit to testing.

Notice of ALR Suspension
Many police officers, after arresting a citizen, will tell the arrested driver that if he does not agree to take a breath or blood test that his license will be automatically and immediately suspended.

This is incorrect. When making an arrest for DWI, peace officers are required to take possession of any Texas license issued by this state and held by the person arrested and issue the person a temporary driving permit that expires on the 41st day after the date of issuance. Further, a request for a hearing to challenge the proposed suspension will delay any ALR sanctions until a hearing takes place.

Hearing Request Provisions
ALR suspensions are automatic unless you request a hearing to challenge the suspension, in writing, WITHIN FIFTEEN (15) DAYS after receiving notice of suspension from the arresting agency on a Department of Public Safety approved form. This document is generally received on the day of arrest.

If a hearing is not requested in a timely manner, the suspension will automatically begin on the forty-first (41st) day after notice was received. If a hearing is requested, no action will be taken regarding suspension until after the hearing has taken place, even if the hearing takes place more than forty days after the arrest.

The ALR Hearing
The burden of proof at an ALR hearing is on the Department of Public Safety. Once a driver or his attorney has made a timely request for an ALR hearing, no suspension may be imposed against the driver until the Department of Public Safety proves the following elements by a preponderance of the evidence at the hearing:

  1. That there was reasonable suspicion to stop or probable cause to arrest the driver;
  2. That probable cause existed that the driver was driving or in actual physical control of a motor vehicle in a public place while intoxicated;
  3.  That the driver was placed under arrest and was offered an opportunity to give a specimen of breath or blood after being notified both orally and in writing of the consequences of either refusing or failing a breath or blood test; and
  4. That the driver refused to give a specimen on request of the officer, or, that the driver failed a breath or blood test by registering an alcohol concentration of .08 or greater.

Suspension Provisions for Adult Drivers
Without any prior alcohol or drug related contacts against the accused driver during the previous 10-year period, your license will be suspended for 90 days if your chemical test result is over a 0.08% or 180 days if you refuse a chemical test. If you have a prior alcohol or drug contact within ten years, your license will be suspended for one year if your chemical test is over 0.08% or 2 years if you refuse a chemical test. In certain circumstances you may be eligible for an Occupational License.

Possible Defenses for DWI Charges

In deciding which defenses could apply in your driving while intoxicated (DWI) case, Houston Drunk Driving Lawyer Charles Johnson will look at all the evidence produced by the police and interview witnesses. Some common defenses seen in DWI cases include:

Driving Observation Defenses
The prosecutor always relies (sometimes exclusively) on the arresting police officer’s testimony about how a DWI suspect was driving, including:

  • Very slow speeds
  • Uneven speeds (very fast, then very slow, for example)
  • Weaving from one side of a lane to the other
  • Crossing the center line of the highway
  • Running a red light
  • Hesitation in going through a green light

A good defense attorney will argue that there are many different explanations for these driving behaviors that don’t have anything to do with being alcohol-impaired.

Behavior Observation Defenses
An officer may also testify as to a DWI suspect’s appearance and behavior when questioned, including:

  • Slurred speech
  • Bloodshot eyes
  • Inappropriate joking or incoherent speech
  • Stumbling or not being able to walk very far
  • Pupil enlargement

Defenses to these observations that don’t have anything to do with being intoxicated may include:

  • Lack of sleep
  • Allergies
  • Contact lenses
  • Stress due to personal circumstances
  • Medications
  • Foods recently ingested
  • Nervousness over being stopped by police
  • Physical impairments
  • Field Sobriety Test Defenses

When an officer suspects you may be too intoxicated to drive, he or she will likely ask you to perform what are called “field sobriety tests.” These tests are designed to assess your physical and mental alertness, and can include:

  • Walking a straight line
  • Walking backwards
  • Reciting the alphabet, frontwards or backwards
  • Standing on one leg
  • Officers also sometimes rely on what’s called a “nystagmus” test, in which the suspect is asked to shift eye gaze from one side to the other while the officer shines a light in his or her eyes. The theory is that the gaze of someone who is impaired by alcohol or drugs will be jerky rather than smooth.

The defenses to field sobriety tests are often the same as with officer observations. Medications and lack of sleep can make it considerably more difficult to perform these tests. Many people also have physical impairments caused by injuries – or simply aging -that make it impossible to perform these tasks under ideal conditions.

The Best Houston Lawyer will cross-examine the arresting officer in detail as to whether the officer asked you if you had physical impairments or there were particular circumstances that would make it difficult to perform the tests. He may also point out to the jury that many jury members may have similar difficulties performing the tests, such as by asking the jury if they could recite the alphabet backwards under the best of circumstances.

Blood Alcohol Content Defenses
When you consume alcoholic drinks, the alcohol is absorbed into your blood stream. The level of alcohol in your blood, called the Blood Alcohol Content (“BAC”) can be measured by different tests. In all states, you’re presumed to be drunk and unable to safely operate a vehicle if your BAC is .08 or greater. This measurement means that your blood contains eight/ one-hundredths percent of alcohol.

All states have lowered the BAC level defining intoxication to .08, and have “zero tolerance” laws that make it illegal for people under 21 to operate a vehicle with little or no amount of alcohol in their blood.

Many states also have more severe DWI or DUI penalties for driving with a high BAC, which is often defined as a level measuring more than .15 to .20.

Your BAC can be determined from a blood draw, which is often automatically taken if you are involved in an accident and there is a suspicion that you may have been drinking. Your blood will also be drawn if you are taken to the hospital because the police are concerned that you may have had so much to drink that you are in danger of alcohol poisoning and should be hospitalized for observation and/or treatment.

Most DWI suspects have their blood tested by blowing into a breath testing device. These devices can be faulty and not well-maintained or properly calibrated. They can register false results based on your consumption of food and other non-harmful substances other than alcohol or drugs.

The Best Houston DWI Lawyer will likely subpoena police records on how the breath testing machine operates and was maintained and calibrated. He may also want to bring in expert testimony that the particular breath testing machine the officer used is notorious for malfunctioning.

Depending on the jurisdiction, another defense to breath testing machines arises when the physical breath tests aren’t preserved as evidence, allowing for independent testing later. Your attorney can argue that there’s no way to know if the machine that was used was accurate, if your breath samples can’t be independently tested.

Many of the defenses against DWI charges require a lawyer’s expertise and experience. If you have been arrested for a DWI offense in Texas, do not try to handle the legal situation yourself. Contact the experienced and respected Texas DWI defense attorneys at the Charles Johnson Law Firm right away to make sure that your rights are protected.

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

Arrested for DWI in the Houston Area? Houston DWI Lawyer Charles Johnson
by Charles Johnson

Houston Lawyer: Charged with a Methamphetamine Offense?

Whether you are currently under investigation for a drug crime involving Methamphetamine or have already been arrested, it’s important to retain criminal defense representation from a skilled Houston Lawyer. Texas has some of the most stringent illegal drug laws in the country, and the police and prosecutors involved with your criminal case aren’t going to let you off easy. By working with an attorney who has considerable knowledge, expertise, and practice of this type of criminal law, your odds of resolving your case effectively increase greatly. Houston Lawyer Charles Johnson will be by your side during this difficult time in your life.

