A drug can be legal when prescribed by a doctor, yet it can be illegal when someone uses it without a valid prescription. If you are being investigated for a prescription drug crime, you cannot afford to be poorly represented. Houston Criminal Lawyer Charles Johnson has expertly defended prescription drug charges in Houston and throughout Texas.

The Charles Johnson Law Firm regularly assists clients with drug cases involving illegal prescription medications, such as:

• Forging of prescriptions
• Pharmacy fraud and prescription fraud
• Illegal possession of prescription medications
• Transportation of drugs
• Distribution of drugs
• Illegal buying prescription drugs online
• Drug delivery, manufacturing and trafficking

If you have been charged with one or more of these offenses, you could be facing jail time and other significant consequences. It is important to know what to do in the days following an arrest and how an experienced attorney can build a vigorous defense for your charges. In many cases he will be able to have your case dismissed entirely. Call Houston Lawyer Charles Johnson at (713) 222-7577 to discuss your case. Attorney Johnson answers the phone 24 hours per day and offers you a free initial consultation.

Hire the Best Houston Drug Attorney: The Charles Johnson Law Firm

Prescription drug abuse is on the rise in Texas. There are many possible ways for someone to acquire prescription drugs for illegal use. Some people obtain the prescription drugs from a person who has a valid prescription. Others steal a doctor’s official prescription pad and forge the doctor’s signature for the medication, while some create a counterfeit prescription that resembles a doctor’s official prescription. There are some who do what is called “Doctor Shopping,” which entails going to many different doctors complaining about a medical condition to get prescriptions from each of them.

What is prescription drug abuse?

Prescription drug abuse is the use of a medication without a prescription, in a way other than as prescribed, or for the experience or feelings elicited. According to several national surveys, prescription medications, such as those used to treat pain, attention deficit disorders, and anxiety, are being abused at a rate second only to marijuana among illicit drug users. The consequences of this abuse have been steadily worsening, reflected in increased treatment admissions, emergency room visits, and overdose deaths.

How many people abuse prescription drugs?

According to results from the 2010 National Survey on Drug Use and Health (NSDUH), an estimated 2.4 million Americans used prescription drugs nonmedically for the first time within the past year, which averages to approximately 6,600 initiates per day. More than one-half were females and about a third were aged 12 to 17. Although prescription drug abuse affects many Americans, certain populations, such as youth, older adults, and women, may be at particular risk.

Who abuses prescription drugs?

Individuals of all ages abuse prescription drugs — data reported in the National Household Survey on Drug Abuse indicate that an estimated 36 million U.S. residents aged 12 and older abused prescription drugs at least once in their lifetime. The survey also revealed that millions of teenagers and young adults abuse prescription drugs — 2.7 million individuals aged 12 to 17 and 6.9 million individuals aged 18 to 25 abused prescription drugs at least once. Prescription drug abuse among high school students is a particular concern. According to the University of Michigan’s Monitoring the Future Survey, more than 10 percent of high school seniors in the United States abused narcotics (other than heroin) at least once in their lifetime. Nearly 17 percent abused amphetamines (a type of stimulant), 10 percent abused barbiturates, and 11 percent abused tranquilizers at least once.

Adolescents and young adults

Abuse of prescription drugs is highest among young adults aged 18 to 25, with 5.9 percent reporting nonmedical use in the past month (NSDUH, 2010). Among youth aged 12 to 17, 3.0 percent reported past-month nonmedical use of prescription medications.

According to the 2010 MTF, prescription and OTC drugs are among the most commonly abused drugs by 12th graders, after alcohol, marijuana, and tobacco. While past-year nonmedical use of sedatives and tranquilizers decreased among 12th graders over the last 5 years, this is not the case for the nonmedical use of amphetamines or opioid pain relievers.

When asked how prescription opioids were obtained for nonmedical use, more than half of the 12th graders surveyed said they were given the drugs or bought them from a friend or relative. Interestingly, the number of students who purchased opioids over the Internet was negligible.

