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Austin Criminal Defense Blog
Tag Archive for conviction
Drug possession is a typical criminal charge that’s faced by quite a few Austinians. Innocent bystanders are occasionally charged with this crime, people who had been merely “in the wrong location at the wrong time” and are currently in severe legal trouble.
Drug possession criminal charges can easily differ significantly, dependant upon the quantity of the drug you’re charged with possessing. Even a minute quantity of illegal drugs can easily come with severe consequences and the fees and penalties just get much more serious as the quantity increases. Try to remember to think long term; you would like the criminal case handled correctly right now to ensure that it will be considered a speed bump rather than a road block in your life. Austin Lawyer Charles Johnson is going to be dedicated to that type of defense.
Laws regarding Drug Possession frequently prosecute drug offenders in very much the equivalent manner they prosecute various other felony offenders. Approximately 90 % of all the drug possession cases will not make it to trial. The majority of the offenders will plead guilty to drug possession offenses. A straightforward drug possession conviction in Texas might lead to community service, probation, drivers license sanctions, court-ordered drug rehab, county jail time and fines.
Several police forces obtain restitution for their expenses in connection with the criminal arrest and prosecution. Even though the seriousness of the penalties differs with the criminal offense, a good number of drug criminal charges in Texas have serious consequences of some sort. This can be particularly accurate when the charged offense entails weapons in “protected zones” (like educational facilities and recreational areas), adolescents, or perhaps a past drug conviction. Criminal defendants looking to steer clear of prison or jail will want to get in touch with a highly skilled drug defense lawyer early on in their case.
Laws regarding Drug Possession are frequently more severe for possession of drugs which have a higher propensity to trigger misuse, dependency, physical injury, and loss of life. Laws regarding Drug Possession also make it a criminal offense to possess any type of precursors to drug production or distribution. Possession of paraphernalia, or drug accessories, is also unlawful according to laws regarding drug possession.
Laws regarding Drug Possession are also more severe in instances when an offender was caught with a significant amount of a given substance. Frequently Prosecutors will charge these offenders with “drug possession with intent to distribute”. In these instances, an offender might have to deal with an enhanced sentence with stricter penalties. Drug possessions laws also prosecute multiple offenders significantly tougher than those that are first time offenders.
Don’t risk a potentially life-stopping conclusion to your case. Get in touch with the Best Lawyer at the Charles Johnson Law Firm now. In drug possession defense criminal cases, the Top Austin Criminal Lawyer will work to prevent the case from becoming charged as drug distribution, that carries a lot more severe penalties. This individual will conduct a thorough investigation into law enforcement officials procedures, looking for evidence of constitutional misconduct which will permit him to file motions to dismiss particular evidence. This individual will also present virtually all helpful background info about his client to the court, to be able to persuade the court that the client isn’t a distributor. If dismissal of the criminal charges isn’t feasible, Attorney Johnson will argue for alternative sentencing choices, including enrollment in a drug rehab program and/or perhaps community service.
These laws regarding drug possession have received significant scrutiny for numerous years. The current trend is to really encourage rehab choices for non-violent drug offenders. Countless numbers of drug courts have been established to offer long-term counselling, sanctions, benefits, along with other programs to participants. Completion of these programs frequently results in a lessened or even dismissed criminal sentence. These types of programs are appearing to be much more cost effective and more successful than the mandatory minimum laws regarding drug possession. For additional details on laws regarding drug possession, get in touch with The Austin Lawyer Charles Johnson who will be able to help you.
Charles Johnson |
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| Tags: case laws, client, conviction, court, court ordered drug rehab, criminal defendants, defense lawyer, drug conviction, drug possession, evidence, felony offenders, innocent bystanders, license sanctions, location, minute, minute quantity, sentence, time, trouble, type 
When the police suspect an individual has been driving under the influence, they will ask him/her to perform a series of standard tests, also named field sobriety tests. Field sobriety tests help law enforcement determine a driver’s level of intoxication by challenging his or her physical and mental coordination and capacity to follow instructions. They are also used to establish a probable cause for arrest.
If you are pulled over for suspected DWI, be polite to the officer. On the other hand , do not respond to any questions about what you have had to drink or when.
Politely refuse to undergo field sobriety testing, as this is not mandatory and you cannot be penalized for a refusal of this kind.