Leading Houston Criminal Lawyer

Methamphetamine is the illegal drug with the fastest growing rate of abuse in the United States. More U.S. counties (48%) report that meth may be the principal drug problem in the country – more than cocaine (22%), marijuana (22%) and heroin (3%) put together. Meth laboratory seizures have increased 577 percent nationwide since 1995. Methamphetamine, also known as “speed,” “crank,” “chalk,” or “ice” among many others, has been hooking people for years. But illegal production and use of the hugely addictive stimulant have exploded in the last few years, spawning what some authorities call America’s first rural drug epidemic. Methamphetamine is a strong stimulant that can cause a high that lasts from six to Twenty four hours. Once favored mainly by West Coast bike gangs, methamphetamine is now spreading across the nation. As outlined by US government surveys, treatment for meth addiction has more than quadrupled since 1993. Greater than 12 million men and women above the age of 12 have experimented with methamphetamine, including one out of 10 adolescents (according to the US Centers for Disease Control and Prevention).

What exactly is Methamphetamine?

Methamphetamine is an extremely addictive stimulant that directly has an effect on the pleasure centers within the brain. With repeated use of meth, it turns off the brain’s capacity to produce dopamine which simply leaves the users of methamphetamine incapable of enjoying anything but more methamphetamine. Methamphetamine is usually smoked, injected intravenously, snorted, or perhaps ingested orally. The drug alters mood in different ways, dependent on how it is utilized.

Meth is known to raise the user’s heart rate, blood pressure, temperature, and respiratory rate, a reduction in appetite, sleep, reaction time, and lung function. Extended use of meth can result in a number of conditions for example “meth mouth”, depression, amphetamine psychosis, obsessive scratching, anorexia, unfavorable social behavior, every type of child neglect, neglect of hygiene and property, prenatal exposure, dangerous sexual tendencies associated with the spread of HIV and also STD’s, aggressive behavior, criminal actions, and death from the collapse of the cardiovascular system and/or bleeding in the brain, cardiac arrest or hypothermia. Moreover, there are many side affects related to overdose which include death, brain damage, feelings of flesh crawling bugs connected with compulsive picking and infecting lesions, muscle breakdown producing kidney failure, hallucinations, delusions, along with paranoia. These terrible conditions linked to meth don’t even include the many accidents and deaths that could occur during the cooking process due to fires, explosions, and getting into contact with extremely dangerous chemical substances typically while the user is under the influence.

Forms of Methamphetamine

Meth is known as a central nervous system stimulant with a significant potential for abuse and dependency. A synthetic illegal drug, Methamphetamine is closely related chemically to amphetamine, yet creates increased effects on the central nervous system. The drug’s euphoric effects are comparable to, but longer lasting than those from cocaine. It typically comes in three forms:

Powder: a white, odorless, and bitter-tasting crystalline powder, readily soluble in water or alcohol.

Top Houston Criminal Attorney

Crystal: Users will smoke chunks of a very pure form of crystalline Methamphetamine called “Ice”.

Top Houston Criminal Attorney

Rock: Big chunks of the drug, typically found in yellow, are usually ingested orally.

Top Houston Criminal Attorney

Signs and symptoms of Methamphetamine Addiction

Users can become hooked the first time they take meth, and the addiction is probably the most challenging to treat. People who take methamphetamine may become aggressive and paranoid, and the drug may cause heart attacks and death.

Addicts are typically chronic methamphetamine abusers completely preoccupied with avoiding the “crash”, a period of low energy and deep depression occurring after the individual stops using the drug. Throughout the crash, an individual often sleeps, even up to several days at a time, leaving kids unsupervised.

Methamphetamine dependency is quick, and so is the deterioration within the individual’s family and way of life. Drug tolerance to methamphetamine builds up quickly, and the user typically continues his impairment from abusing other drugs or alcohol, an activity referred to as “tweaking”, to ease the extremely unpleasant feeling after a binge. The tweaker is frequently paranoid and experiences a period of delusions and hallucinations during which violent reactions to otherwise harmless stimuli are routine. Frequently, it is children that happen to be in the way.

The horror of meth abuse just cannot be overstated.

Methamphetamine abuse consumes the quality of life and destroys individuals. In the series of photographs below, the female depicted was 38 years of age when she died. Incredibly, she is actually still living in the last photograph. Each photograph represents about Eleven months.

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History of Methamphetamine

Methamphetamine was first produced in Germany in 1887, but not for the recreational use that we find nowadays. It was produced to deal with various types of depression, weight control (obesity), narcolepsy, and alcoholism. In the Second World War, Methamphetamine was widely used by Nazi soldiers. Hitler’s troops, aviators, and tank crews received chocolate laced with Meth frequently. Following the war, through the 1970′s, the drug was commonly used primarily for medicinal reasons and one could acquire a legal prescription of Methamphetamine. It was not until the 1980′s that we started to see Meth being produced for recreational uses. By the mid- 1980′s we started to notice meth being manufactured illicitly in Texas, and since then, the illicit manufacturing of meth has spread like wildfire.

Challenges for Law Enforcement

The addictive character of meth generates numerous difficulties for law enforcement. People commonly become addicted from a single use of the drug and discover it almost impossible to later cease using meth. Users, dealers and traffickers often target adolescents to start using meth. The DEA has found evidence of this from the increase in availability of flavored methamphetamine. Flavors including strawberry or “strawberry quick,” cola, and chocolate flavored meth have been found by bodies in California, Nevada, Washington, Idaho, Texas, New Mexico, Missouri, and Minnesota.

Safety factors are also a huge obstacle for law enforcement if they happen to find a covert methamphetamine lab. It is a common practice for small meth lab operators to encircle their laboratories with booby traps, meant to seriously harm trespassers. Many of these booby traps include rigged shot firearms behind doors and refrigerators, traps that release harmful fumes, and even poisonous snakes.

Individuals who violate the law by manufacturing, possessing, or distributing methamphetamine frequently break the law in other ways also – because of or in support of their meth addiction. Many law enforcement agencies will point to the connection between meth manufacturers and meth addicts and criminal acts including: homicide, domestic assault, illegal possession of weapons, theft and identity fraud.

Methamphetamine Defense: Hire the Top Houston Lawyer

Whatever illegal drug charges you are defending, it’s of the utmost necessity that you retain the services of The Top Houston Criminal Defense Lawyer who will battle to avoid the severe penalties that are the consequence of drug-related conviction. Even if it’s your initial criminal offense, you could have to deal with a mandatory jail sentence, as well as considerable fines and a felony on your record.

The attorney you hire to defend you can easily make a big difference in whether you win your court case and steer clear of a life-altering conviction. Nonetheless, in a city like Houston, TX, finding the right Houston Lawyer can be challenging. When looking for a Houston drug defense lawyer to handle your court case, you ought to locate a lawyer who’s experienced, but who can also come up with innovative defense tactics for battling your criminal charges. Ultimately, many lawyers are familiar with what the law states, but Lawyer Johnson is skilled at utilizing his understanding of the law to come up with unquestionably inventive and effective ways to defend his clients against their criminal charges.

If you or a loved one has been arrested for an offense associated with Methamphetamine possession, manufacturing or distribution in Houston, obtain the support of Houston Lawyer Charles Johnson as soon as possible.