Youth who abuse prescription medications are also more likely to report use of other drugs. Multiple studies have revealed associations between prescription drug abuse and higher rates of cigarette smoking; heavy episodic drinking; and marijuana, cocaine, and other illicit drug use among adolescents, young adults, and college students in the United States.

Older adults

Persons aged 65 years and older comprise only 13 percent of the population, yet account for more than one-third of total outpatient spending on prescription medications in the United States. Older patients are more likely to be prescribed long-term and multiple prescriptions, and some experience cognitive decline, which could lead to improper use of medications. Alternatively, those on a fixed income may abuse another person’s remaining medication to save money.

The high rates of comorbid illnesses in older populations, age-related changes in drug metabolism, and the potential for drug interactions may make any of these practices more dangerous than in younger populations. Further, a large percentage of older adults also use OTC medicines and dietary supplements, which (in addition to alcohol) could compound any adverse health consequences resulting from prescription drug abuse.

What prescription drugs are commonly abused?

The prescription drugs that are commonly abused in the United States fall into several broad categories: opioids/narcotics/pain relievers, CNS (Central Nervous System) depressants, and stimulants. Individuals abuse these drugs because they are an easily accessible and inexpensive means of altering a user’s mental and physical state; the effects vary depending upon the drugs they abuse.

What are some of the commonly abused prescription drugs?

Although many medications can be abused, the following three classes are most commonly abused:

Opioids—usually prescribed to treat pain;

Central nervous system (CNS) depressants—used to treat anxiety and sleep disorders; and

Stimulants—most often prescribed to treat attention deficit hyperactivity disorder (ADHD).

What are opioids?

Opioids are medications that relieve pain. They reduce the intensity of pain signals reaching the brain and affect those brain areas controlling emotion, which diminishes the effects of a painful stimulus. Medications that fall within this class include hydrocodone (e.g., Vicodin), oxycodone (e.g., OxyContin, Percocet), morphine (e.g., Kadian, Avinza), codeine, and related drugs. Hydrocodone products are the most commonly prescribed for a variety of painful conditions, including dental and injury-related pain. Morphine is often used before and after surgical procedures to alleviate severe pain. Codeine, on the other hand, is often prescribed for mild pain. In addition to their painrelieving properties, some of these drugs—codeine and diphenoxylate (Lomotil) for example—can be used to relieve coughs and severe diarrhea.

Drug Type:

Opioids/Narcotics/Pain Relievers

Common Brand Names:

• Dilaudid (Dust, Juice, Smack, D, Footballs)
• Lorcet (Pharmies, Beans, Hydro, Painkillers, Happy Pills)
• Lortab (Tab, Hydro, Norco, Vikes, Viko)
• Oxycontin (Hillbilly Heroin, Oxycet, Oxycotton)
• Oxycodone which includes Percocet, Percodan & Tylox (Percs, Paulas, Roxicotten, Roxi’s, Blue Dynamite, 512s)
• Vicodin (Happy Pills, Vikes)

What are CNS depressants?

CNS depressants, sometimes referred to as sedatives and tranquilizers, are substances that can slow brain activity. This property makes them useful for treating anxiety and sleep disorders. Among the medications commonly prescribed for these purposes are the following:

Benzodiazepines, such as diazepam (Valium) and alprazolam (Xanax), are sometimes prescribed to treat anxiety, acute stress reactions, and panic attacks. The more sedating benzodiazepines, such as triazolam (Halcion) and estazolam (ProSom) are prescribed for short-term treatment of sleep disorders. Usually, benzodiazepines are not prescribed for longterm use because of the risk for developing tolerance, dependence, or addiction.

Non-benzodiazepine sleep medications, such as zolpidem (Ambien), eszopiclone (Lunesta), and zalepon (Sonata), have a different chemical structure, but act on some of the same brain receptors as benzodiazepines. They are thought to have fewer side effects and less risk of dependence than benzodiazepines.