The three standardized field sobriety tests used by Austin police officers are:
The Horizontal Gaze Nystagmus (HGN): HGN refers to the involuntary jerking of the eyeball. When an individual is intoxicated, it is believed that his/her eyes are more likely to twitch. Through the HGN test, the police officer will hold an object in front of the driver and ask him/her to follow the object with his or her eyes. If the driver cannot follow the object, or if his/her eyes start twitching, then it is taken as a sign of intoxication. (Even so, it is very important to note that Nystagmus is medical and physiological condition that’s common in a large amount of individuals, even though they are sober)
The One-Leg Test: the driver stands on one foot and raises the other leg six inches off the ground when counting out loud. The driver is expected to stand on one foot without raising his/her arms, losing balance, wobbling, hopping around, or putting the lifted leg down.
The Walk and Turn Test: the driver takes nine steps in a straight line touching heel to toe, stops, and then repeats the action in the other direction
In addition to these DWI tests, law enforcement officers may possibly require drivers to perform additional tests, including:
- Finger to nose test
- Reciting the alphabet
- Counting backwards
- Balancing tests
If you did perform a field sobriety test and were arrested, it is important to get in touch with the Most Effective Austin Lawyer as soon as possible. Most law enforcement officers have already decided to arrest you at this point, and are at this point simply looking for more evidence to use against you in court. Many attorneys believe field sobriety tests are inaccurate, subjective, and designed for failure. There are many factors that can cause folks to appear intoxicated, most notably nervousness, age, lack of natural coordination, lack of proper instruction, weather, fatigue, illness, physical problems, disabilities, injuries, car headlights, weight, footwear, intimidation, and traffic distractions.
Other important advice:
After your criminal arrest, you have the right to remain silent. You do not need to answer questions or submit to formal questioning about the case. Although you should cooperate and be polite, you do not need to respond to questions about how much you have had to drink and when. Exercise this right, and you will have a much better potential for avoiding a conviction.
You also have the right to legal counsel. This is a constitutional right that should be observed in order to provide defendants in criminal cases the opportunity to establish their innocence. By consulting a Austin DWI criminal defense lawyer as soon as possible subsequent to a DWI arrest, you will provide him or her a better chance of making a positive impact on your case.
If you are arrested, be sure that you speak to the Texas DPS as soon as possible. You have only Fifteen calendar days to schedule an ALR (Administrative License Revocation) hearing regarding your license suspension. Failing to schedule this hearing will lead to the automatic suspension of your license.
Most importantly, contact the Recommended Austin Criminal Defense Lawyer as soon as you can. Having a competent lawyer at your side as early in the process as possible will mean that your rights will probably be safeguarded and you will have the very best opportunity of avoiding license suspension and a conviction.
Austin DWI Defense: The Most Dedicated Austin DWI Attorney
If you have been arrested and charged for DWI, and you performed one or more field sobriety test, it is vital to hire an expert Austin DWI lawyer to investigate your case and represent you in the courtroom. The Top Austin DWI Attorney will use their expertise to fight the charges brought against their clients and protect their rights. They will question the arresting officer’s ability to properly conduct a field sobriety test, and make sure the police officer did not violate their clients’ rights in the course of the arrest. Furthermore, they will be dedicated to providing each client with personalized attention, viable alternatives, and aggressive DWI defense. They will not stop working until they acquire a favorable result, and see that justice has been served.
Charles Johnson |
One comment
| Tags: austin police officers, conviction, coordination, Criminal, criminal defense attorney, enforcement, field sobriety tests, foot, gaze nystagmus, hgn test, individual, Lawyer, level of intoxication, mental coordination, nine steps, Nystagmus, object, physiological condition, standardized field sobriety tests, test
Hire the Top Austin Criminal Defense Lawyer!
Drug crimes are covered by both federal and state laws in Texas. Federal offenses are regulated by The Comprehensive Drug Abuse Prevention and Control Act of 1970, known as the Controlled Substances Act.
The Controlled Substances Act covers nearly all the drug offenses in Texas and is codified within the Texas Health and Safety Code, Chapters 481 through 486. Since Texas is an international border state, drug traffic offenses are a major concern. The state of Texas also has several state drug laws which might not be applicable in other states.
What are the penalties for a drug conviction in Texas?