Houston Methamphetamine Lawyer

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Related News Stories – Methamphetamine Arrests in Houston, Texas

False Allegations of Sexual Assault of a Minor: Guilty Until Proven Innocent by Houston Sex Crimes Lawyer Charles Johnson

Charles Johnson: Best Houston Criminal Defense Attorney

Texas takes cases of sexual assault against a child very seriously. If the state can prove that an act involving a child was for the perpetrator’s sexual gratification, it is considered a sex crime. If there was physical contact involving sexual penetration or intrusion between the child and the accused, a sexual assault charge is likely.

Sexual allegations where children are involved are delicate and complicated cases to defend. This type of sexual accusation can be devastating in every aspect of your life. The presumption of innocence in our legal system may do little to protect those accused. Indecency with a child, like other sexual allegations, is one area where accused people often find they are put in a position where they have to prove their innocence. You cannot allow embarrassment to keep you from getting a skilled criminal defense attorney on your indecency case IMMEDIATELY. Every minute you wait, there is potentially more damage being done to your life and potentially more false evidence being collected to prosecute you. Early on in a sex related case investigation and legal protection is imperative. Charles Johnson, Houston Sex Crimes Lawyer, will handle your case with discretion and skill. He will fight to keep you out of jail, keep your reputation intact, and fight to keep your life from falling apart.

It is well established and understood by experts that many accusations of indecency with a child and sexual assault of a child are false. Many are grossly exaggerated. The reasons giving rise to false accusations of such conduct are varied. A child can imagine or dream such an incident. Perhaps the child was abused by another previously and misinterpreted and then exaggerated innocent incidental contact. Children have been known to fabricate such accusations because they were angry at the accused or were jealous, even for the most trivial reasons. Children can be led to make such claims by another angry or jealous adult, such as the accused’s spouse or lover. They are too young to comprehend how grave such a false accusation can be.

Under Texas law, a sexual encounter with a child or sexual contact with a child is either Indecency with a Child, Sexual Assault of a Child, or Aggravated Sexual Assault of a Child, depending on the nature of the incident or contact.

Indecency with a Child. Allegations of certain types of sexual contact with a child, exposure to a child or causing the exposure of a child, who is under the age of 17, can lead to charges of Indecency with a Child. Such an offense may be a second or third degree felony. A defense may exist where, in such an incident, no duress, force or threat was used and the accused was not more than three years older than the child at the time.

Sexual Assault of a Child. If more violative and egregious contact is alleged, the accused may be charged with Sexual Assault of a Child, also a second degree felony. Again, a defense may exist where, in such an incident, no duress, force or threat was used and the accused was not more than three years older than the child at the time.

Aggravated Sexual Assault of a Child. Sexual Assault of a Child becomes “aggravated” (first degree felony) when force or threat of force is used or when the child is younger than 14 years of age, regardless of consensual behavior. This latter is also commonly known as “statutory rape”. No child under the age of 14 can consent to such conduct. Mistaken understanding about the child’s age is no defense.

The consequences of a conviction in such matters are extreme. Even if prison time is avoided, an adult’s conviction results in the requirement to register as a sex offender for the rest of one’s life, and to have one’s photograph and address flashed on the computer screen of anyone in the world who decides to access the state’s sex offender registry site.

Indecency with a Child

The commonly phrased crime of child molestation is titled Indecency with a Child in Texas. There are two types of indecency: Indecency with a Child by Contact and Indecency with a Child by Exposure (similar to Indecent Exposure but a child is present). Both are serious felonies. Both require registration as a sex offender upon conviction.

Indecency with a Child by Contact is the more serious offense. The Texas statute does not distinguish between touching under the clothes or touching over clothes ñ any sexual contact is punished as a second degree felony. A person commits the offense of Indecency with a Child by Contact if:

With a child younger than 17 years and not the person’s spouse, whether the child is of the same or opposite sex, the person engages in sexual contact with the child or causes the child to engage in sexual contact.

Sexual contact means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person:

(1) any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child; or

(2) any touching of any part of the body of a child, including touching through clothing, with the anus, breast, or any part of the genitals of a person.

Indecency with a Child by Exposure is a third degree felony. A person commits the offense if with intent to arouse or gratify the sexual desire of any person he:

(A) exposes the person’s anus or any part of the person’s genitals, knowing the child is present; or

(B) causes the child to expose the child’s anus or any part of the child’s genitals.

The two crimes are often charged in conjunction as separate paragraphs of an indictment. Double jeopardy concerns are raised when the same act is used to prosecute a person for two different crimes. In a prosecution alleging Aggravated Sexual Assault, the acts constituting the assault may also constitute separate crimes of Indecency with a Child by Contact and Indecency with a Child by Exposure. In a prosecution for Indecency with a Child by Contact involving a child touching the genitals of an adult, the crime of Indecency by Exposure would logically also have to have been committed.

Why do these details matter?

Because the rules of evidence concerning extraneous offenses, double jeopardy, the right to election, and jury unanimity are incredibly important protections for innocent people falsely accused of child sex abuse. A three count indictment is more powerful psychologically than a single allegation. Even if all three counts reference the same incident, the news media, the general public, and potential jurors are given a false impression that there was more than one incident. Second, it bolsters prosecution based upon fear rather than proof. Since most people belief “where there’s smoke, there’s fire,” a juror may still convict an innocent person of a lesser charge because while they don’t believe the accused committed the most serious act alleged, he is probably guilty of something. Alleging indecency with a child by contact and indecency with a child by exposure provide two other bites at the apple. Finally, the fundamental nature of the criminal justice system is that the greater offense subsumes the lesser. If a person is accused of murder, the State does not also try to indict him for assault and aggravated assault en route to the completed homicide. When the appellate courts allow the trial courts to aggrandize the number of offenses, it creates inconsistencies in the system.

The fundamental principle of the Constitution is that it shouldn’t matter what youre charged with ñ you have the right to a fair trial. Because of political popularity of getting tough on sex offenses, the centuries of due process and presumption of innocence is being sacrificed for cheap political gain. While this damages the credibility of our justice system in general, it is most harmful to innocent people who are falsely accused. Now that the legislature and appellate courts have rewritten the rules to make it easier to convict a group of people charged with a heinous act, pray that you are never wrongfully accused of a sex crime in Texas.

Aggravated Sexual Assault of a Child

Under most of the State laws, aggravated sexual assault against a child is clubbed with the section defining aggravated sexual assault. There are state specific laws on the subject which varies from state to state.

In Texas a person commits the offense of aggravated sexual assault against a child if he or she intentionally or knowingly:

(i) causes the penetration of the anus or sexual organ of a child younger than 14 years of age by any means;

(ii) causes the penetration of the mouth of a child younger than 14 years of age by the sexual organ of the actor;

(iii) causes the sexual organ of a child younger than 14 years of age to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;

(iv) causes the anus of a child younger than 14 years of age to contact the mouth, anus, or sexual organ of another person, including the actor; or

(v) causes the mouth of a child younger than 14 years of age to contact the anus or sexual organ of another person, including the actor;

A person can still be prosecuted for aggravated sexual assault of a child if the actor:

1. causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode;

2. by acts or words places the victim in fear that death, serious bodily injury, or kidnapping will be imminently inflicted on any person;

3. by acts or words occurring in the presence of the victim threatens to cause the death, serious bodily injury, or kidnapping of any person;

4. uses or exhibits a deadly weapon in the course of the same criminal episode;

5. acts in concert with another who engages in conduct described by Subdivision (1) directed toward the same victim and occurring during the course of the same criminal episode; or

6. administers or provides flunitrazepam, otherwise known as rohypnol, gamma hydroxybutyrate, or ketamine to the victim of the offense with the intent of facilitating the commission of the offense.

