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Tag Archive for drug possession

Austin Lawyer: Charged With Drug Possession?

Finest Austin Criminal Defense Attorney
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.

What Are Some Possible Defenses To Drug Crimes?

If you are charged with possession of drugs, either for personal use or with intent to sell, Austin Criminal Defense Attorney Charles Johnson can determine which defenses might apply to your case should you plead not guilty. Different states approach the problem of illicit drugs in different ways, while the federal government tends to have the toughest drug sentencing guidelines. But drug possession defenses are fairly universal across state lines. Some defenses challenge the stated facts, testimony or evidence in the case, while others target procedural errors, often search and seizure violations.

Here are some defenses to drug possession charges, some more common than others:

Unlawful Search and Seizure

The Fourth Amendment to the U.S. Constitution guarantees the right to due process of law, including lawful search and seizure procedures prior to an arrest. Search and seizure issues are quite common in drug possession cases. Illicit drugs found in “plain view,” such as a car’s dashboard after a legal traffic stop, may be seized and used as evidence. But drugs found in the trunk of a car after prying it open with a crowbar, assuming the suspect did not give permission, cannot be entered into evidence. If the defendant’s Fourth Amendment rights were violated, then the drugs cannot be used at trial and the charges typically are dismissed.

Drugs Belong to Someone Else

A common defense to any crime charge is to simply say you didn’t do it. The drug possession equivalent is to claim the drugs aren’t yours or that you had no idea they were in your apartment, for example. Austin Criminal Lawyer Charles Johnson will pressure prosecutors to prove that the joint found in the car actually belonged to his or her client and not one of the other three passengers.

Crime Lab Analysis

Just because it looks like cocaine or LSD doesn’t mean it necessarily is. The prosecution must prove that a seized substance is indeed the illicit drug it claims it is by sending the evidence to a crime lab for analysis. The crime lab analyst then must testify at trial in order for the prosecution to make its case.

Missing Drugs

Austin Drug Crimes Lawyer Charles Johnson will make sure prosecutors are able to produce the actual drugs for which their client is being charged. Similar to the need for crime lab analysis, prosecutors who lose or otherwise lack the actual drugs risk having their case dismissed. Seized drugs often get transferred several times before ending up in the evidence locker, so it should never be assumed that the evidence still exists during trial.

Drugs were Planted

This may be difficult to prove, since a police officer’s sworn testimony carries a lot of weight in the courtroom. Furthermore, other officers may be reluctant to blow the whistle on a fellow officer. But Attorney Johnson can file a motion that, if approved by the judge, requires the department to release the complaint file of the given officer. This file contains the names and contact of information of those who made the complaints, who can then be interviewed by Attorney Johnson or his private investigator.

Entrapment

While law enforcement officials are free to set up sting operations, entrapment occurs when officers or informants induce a suspect to commit a crime he or she otherwise may not have committed. If an informant pressures a suspect into passing drugs to a third party, for example, then this may be considered entrapment. As a rule of thumb, entrapment occurs where the state provides the drugs in question.

Do I Need a Lawyer?

If you are charged with any of these or another drug related crime you need to contact Austin Criminal Defense Lawyer Charles Johnson as soon as possible.   The penalties for committing a drug crime can be quite severe, including actual prison time, sometimes for many years in larger high profile drug cases. 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’s not whether you will acquire a lawyer, rather, it’s who you will get to represent you at your most vulnerable time.

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