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Austin Criminal Defense Blog
Tag Archive for state
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 |
No comments
| 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
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.
Charles Johnson |
2 comments
| Tags: Amendment, analysis, car, client, Crimes, Criminal, criminal defense attorney, drug crimes, drug possession, due process of law, evidence, fourth amendment rights, illicit drugs, possession of drugs, search and seizure, seizure issues, state, testimony, u s constitution, use
Texas has a reputation as being extremely hard on drug use and possession, and it is well earned. Minor marijuana possession is not decriminalized in Texas, as it is in several states, which means that even a miniscule amount can land you 6 months in jail.Like many other states, Texas divies up punishments based on the weight of the drug possessed or sold. The possession of up to a pound of marijuana (this includes very minor amounts) will generally carry a sentence of 6 months to 2 years in a state jail and a $2,000 – $10,000 fine. However, if you have no prior felony convictions and are arrested with up to a pound, a Texas judge must impose a sentence of probation with drug treatment (for a duration at the judges discretion). The judge can also waive the fines, in this case.That is where the leniency ends, however. For the possession of 1 – 5 lbs, there is no probation, and a minimum sentence of 6 months will be imposed. This will also be considered a “state jail felony,” (which is a Texan creation meant to help with prison over-crowding). This means it will count as a felony on your record, but you will be sentenced to a minimum security prison with non-violent offenders.After the five pound limit, the court will assume you are a major trafficker, and the penalties increase rapidly (these felonies are not of the “state-jail” variety):
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5 – 50 lbs: 2 – 10 years, $10,000 fine
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50 lbs – 1 ton: 2 – 20 years, $10,000 fine
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1 ton+ : 5 – 99 years, $50,000 fine
What About Giving a Baggie to a Friend?
Texas law does not recognize little gifts as being the same as possession (like most states do). Therefore a gift of even less than 1/4 of an ounce carries the same 6-month $2,000 fine as simple possession, but without the probation requirements (i.e. you will likely serve time). If it is a sale of that same amount, the penalty jumps to 1 year. This applies to even extremely small amoutns, even less than a single joint cigarette.
What About Other Sales?
Penalities for the sale or delivery of marijuana are also assigned by weight 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).
I am a Legal User of Medical Marijuana in my State. Can I Bring it into Texas?
Absolutely not. Texas does not recognize any form of medical marijuana, so all the same laws above apply to you, and if you are arrested while possessing marijuana, a medical card or doctor’s note will not be a valid defense. Federal law also does not recognize medical marijuana (even in your home state), so you should contact the Charles Johnson Law Firm before you ever try to carry medical marijuana over state borders.
Do I Need a Lawyer?
If you have been arrested in Texas for a marijuana crime, or have a legal prescription to marijuana and are thinking of going in state, it is very important to contact Austin Criminal Defense Attorney Charles Johnson immediately. The laws in this field are extremely harsh and frequently changing, so having up to date facts and advice can be the difference between a minor hassle and a prison sentence.When it comes to cases involving drug possession, an experienced and effective criminal defense attorney can mean the difference between a prison sentence and reduced or dismissed charges. Austin Drug Crimes Lawyer Charles Johnson is dedicated to defending the rights of the accused and is committed to the presumption of innocence. Even in less serious cases, a good criminal defense attorney can make a serious impact on the outcome of the case by ensuring that the rights of the accused are protected throughout the legal process. For these and other reasons, it is vital that those accused of a crime select the most competent, experienced and effective attorney available.If you have been accused of a crime, please contact us today for a free consultation with an aggressive and resourceful criminal defense attorney. We will work tirelessly to ensure the best possible outcome for your case. We are available 24 hours a day, 7 days a week to assist you with your criminal legal matter.
Charles Johnson |
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| Tags: amount, felony convictions, judge, little gifts, marijuana possession, minimum security prison, minimum sentence, Minor, pound limit, probation, probation requirements, reputation, sentence, state, state jail felony, texas judge, treatment, use, violent offenders, weight
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
On behalf of the Charles Johnson Law Firm:
If you face criminal prosecution, you want an experienced and knowledgeable attorney to protect your constitutional rights. A lot can be at stake. In addition to fines and penalties, you could face the forfeiture of assets or incarceration. If convicted of a felony, you might even risk the loss of certain basic rights, such as the right to vote or to possess a firearm. You want a lawyer who understands the unique aspects of the criminal justice system, who has successfully defended others in cases similar to yours.At the Charles Johnson Law Firm, I bring over a decade of criminal defense experience to clients throughout the great state of Texas. I have successfully handled many high-profile cases, including federal prosecutions for drug trafficking and importation. I use a skilled staff and team of investigators to prepare and present the best case for your defense.For a private meeting, contact me by e-mail or call my office at 512-832-1200 (toll free at 877-308-0100).
My Criminal Defense Blog
I set up this blog to provide useful information to people throughout Texas who face criminal investigation or prosecution. I will keep the blog updated, regularly posting articles on a wide range of topics, including:
I represent clients in state and federal prosecutions, as well as international criminal matters.This blog is intended to be a forum for the exchange of information. Please feel free to post your questions or comments regarding any matter discussed here.
Contact My Office
To set up a meeting, contact my office by e-mail or call me at 512-832-1200 (toll free at 877-308-0100).Se habla español.
Kind regards,
Charles R. Johnson, Jr.
 Charles Johnson Law Firm, Superior Criminal Defense
Charles Johnson |
One comment
| Tags: amp battery, behalf, blog, contact, Criminal, criminal defense lawyer, criminal justice system, criminal prosecution, defense experience, federal prosecutions, firearm, intoxication manslaughter, justice, loss, prior convictions, Reckless, record expungement, search and seizure, stake, state
We can be reached 24 hours a day, 7 days a week.
Call us at 512-832-1200 or toll free at 877-308-0100.
Major Credit Cards Accepted.
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