The minimum term of imprisonment for aggravated sexual assault against a child is 25 years if the victim of the offense is younger than six years of age at the time the offense is committed; or the victim of the offense is younger than 14 years of age at the time the offense is committed and the actor commits the offense in a manner described by Subsection (a)(2)(A).

The law as it appears in the statute

Tex. Penal Code ß 22.021. Aggravated Sexual Assault

(a) A person commits an offense:

(1) if the person:

(A) intentionally or knowingly:

(i) causes the penetration of the anus or sexual organ of another person by any means, without that person’s consent;

(ii) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person’s consent; or

(iii) causes the sexual organ of another person, without that person’s consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or

(B) intentionally or knowingly:

(i) causes the penetration of the anus or sexual organ of a child by any means;

(ii) causes the penetration of the mouth of a child by the sexual organ of the actor;

(iii) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;

(iv) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or

(v) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor; and

(2) if:

(A) the person:

(i) causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode;

(ii) by acts or words places the victim in fear that death, serious bodily injury, or kidnapping will be imminently inflicted on any person;

(iii) by acts or words occurring in the presence of the victim threatens to cause the death, serious bodily injury, or kidnapping of any person;

(iv) uses or exhibits a deadly weapon in the course of the same criminal episode;

(v) acts in concert with another who engages in conduct described by Subdivision (1) directed toward the same victim and occurring during the course of the same criminal episode; or

(vi) administers or provides flunitrazepam, otherwise known as rohypnol, gamma hydroxybutyrate, or ketamine to the victim of the offense with the intent of facilitating the commission of the offense;

(B) the victim is younger than 14 years of age; or

(C) the victim is an elderly individual or a disabled individual.

(b) In this section:

(1) “Child” has the meaning assigned by Section 22.011(c).

(2) “Elderly individual” and “disabled individual” have the meanings assigned by Section 22.04(c).

(c) An aggravated sexual assault under this section is without the consent of the other person if the aggravated sexual assault occurs under the same circumstances listed in Section 22.011(b).

(d) The defense provided by Section 22.011(d) applies to this section.

(e) An offense under this section is a felony of the first degree.

(f) The minimum term of imprisonment for an offense under this section is increased to 25 years if:

(1) the victim of the offense is younger than six years of age at the time the offense is committed; or

(2) the victim of the offense is younger than 14 years of age at the time the offense is committed and the actor commits the offense in a manner described by Subsection (a)(2)(A).

What makes a Sexual Assault of a Child Charge “Aggravated?”

The offense of Sexual Assault of a Child is defined by Texas Penal Code Sec. 22.011. Basically, the offense involves sexual activity with a person under 17 years of age. Sexual Assault of a Child is Aggravated if the child is under 14 years of age, if a deadly weapon is used or serious bodily injury is threatened. Sexual Assault of a Child is, in most cases, a Second Degree Felony. (2-20 years.) Aggravated Sexual Assault of a Child is a First Degree Felony. (5 to 99 years or life.) If the child was younger than 6 if the child was under six at the time of the offense or there was violence or a threat of violence involved.

What is Indecency with a Child?

Indecency with a Child is defined by Texas Penal Code Sec. 21.11 as either engaging in sexual contact with a child or exposure of one’s anus or genitals to a child under 17 or causing the child to expose his or her anus or genitals to the actor with the intent to arouse or gratify someone sexually. Sexual contact is basically touching of the genitals with intent to arouse or gratify someone sexually. Note that some forms of genital contact may be Sexual Assault of a Child. Indecency with a Child by Contact in most circumstances is a Second Degree Felony. (2 to 20 years.) Indecency with a Child by Exposure is a Third Degree Felony. (2 to 10 years.)

Does the Age of the Accused Matter?

It is an affirmative defense to Indecency with a Child and Sexual Assault of a Child that the actor was not more than three years older than the child, and did not have a prior conviction for certain sexual offenses, and the child was older than 14 and was not related to the actor.

What Should I do if I am Contacted by the Police to Speak to them About an Allegation Against You of Child Sexual Abuse?

The first thing to do is to get a skilled criminal defense lawyer as soon as possible. We see may individuals that have placed themselves at a serious disadvantage by speaking with police investigators without the assistance of counsel. Most people have no idea how coercive police interrogations are. Many individuals come away from an intensive interrogation having said things that were not true. If you are contacted by the police to discuss an allegation of child sexual abuse (or any other type of allegation) you should immediately contact Houston Criminal Lawyer Charles Johnson. You and Attorney Johnson can make a decision about whether you should speak to the police at all. If your lawyer advises you to speak to the police, he can be with you to make sure that the questioning is fairly conducted.

How Can I Defend Myself Against a False Accusation of Child Sexual Abuse?

Houston Sexual Assault Lawyer Charles Johnson will investigate your case factually and prepare a defense. It is important to determine why the child has made the accusation. Was the child influenced by an adult? Did the allegations result from improper questioning of the child by authorities? Experts may be added to the defense team to explain to the jury circumstances that could lead to false accusations.

Does Possession of Child Pornography Violate Both State and Federal Law?

Yes. Possession of Child Pornography is prohibited by both Texas law and federal law. Child pornography cases are investigated by local law enforcement, The Texas Office of the Attorney General, the Federal Bureau of Investigation, Immigration and Customs Enforcement, United States Postal Inspectors and other agencies depending on how the images were discovered. Sometimes state law enforcement officials will begin an investigation but refer the case to the United States Attorney’s Office for prosecution in federal court.

How Can I Defend Myself Against an Accusation of Possession of Child Pornography?

In the age of the Internet, the vast majority of child pornography cases involve digital images found on computer hard drives. The defense lawyer’s first focus is on whether the discovery of the alleged illegal images was in violation of the constitutional rights of the accused. Also, the evidence must show that the accused knew that the images were on the computer hard drive. Examination of the computer’s drive by a forensic expert can sometimes uncover information about who may have place the images on the drive or whether they were intentionally placed there. Further, sometimes the evidence in the case does not prove that the images were of actual children rather than computer generated or altered images. Again, trained experts are needed to make this determination.

Laws in Texas Regarding Sexual Assault of a Child

Child sexual assault is a serious criminal offense in Texas.

Any kind of sexual conduct that harms children, whether physically, emotionally or both, is strictly prohibited in Texas. This includes sexual assault on a child, which is considered particularly heinous in the state. Consequently, engaging in these acts or failing to report this kind of abuse is a serious criminal offense, punishable to the full extent of the law.

Outlawed Acts

Texas Family Code Chapter 261 outlaws any sexual conduct directed at or involving minors as well as failure to report these acts. This includes “fondling, lewd or lascivious exposure or behavior, intercourse, sodomy, oral copulation, penetration of a genital or anal opening by a foreign object, child pornography, child prostitution and any other sexual conduct harmful to a child’s mental, emotional or physical welfare,” according to the website of the Texas Attorney General. Violators are prosecuted to the same extent whether or not children consent to these acts.