Drug offenses are amongst probably the most serious charges in criminal law. They carry with them severe penalties and can have other consequences in areas of one’s life like family life and employment. The legal penalties for drug crimes will depend on the nature of the drug offense, and will generally consist of a fine and/or a lengthy prison sentence. If you’re charged having a drug related crime, you’ll need to contact the Best Austin Drug Crimes Attorney at the Charles Johnson Law Firm as soon as feasible. The penalties for committing a drug crime can be fairly severe, such as actual prison time, sometimes for numerous years in larger high profile drug instances. A conviction for a drug-related offense could not only damage your personal and professional reputation, but could result in actual termination from employment or the suspension or revocation of your professional licenses. It is not whether or not you will acquire a lawyer, rather, it is who you’ll get to represent you at your most vulnerable time.
What types of factors are regarded as in sentences for drug crimes?
In determining the sentence for a drug crime, a Texas court will take into account the following elements:
- The type of drug: The Controlled Substances Act classifies drugs into five “Penalty Groups”, with Group 1 being the most severe. For instance, cocaine is classified as Penalty Group 1, whereas prescription drugs are Group 3.
- The amount of drugs in possession: Prison sentences or fines will increase according to the amount of drug possessed. Greater amounts of the same drug will result in greater sentences.
- The purpose for which the drug is used: Simple possession is usually considered much less severe than other crimes, such as possession with intent to distribute, or manufacturing and delivering drugs
- Location of the violation: Drug offenses are regarded as more severe if they take place in particular areas, for example near a school or day care center
Another essential factor that a court will think about is whether the drug offense was combined with an additional offense. Many drug offenses are related to other crimes like conspiracy, theft, or assault. If the drug offense is related to another felony, especially a violent crime, the penalties will probably be more severe.
Do I require a lawyer for a drug offense?
Drug offenses are serious and can result in felony charges. Consequently, the services of the top Austin Criminal Defense Attorney Charles Johnson may be crucial when dealing with drug charges. This is particularly accurate if the defendant is involved in numerous or repeat offenses. An experienced lawyer can assist explain the various requirements under Texas drug laws. In the event you or a family members member is charged having a crime in the Austin region, contact us for a free consultation with a effective criminal defense lawyer. We are able to provide compassionate legal counsel, accessibility and personal attention, years of encounter, and aggressive protection of your rights.
Charles Johnson |
2 comments
| Tags: Beat, Comprehensive, comprehensive drug abuse prevention, controlled substances act, conviction, court, criminal defense attorney, criminal defense lawyer, drug abuse prevention, drug conviction, drug crimes, employment, Group, Hire, lengthy prison sentence, professional reputation, sentence, state, Substances, texas health and safety code
Many states have strengthened their laws on domestic violence, making arrest and prosecution mandatory regardless of what the alleged victim wishes to do.
Irrespective of how your state or county handles allegations of domestic violence, it is vital to mount a vigorous defense. If you have been accused of domestic violence, you could possibly be facing an uphill battle.
Speak with an experienced Criminal Defense Lawyer from the Charles Johnson Law Office in Austin, Texas in order to discuss your case and develop a strategy for fighting the charges. You can contact him 24 hours a day/ 7 days a week at 512-832-1200.
Domestic Assault Defined
Domestic assault is both physical violence and emotional abuse, including threats, intimidation and control. Domestic violence is most often an assault or battery against a spouse, intimate partner or cohabitant, but it can also occur against a child, elderly relative or other member of the household or family.
A conviction of felony or misdemeanor domestic assault may result in severe penalties. The defendant could possibly serve time in prison or jail; pay steep fines; undergo anger management or other counseling; and suffer personal repercussions like divorce, loss of child custody or an unfavorable property settlement during divorce proceedings.
Domestic Assault is Serious, You Need Assistance in Fighting It
Domestic assault is taken seriously by law enforcement personnel and prosecutors. It is vital to have a competent, experienced criminal defense lawyer on your side. Lawyer Charles Johnson will stand by your side and preserve your legal protection under the law.
Although the procedures and policies vary by jurisdiction, domestic assault arrests and charges usually follow a general pattern. When the police are dispatched to a residence, by an alleged victim or someone else, they are going to assess the situation and determine whether or not there is probable cause to be able to arrest an individual accused of domestic assault.
At the arraignment, the defendant will discover about the specific charges against him or her, and the defendant’s lawyer will speak with the defendant about what kind of plea to enter. The judge will decide whether or not the defendant ought to be granted bail and, if so, how much the bail will be.
In many court cases, the defendant will probably be ordered to have no contact — direct or indirect — with the alleged victim. Consequently, the defendant cannot go home, if that is where the victim lives, and the defendant must not call or make contact with the victim.