Criminal Penalties

Sexual assault and child sex abuse carries severe penalties. Typically, Texas law classifies these offenses as felonies. Additionally, there are specific categories of felonies that different sexual violations fall into in Texas. As of 2010 and according to Texas Penal Code, indecent exposure to a child is a third-degree felony, punishable by 2-10 years in prison and up to $10,000 in fines, while aggravated sexual assault on a child is a first-degree felony punishable by up to 99 years in prison and a fine of up to $10,000. (See References 2 and 4)

Offender Registration

Persons convicted of child sexual assault are required to register with law enforcement officials in Texas. Names and information regarding these convicted sexual offenders are then placed in an online database. This database is considered public record, and any member of the community may view it.

Longer Prison Terms

A series of laws known as Ashley’s Laws were enacted by the Texas legislature in late 1990s to increase penalties for those convicted of child sexual assault. Under these laws, offenders are required to serve at least 50 percent of a prison sentence before being granted parole, though they typically end up serving 80 percent of a sentence.

Harsher Penalties

Also in accordance with Ashley’s Laws, those convicted of child sexual assault in Texas who have been proven to be repeat offenders may face harsher penalties for continued sexual offenses. For example, a repeat child sexual abuser convicted of a second-degree felony may be sentenced with the same penalties as a first-degree felony under these laws. Additionally, a “two-strikes” provision was added to Texas state law for child sex offenders. Normally, a person convicted of three felonies in Texas is automatically sentenced to life in prison. This provision allows for an automatic life sentence for only two felony convictions of child sexual assault.

Mandatory Treatment

Finally, Ashley’s Laws also make it a legal requirement for convicted child sex offenders to undergo treatment in Texas. Because many traditional forms of treatment have proven ineffective in reducing child sexual abuse recidivism rates, some alternative treatments may be used, including certain behavioral modification programs. Additionally, tests may be administered to monitor progress, including the “plethysmograph” test, which monitors sexual arousal when presented with certain materials.

Sexual Assault of a Child: Hire the Best Houston Criminal Defense Attorney Charles Johnson

  • In Texas, for purposes of the Sexual Assault of a Child and Indecency with a Child crimes, a child does not become an adult until age 17. For other sexual-related offenses, including Possession of Child Pornography and Sexual Performance of a Child, the age of an adult is 18 years.
  • In Texas, it is not a defense that the accused did not know the child’s real age. So, the alleged victim could have lied about her age to the accused and the accused will still face criminal charges.The alleged victim cannot legally consent to sexual relations unless the alleged victim is 14 years of age or older and there is only a 3 year or less difference between the ages of the alleged victim and the accused.
  • In Texas, only one eye-witness, the alleged victim, is sufficient for conviction, so long as the jury believes the alleged victim beyond a reasonable doubt.
  • In Texas, neither genital trauma nor DNA evidence is required for a conviction.
  • In Texas, voluntary intoxication is not a defense. So, if the accused goes to a party, gets drunk and sleeps with an underage girl, he cannot use his intoxication as a defense to the crime of Sexual Assault of a Child.
  • In Texas, each separate sexual act can be separately charged within one indictment and, if there is a conviction, each Count can be stacked or served consecutively.

With these types of sexual offenses, there are many other legal issues involved. If a person is charged with sexual assault of a child, possession of child pornography or any type of sex offense, it is important to retain a criminal defense attorney who is experienced defending Texas sex offenses.

If you or a loved one has been charged with the sexual assault of a child, it is important that you contact an experience defense attorney immediately. The consequences for the sexual assault of a child if convicted can be several years in prison and the requirement to register on the sex offender registry. It is never a good idea to represent yourself in court. In a case like this, it is especially important that you find an experienced defense lawyer right away. Even if you have not been charged yet, it would be helpful for you to contact us via phone, anytime night or day, for a free consultation. The defense attorneys at the Charles Johnson Law Firm have had extraordinary success in defending serious cases such as the sexual assault of a child as well as other sex crimes. There are different levels of charges as well as different penalties for charges of sexual assault of a child. During consultation we can explain to you the details of what is possible in your specific case once you provide us with details regarding the matter. Contact Houston Sex Crimes Lawyer Charles Johnson directly at (713) 222-7577 today for a free of charge consultation.


False Allegations of Sexual Assault of a Minor: Guilty Until Proven Innocent by Houston Sex Crimes Lawyer Charles Johnson

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

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

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

Marijuana Cultivation: Defense Lawyers You Can Trust

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

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

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

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

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

About Marijuana Cultivation in Texas

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

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

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

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

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

Outdoor Operations

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

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

Indoor Operations

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

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

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

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

Marijuana Possession

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

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

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

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

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

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

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

Marijuana Cultivation and Sales

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

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

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

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

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

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

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

Drug Paraphernalia

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

Stamp Tax

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

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

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

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

Facing Possession Charges

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

The Value of Local Legal Representation

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

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

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

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


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

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Arrested for Marijuana Possession or Sales? The Best Houston Lawyer

Finest Houston Criminal Defense Attorney

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

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

Criminal Marijuana Penalties

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

Marijuana Possession

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

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

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

Marijuana Possession Penalties in Texas

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

Sale of Marijuana

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

Sale of Marijuana Penalties in Texas

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

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

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

What Is Marijuana?

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

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

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

Grades of Marijuana

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

What are the Physical Effects of Marijuana usage?

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

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

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

Is Marijuana Addictive?

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

Drug Paraphernalia

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

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

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

User-specific products

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

Dealer-specific products

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

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

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

Marijuana-Related Crimes

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

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

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

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

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

 

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

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Houston Criminal Lawyer: Arrested for Ecstasy Possession or Distribution?

Top Houston Criminal Defense Attorney

While it may seem minor, an Ecstasy possession or distribution offense can carry serious penalties in Houston and throughout Texas. Houston Criminal Lawyer Charles Johnson has proven his success in defending those charged with serious drug offenses. Houston Drug Lawyer Charles Johnson understands what you are up against, and knows the best defense strategies to preserve your rights and your freedom.

Ecstasy is one of the most dangerous drugs threatening young people today.  Called MDMA (3-4-Methylenedioxymethamphetamine) by scientists, it is a synthetic chemical that can be derived from an essential oil of the sassafras tree.  MDMA is also one of the easiest illegal drugs to obtain. Its effects are similar to those of amphetamines and hallucinogens.  Distributed almost anywhere, it has become very popular at social events like raves, hip hop parties, concerts, etc. frequented by both adults and youth.  While not all “event” attendees use Ecstasy, the drug often makes the circuit of these parties and can set up dangerous circumstances that can affect everyone there.

What is Ecstasy?

MDMA or Ecstasy is a Schedule I, synthetic, psychoactive drug possessing stimulant and hallucinogenic properties. Ecstasy possesses chemical variations of the stimulant amphetamine or methamphetamine and a hallucinogen, most often mescaline. Ecstasy is a semi-synthetic chemical compound. Ecstasy is a white, crystalline powder in its pure form. It is usually seen in capsule form, in pressed pills, or as loose powder. Average cost ranges from $10-$30 (U.S.) a dose. Ecstasy is rarely consumed with alcohol, as alcohol is believed to diminish its effects. It is most often distributed at late-night parties called “raves”, nightclubs, and rock concerts. As the rave and club scene expands to metropolitan and suburban areas across the country, ecstasy use and distribution are increasing as well.

  • MDMA is a “mood elevator” that produces a relaxed, euphoric state. It does not produce hallucinations.
  • MDMA takes effect 20 to 40 minutes after taking a tablet, with little rushes of exhilaration which can be accompanied by nausea. 60 to 90 minutes after taking the drug, the user feels the peak effects.
  • Sensations are enhanced and the user experiences hightened feelings of empathy, emotional warmth, and self-acceptance.
  • The effects of ‘real’ ecstasy subside after about 3-5 hours.
  • Users report that the experience is very pleasant and highly controllable. Even at the peak of the effect, people can usually deal with important matters.
  • The effect that makes MDMA different from other drugs is that it increases a sense of empathy, or the sensation of understanding and accepting others.

Teenagers and young adults are the primary abusers of MDMA; however, MDMA is gaining popularity among older users. According to TCADA, MDMA-related treatment admissions to TCADA-funded treatment facilities increased from 63 in 1998 to 521 in 2002. MDMA is widely available throughout Texas, particularly in metropolitan areas such as Austin, Dallas, Houston, and San Antonio. DAWN data indicate that MDMA ED mentions in the Dallas metropolitan area increased dramatically from 17 in 1997 to 77 in 2001. Contributing to the threat is increasing MDMA availability in suburban and rural areas. Law enforcement authorities in Bee, Gonzales, and Wharton Counties report increased MDMA availability in their jurisdictions.

What is the history of ecstasy?

MDMA was patented as long ago as 1913 by the German company Merck. Rumor has it that the drug was sold as a slimming pill along with comic descriptions of its strange side effects, although it was never marketed and the patent doesn’t mention uses. The next time it came to light was in 1953 when the US army tested a number of drugs for military applications – again, folklore says it was tried as a truth drug but there is no evidence for this.

The years between 1977 and 1985 are viewed as the ‘golden age’ of Ecstasy. In psychotherapy, its use only appealed to a few experimental therapists since it didn’t fit in with the usual 50-minute psychotherapy session. The therapists that did use it include some of the most dynamic people in the field, including some who claimed that a five hour Ecstasy session was as good as 5 months of therapy.

By 1984 MDMA was still legal and was being used widely among students in the USA under its new name ‘Ecstasy’. (Rumor has it that a big-time dealer called it ‘Empathy’, although the name is more appropriate, he found that Ecstasy had more sales appeal.) In Dallas and Fort Worth, Texas, Ecstasy was even on sale in bars where you could pay by credit card. It replaced cocaine as the drug of choice among yuppies and even spread to people who normally kept well clear of drugs. However, it was this public and unashamed use that resulted in the drug being outlawed.

The criminalisation of ecstasy in America has wide-ranging consequences. The first was to prevent the drug being used by professional therapists, except in Switzerland. The second was to reduce the quality of the drug as sold on the street, because demand was now met by clandestine laboratories and the drug was distributed through the criminal network. Although the number of users was dramatically reduced at first, criminalisation did not prevent the drug’s popularity from spreading worldwide.

Nicknames and Street Names for Ecstasy

Ecstasy usually appears as a small pill or tablet in various colors, sometimes with a logo stamped on it. Here are the common nicknames and street names for Ecstasy:

  • X, E, or XTC
  • Adam
  • Beans
  • Candy
  • Dancing Shoes
  • Disco Biscuits
  • Doves
  • E-bomb
  • Egg Rolls
  • Happy Pill
  • Hug Drug
  • Love Drug
  • Malcolm (or Malcolm X)
  • Scooby Snacks
  • Smartees
  • Sweets
  • Skittles
  • Thizz
  • Vitamin E or Vitamin X
  • Vowels

Slang Terms for Ecstasy Use and Abuse

Here are some common slang terms for using Ecstasy or to describe someone who uses Ecstasy:

  • Drop, Double Drop
  • Thizzing
  • Flip or Flipping
  • Roll, Rolling
  • Cuddle Puddle, E-Puddle
  • E-tard
  • Raver, Raving

What does it look like?

Ecstasy usually comes in a tablet form that is often branded. Such logos or trademarks include CK (Calvin Klein), shamrocks, stars, Woody the Woodpecker, Dino, Pinocchio, Snoopy, Love, and many other colors, symbols/logos. A sample of several logo/trademark tablets are shown below:

Ecstasy - Woodpeck
Ecstasy - Smiley
Ecstasy - Stern
Ecstasy - Woodpeck
Ecstasy - Pinocchi
Ecstasy - Snoopy
Ecstasy - Dino
Ecstasy - Love

It is clear that most of the logos/trademarks found on Ecstasy tablets are aimed at young adults. The logos/trademarks entice one to believe that Ecstasy is safe, almost candy-like. Do not be fooled. While attractive and interesting, these tablets, even in their purest form, contain a dangerous controlled substance that could take your life. Keep in mind that it is not uncommon for such pills to be tainted with dangerous substances other than Ecstasy. Ecstasy is not produced in safely regulated laboratory environments where the contents of what goes into the drug are closely scrutinized.

How is it used?

Ecstasy is usually taken in pill form and swallowed and it can also be injected.  Some users have been known to crush and snort the resulting powder.  Others insert the pill into the anus where it is absorbed.  This process is known as “shafting.” Liquid Ecstasy is actually GHB, a nervous system depressant—a substance that can also be found in drain cleaner, floor stripper and degreasing solvents.

What is the dosage?

E is almost always swallowed as a tablet or capsule. A normal dose is around 100-125 mg. Black market “ecstasy” tablets vary widely in strength, and often contain other drugs.

How Is MDMA Abused?

MDMA is taken orally, usually as a capsule or tablet. It was initially popular among Caucasian adolescents and young adults in the nightclub scene or at weekend-long dance parties known as raves. More recently, the profile of the typical MDMA user has changed, with the drug now affecting a broader range of ethnic groups. MDMA is also popular among urban gay males—some report using MDMA as part of a multiple-drug experience that includes marijuana, cocaine, methamphetamine, ketamine, sildenafil (Viagra), and other legal and illegal substances.

What are its short-term effects?

Users report that Ecstasy produces intensely pleasurable effects — including an enhanced sense of self-confidence and energy. Effects include feelings of peacefulness, acceptance and empathy. Users say they experience feelings of closeness with others and a desire to touch others. Other effects can include involuntary teeth clenching, a loss of inhibitions, transfixion on sights and sounds, nausea, blurred vision, chills and/or sweating. Increases in heart rate and blood pressure, as well as seizures, are also possible. The stimulant effects of the drug enable users to dance for extended periods, which when combined with the hot crowded conditions usually found at raves, can lead to severe dehydration and hyperthermia or dramatic increases in body temperature. This can lead to muscle breakdown and kidney, liver and cardiovascular failure. Cardiovascular failure has been reported in some of the Ecstasy-related fatalities. After-effects can include sleep problems, anxiety and depression.

  • Impaired judgment
  • False sense of affection
  • Confusion
  • Depression
  • Sleep problems
  • Severe anxiety
  • Paranoia
  • Drug cravings
  • Muscle tension
  • Faintness and chills or swelling
  • Involuntary teeth clenching
  • Blurred vision
  • Nausea

What are its long-term effects?

Repeated use of Ecstasy ultimately may damage the cells that produce serotonin, which has an important role in the regulation of mood, appetite, pain, learning and memory. There already is research suggesting Ecstasy use can disrupt or interfere with memory.

  • Long-lasting brain damage affecting thought and memory
  • Damage to portions of the brain that regulate critical functions such as learning, sleep and emotion
  • It is as if the brain switchboard was torn apart, then rewired backwards
  • Degenerated nerve branches and nerve endings
  • Depression, anxiety, memory loss
  • Kidney failure
  • Hemorrhaging
  • Psychosis
  • Cardiovascular collapse
  • Convulsions
  • Death

What are some types of paraphernalia associated with Ecstasy use?