In some jurisdictions, even if the victim decides not to go forward with the criminal charges, the case continues. A large number of reasons, based on both history and public policy, tend to be behind this practice.
As the justice system has come to understand the social and legal effects of domestic violence, the penalties for conviction of domestic assault have grown to be steeper. Each state, however, has a different approach to handling domestic assault court cases. That is why it is so important to consult an attorney who is knowledgeable with your local court system. Seek the guidance of a lawyer from the Charles Johnson Law Firm in Austin, Texas to learn more about what you can do to be able to assert your rights.
Charles Johnson |
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| Tags: anger management, arrest, Assault, child, cohabitant, contact, conviction, court, Criminal, criminal defense lawyer, divorce proceedings, Domestic, domestic assault, domestic violence, experienced criminal defense lawyer, Irrespective, physical violence, property settlement, state, vigorous defense
A defendant charged with a misdemeanor has fewer legal rights than a defendant charged with a felony. If the defendant will not face imprisonment as a result of conviction, he has no right to an attorney. There is no right to indictment by grand jury, or to a “preliminary examination” to review the basis of the charges filed. In some states, misdemeanor charges are tried before six person juries, whereas felonies are ordinarily tried before twelve person juries. Most other rights are the same, for both felonies and misdemeanors.At the Charles Johnson Law Firm, we provide a free consultation to anyone charged with a crime. You should take advantage of that free consultation immediately. Having an attorney is so important to successfully getting through the criminal process. Get a free initial consultation by calling Austin Criminal Defense Attorney Johnson now, 24 hours/day, 365 days/year.
Charles Johnson |
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| Tags: basis, consultation, conviction, Criminal, criminal defense attorney, defendant, Defense, examination, felonies and misdemeanors, felony charges, free consultation, free initial consultation, indictment, juries, misdemeanor charges, person, preliminary examination, result, right to an attorney, year
A person who has been stopped by the police may be ticketed for a “civil infraction,” may be ticketed or arrested for a “petty offense” or “misdemeanor,” or may be arrested for a “felony,” or may be released. It is possible for the person to later be charged, when the police complete their investigation.Sometimes, the person will be informed that charges have been filed, and will be asked to present himself at the police station by a particular date and time.At other times, a “warrant” for the person’s arrest may be entered into the state’s computer system, informing police officers to arrest the person if they find him. If the charges are serious, the police may go out to arrest the person.
Civil Infractions
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| A “civil infraction” is not a crime, although it is a charge filed by the state. The state has to prove that you committed a civil infraction by a “preponderance of the evidence,” which is to say; that it is more likely than not that you committed the violation. This is a much lower standard than the “proof beyond a reasonable doubt” standard that applies in civil cases. The typical civil infraction is decided by a judge or magistrate, without a jury, in what is typically a short proceeding. |
Petty Offenses
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| Some states have a class of “petty offenses,” where the defendant may be tried without a jury before a judge or magistrate. Typically, the only punishment for a “petty offense” is a fine. However, these offenses may be of a criminal nature. If you are not sure whether you are charged with a criminal offense or a civil infraction, consult a lawyer. |
Misdemeanors
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| A “misdemeanor” is a criminal offense, and conviction ordinarily results in a criminal record. Misdemeanors are technically less serious offenses, although the consequences of conviction can nonetheless be quite severe. Possible punishments for misdemeanors include imprisonment, probation, fines, and at times driver’s license sanctions. Some misdemeanors are classified as “sex crimes” and require that a convicted person be registered as a “sex offender”, and keep the police informed of his place of residence — a requirement that may continue for life. |
Felonies
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| Felonies are the most serious offenses that can be charged. Sometimes, the distinction between “felonies” and “misdemeanors” seems arbitrary. However, all of the most serious criminal offenses (such as murder, sexual assault, embezzlement, burglary, robbery, arson, and treason) are felonies. |
If you or someone in your family has been arrested, you probably aren’t sure where to turn or what to do next. While the arrest itself is a daunting situation, you can do several things right away to gain information and control. A positive first step is to contact the Charles Johnson Law Firm. Attorney Johnson will guide you through the complicated maze of the justice system.
Charles Johnson |
2 comments
| Tags: civil infraction, civil infractions, computer, conviction, criminal nature, criminal offense, evidence, Infractions, magistrate, misdemeanors, person, petty offense, petty offenses, preponderance of the evidence, proof, proof beyond a reasonable doubt, sex, state, warrant
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