  • Pacifiers, Blo-pops, Popsicle sticks
  • M&Ms, Skittles, Tootsie-Rolls, Candy necklaces
  • Glo-sticks, Bottled water
  • Dust / surgical masks
  • Vicks Vapor Rub
  • Strobe lights
  • Suppository bottles

The pacifier is used to prevent the grinding of teeth that is often a physical side effect when using Ecstasy. Glow sticks are used to increase the visual psychedelic effects associated with the use of Ecstasy. Vapor rub in a surgical mask that is placed over the nose and mouth is used to enhance the euphoric effects of Ecstasy. None of these items alone indicates use of Ecstasy. However, in the right context, such items are tools which enhance the Ecstasy “high,” and cut down on the undesirable effects of the drug.

How Does MDMA Affect the Brain?

MDMA exerts its primary effects in the brain on neurons that use the chemical (or neurotransmitter) serotonin to communicate with other neurons. The serotonin system plays an important role in regulating mood, aggression, sexual activity, sleep, and sensitivity to pain. MDMA binds to the serotonin transporter, which is responsible for removing serotonin from the synapse (or space between adjacent neurons) to terminate the signal between neurons; thus MDMA increases and prolongs the serotonin signal. MDMA also enters the serotonergic neurons via the transporter (because MDMA resembles serotonin in chemical structure) where it causes excessive release of serotonin from the neurons. MDMA has similar effects on another neurotransmitter—norepinephrine, which can cause increases in heart rate and blood pressure. MDMA also releases dopamine, but to a much lesser extent.

MDMA can produce confusion, depression, sleep problems, drug craving, and severe anxiety. These problems can occur soon after taking the drug or, sometimes, even days or weeks after taking MDMA. In addition, chronic users of MDMA perform more poorly than nonusers on certain types of cognitive or memory tasks, although some of these effects may be due to the use of other drugs in combination with MDMA. Research in animals indicates that MDMA can be harmful to the brain—one study in nonhuman primates showed that exposure to MDMA for only 4 days caused damage to serotonin nerve terminals that was still evident 6 to 7 years later. Although similar neurotoxicity has not been shown definitively in humans, the wealth of animal research indicating MDMA’s damaging properties strongly suggests that MDMA is not a safe drug for human consumption.

Addictive Potential

For some people, MDMA can be addictive. A survey of young adult and adolescent MDMA users found that 43 percent of those who reported ecstasy use met the accepted diagnostic criteria for dependence, as evidenced by continued use despite knowledge of physical or psychological harm, withdrawal effects, and tolerance (or diminished response). These results are consistent with those from similar studies in other countries that suggest a high rate of MDMA dependence among users. MDMA abstinence-associated withdrawal symptoms include fatigue, loss of appetite, depressed feelings, and trouble concentrating.

What Other Adverse Effects Does MDMA Have on Health?

MDMA can also be dangerous to overall health and, on rare occasions, lethal. MDMA can have many of the same physical effects as other stimulants, such as cocaine and amphetamines. These include increases in heart rate and blood pressure—which present risks of particular concern for people with circulatory problems or heart disease—and other symptoms such as muscle tension, involuntary teeth clenching, nausea, blurred vision, faintness, and chills or sweating.

In high doses, MDMA can interfere with the body’s ability to regulate temperature. On rare but unpredictable occasions, this can lead to a sharp increase in body temperature (hyperthermia), which can result in liver, kidney, cardiovascular system failure, or death. MDMA can interfere with its own metabolism (breakdown within the body); therefore, potentially harmful levels can be reached by repeated MDMA administration within short periods of time. Other drugs that are chemically similar to MDMA, such as MDA (methylenedioxyamphetamine, the parent drug of MDMA) and PMA (paramethoxyamphetamine, associated with fatalities in the United States and Australia), are sometimes sold as ecstasy. These drugs can be neurotoxic or create additional health risks to the user. Furthermore, ecstasy tablets may contain other substances, such as ephedrine (a stimulant); dextromethorphan (DXM, a cough suppressant); ketamine (an anesthetic used mostly by veterinarians); caffeine; cocaine; and methamphetamine. Although the combination of MDMA with one or more of these drugs may be inherently dangerous, users who also combine these with additional substances such as marijuana and alcohol may be putting themselves at even higher risk for adverse health effects.

What Treatment Options Exist?

There are no specific treatments for MDMA abuse and addiction. The most effective treatments for drug abuse and addiction in general are cognitive-behavioral interventions that are designed to help modify the patient’s thinking, expectancies, and behaviors related to their drug use and to increase skills in coping with life stressors. Drug abuse recovery support groups may also be effective in combination with behavioral interventions to support long-term, drug-free recovery. There are currently no pharmacological treatments for addiction to MDMA.

What are the symptoms of ecstasy withdrawal?

The most common ecstasy withdrawal symptoms include but are not limited to:

  • depression
  • anxiety
  • panic attacks
  • sleeplessness
  • “de-personalization”
  • “de-realization”
  • paranoid delusions

Ecstasy Distribution

Ecstasy is NOT legally produced anywhere in the world. Most of the MDMA abused in Texas is produced in the Netherlands and Belgium. MDMA production may be emerging in Texas, but to a very limited extent. MDMA is smuggled into Texas from Canada, Europe, and Mexico primarily by Israeli criminal groups. To a lesser extent, Dominican criminal groups also smuggle MDMA into Texas. MDMA transporters use several means to smuggle the drug, including couriers on foot entering the United States from Mexico, couriers traveling on commercial and private aircraft, private vehicles, and via package delivery services.

Caucasian local independent dealers and, to a lesser extent, Asian criminal groups, are the primary wholesale and retail distributors of MDMA in Texas. Many retail-level MDMA distributors in Texas are middle and upper-middle class Caucasian high school or college students. MDMA typically is distributed at colleges, raves, nightclubs, and private parties. MDMA distributed in Texas often is stamped with a brand name or a logo. According to DEA, in the fourth quarter of FY2002 MDMA sold for $25 per tablet in Dallas, $16 to $20 per tablet in El Paso, and $10 to $30 per tablet in Houston.

MDMA also is transported from Texas to destinations in other U.S. states. For example, some Asian criminal groups transport shipments of MDMA from Texas, primarily overland, to major drug markets on the East Coast.

A large proportion of the retail trade is conducted by people buying for their friends without making a profit, although usually gaining a few free tablets for their own consumption. Then there are the dealers who are trusted as connoisseurs of the drug, and will describe the subtle qualities of the particular batch from personal experience. This type of dealer never sells to the public but only to regular clients who respect them, so the dealer cannot afford to provide poor quality.

Another variation, more common among working class men, is for friends to arrange a meeting place, usually a pub, before a rave. One person knows of a supply and collects money on behalf of the others, then returns with the drugs which cost each person less than if they had bought separately. This method carries more risk, either of losing your money or of getting poor quality. The person buying for the others also runs the risk of far greater penalties.

A more commercial form of supply is by individuals who buy 100 or so and are either ‘known’ at certain clubs, or go around offering them for sale. They may be honest, especially if they are known, but they may also be selling fake pills. A new trend is for ‘retail specialists’ to sell in a club or at a rave. These are organized gangs, but probably not part of a large syndicate. They cooperate with security staff or the promoters of raves and clubs. The club or rave organisers put on a show of heavy security, searching people on their way in so as to exclude dealers. This leaves the way open for the gang to sell inside. Some members go around asking people if they want to buy drugs without carrying stock themselves so that, if arrested, they will not be accused of ‘supply’ and may get off with a fine. The stock and money is carried by members who are well protected by body guards, and lookouts warn of police activity inside and outside the venue. They have contingency plans worked out in case of a surprise raid, for example members who are free of drugs might cause a fight so as to attract the attention of the police while those carrying drugs and money escape.

Punishment for Ecstasy Possession, Distribution or Manufacturing

MDMA is a controlled substance in Texas. Unlike a state such as California, which has not explicitly scheduled MDMA, but instead considers it as within its broad “controlled substance analogue” provisions, MDMA is an explicitly scheduled substance in Texas. MDMA has been placed it in “Group 2” of the Texas controlled substance hierarchy. (See Tex. Health & Safety Code, Sec. 481.103).

Punishment for Simple Possession of MDMA

The punishment for simple possession of MDMA in Texas is dependant upon the weight of the MDMA (See Tex. Health & Saf. Code, Sec. 481.116):

  • Less than 1 gram = “state felony” with a mandatory minimum of 180 days in county jail up to 2 years and a fine of up to $10,000. (Tex Pen. Code, Sec. 12.35).
  • 1 gram, but less than 4 grams = “felony 3rd degree” with a mandatory 2 year minimum, up to 10 years, and a fine of up to $10,000. (Pen. Code, Sec. 12.34.)
  • 4 grams, but less than 400 grams = “felony 2nd degree” with a  mandatory 2 year minimum, up to 20 years, and fine of up to $10,000 (Pen. Code, Sec. 12.33)
  •  400 grams or more = mandatory 5 year minimum, with possible life imprisonment (Health & Saf. Code, Sec. 481.116)

Punishment for distributing or manufacturing MDMA, possessing it with the intent to distribute

Distributing or manufacturing MDMA, possessing it with the intent to distribute it is punishable as follows. (See Tex. Health & Saf. Code, Sec. 481.113):

  • Less than 1 gram = “state felony ” with a mandatory minimum sentence of 180 days in county jail up to 2 years and a fine of up to $10,000. (Tex Pen. Code, Sec. 12.35).
  • 1 gram, but less than 4 grams = “felony 2nd degree” with a mandatory 2 year minimum, up to 20 years, and fine of up to $10,000 (Pen. Code, Sec. 12.33)
  • 4 grams, but less than 400 grams = “felony 1st degree” with a  mandatory 5 year minimum, up to possible life imprisonment and maximum $10,000 fine. (See Pen. Code, Sec. 12.32)
  • 400 grams or more = mandatory 10 year minimum, with possible life imprisonment (Health & Saf. Code, Sec. 481.113)

Hire the Best Houston Criminal Lawyer: The Charles Johnson Law Firm

If you or your child has been arrested or charged with any crime involving ecstasy, you must act quickly. The drug laws are incredibly complex and difficult to navigate without the assistance of a skilled criminal defense attorney. Texas treats all Ecstasy crimes harshly. No one accused of an Ecstasy crime should attempt to handle their case without a good lawyer. The law provides the maximum possible sentence and it is up to your attorney to fight for your rights and work to improve your situation. At the Charles Johnson Law Firm, we have successfully defended many types of drug charges throughout Texas and we can expertly handle your Houston Ecstasy case.

Anyone under investigation for sales, possession, under the influence, manufacturing, trafficking, importing, distributing or transporting ecstasy can expect very serious penalties if convicted. At the Charles Johnson Law Firm, we help clients who have been arrested for drug crimes involving ecstasy. Do not give up hope, even if you feel there may be solid evidence against you or a loved one, there are still many legal defenses that may help to have your charges minimized or dismissed entirely. Take advantage of the free initial consultation to discuss your options. The free consultation is an opportunity to discuss your case in detail and Houston Criminal Lawyer Charles Johnson will answer any questions that you may have regarding your ecstasy charges.


Houston Criminal Lawyer Charles Johnson
Houston Criminal Lawyer: Arrested for Ecstasy Possession or Distribution?
Houston Criminal Lawyer Charles Johnson has proven his success in defending those charged with serious drug offenses, including Ecstasy Possession or Distribution. Attorney Johnson understands what you are up against, and knows the best defense strategies to preserve your rights and your freedom.


Houston Criminal Lawyer: Arrested for Ecstasy Possession or Distribution?

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Houston DWI: Penalties for Multiple Driving While Intoxicated Arrests

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

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

First Houston DWI Offense:

Texas Criminal Status:
Class B Misdemeanor

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

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

Texas License Suspension: Yes, One year.

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

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

Vehicle Impound: None

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

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

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

Second Houston DWI Offense Plus:

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

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

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

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

Vehicle Impound:
None.

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

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

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

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

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

Under Age: 21

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

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

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

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

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

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

Houston Lawyer » Ways To Improve Your Odds Of Avoiding a DWI Conviction

Hire the Finest Houston DWI Lawyer!

There are a few essential things it is best to realize in the event you are facing DWI criminal charges in or around Houston, Texas. The Leading Houston Lawyer will undoubtedly be happy to answer your questions about DWI and provide you essential case tips when you speak to them for a free of charge preliminary case evaluation.

Case Tips Regarding your Houston DWI

  • If you happen to be stopped for suspected DWI, always be polite to the officer. However, do not answer any questions about what you have had to drink or when.
  • Politely refuse to submit to field sobriety testing, as this is not mandatory and you cannot be penalized for a refusal of this kind.
  • If you are arrested, be sure that you speak to the Texas DPS as soon as possible. You’ll have only Fifteen calendar days to schedule an ALR (Administrative License Revocation) hearing regarding your license suspension. Failing to schedule this hearing will bring about the automatic suspension of your license.
  • After your arrest, you have the right to remain silent. You do not have to respond to questions or undergo formal questioning regarding the case. While it is best to cooperate and be polite, you do not have to respond to questions regarding how much you have had to drink and when. Exercise this right, and you will have a far greater chance of avoiding a conviction.
  • You also have the right to legal counsel. This is a constitutional right that has to be observed in order to provide defendants in criminal cases the chance to prove their innocence. By turning to a Houston DWI lawyer as soon as possible following a DWI arrest, you will give your attorney an improved chance of making a positive impact on your case.
  • Most importantly, contact the Leading Houston DWI Attorney as soon as you can. Having a skilled attorney at your side as early in the process as possible means that your rights will undoubtedly be defended and you will have the very best opportunity of avoiding license suspension and a conviction.

Hire the Finest Houston Lawyer!

Experienced Attorney Charles Johnson of the Charles Johnson Law Firm can fight for your legal rights both during your ALR hearing and also throughout the entire criminal court process.

The Most Qualified Houston Criminal Defense Lawyer has represented many clients who were dealing with DWI convictions and harsh legal penalties. With their guidance, clients have been able to battle their driving while intoxicated charges and obtain effective outcomes in court and at their Texas DPS ALR hearings. Dedicated Houston Criminal Attorney Charles Johnson is an aggressive, qualified litigator who is prepared to assist you. Call him today and he will help you get your life straightened out.

Best Houston Lawyer

The Houston Lawyer

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