Barbiturates, such as mephobarbital (Mebaral), phenobarbital (Luminal Sodium), and pentobarbital sodium (Nembutal), are used less frequently to reduce anxiety or to help with sleep problems because of their higher risk of overdose compared to benzodiazepines. However, they are still used in surgical procedures and for seizure disorders.

Drug Type:

• CNS Depressants
• Tranquilizers
• Sedatives

Common Brand Names:

• Barbiturates which include Amytal, Nembutal, Seconal And Phenobarbital (Barbs, Blue Birds, Phennies, Tooties, Yellows, Reds, Yellow Jackets, Amytal, Downers, Nembutal, Phenobarbital, Red Birds, Red Devils, Seconal, Tuninal)
• Benzodiazepines which include Ativan, Halcion, Librium, Valium Or Xanax (Candy, Downers, Sleeping Pills, And Tranks)
• Flunitrazepam which includes Rohypnol (Known as a leading ‘date-rape’ drug, Forget-Me Pill, Mexican Valium, R2, Roche, Roofies, Rope)
• Ketamine which includes Ketalar (Kat, Valium K, Special K, Vitamin K)

What are stimulants?

As the name suggests, stimulants increase alertness, attention, and energy, as well as elevate blood pressure, heart rate, and respiration. Stimulants historically were used to treat asthma and other respiratory problems, obesity, neurological disorders, and a variety of other ailments. But as their potential for abuse and addiction became apparent, the medical use of stimulants began to wane. Now, stimulants are prescribed to treat only a few health conditions, including ADHD, narcolepsy, and occasionally depression—in those who have not responded to other treatments.

Drug Type:

Stimulants

Common Brand Names:

• Amphetamines which include Adderall, Dexedrine, Dextrostat, Desoxyn, ProCentra, Vyvanse and Biphetamine (Bennies, Black Beauties, Crosses, Hearts, LA Turnaround, Speed, Truck Drivers, Uppers)
• Methylphenidate which includes Ritalin (Jif, Mph, R-Ball, Skippy, The Smart Drug, Vitamin R, Kiddy Cocaine, West Coast)

How are prescription drugs abused?

Prescription drugs are abused in a variety of ways. Many of the prescription drugs that are commonly abused are available as tablets. Typically abusers either consume the tablets orally or crush them into a powder, which they then snort. In some instances, abusers dissolve crushed tablets in water and then inject the solution.

How many people suffer adverse health consequences from abusing prescription drugs?

The Drug Abuse Warning Network (DAWN), which monitors emergency department (ED) visits in selected areas across the Nation, reported that approximately 1 million ED visits in 2009 could be attributed to prescription drug abuse. Roughly 343,000 involved prescription opioid pain relievers, a rate more than double that of 5 years prior. ED visits also more than doubled for CNS stimulants, involved in nearly 22,000 visits in 2009, as well as CNS depressants (anxiolytics, sedatives, and hypnotics), involved in 363,000 visits. Of the latter, benzodiazepines (e.g., Xanax) comprised the vast majority. Rates for a popular prescribed nonbenzodiazepine sleep aid, zolpidem (Ambien), rose from roughly 13,000 in 2004 to 29,000 in 2009. More than half of ED visits for prescription drug abuse involved multiple drugs.

One in five teens nationwide were reported abusing a prescription pain medication and one in ten reported abuse of a prescription stimulant. (The Partnership for a Drug-Free America)

More teens abuse prescription drugs than any other illicit drug, except marijuana—more than cocaine, heroin, and methamphetamine combined. (The Partnership for a Drug-Free America)

Local school officials privately express concern about the selling and easy access of prescription drugs in their schools. School administrators, however, are reluctant to speak publicly about the problem.

Experts don’t know exactly why this type of drug abuse is increasing. The availability of drugs is probably one reason. Doctors are prescribing more drugs for more health problems than ever before. Online pharmacies make it easy to get prescription drugs without a prescription, even for youngsters.

How are they obtained?

Prescription drugs are obtained in various ways. In some cases, unscrupulous pharmacists or other medical professionals either steal the drugs or sell fraudulent prescriptions. In a process known as doctor shopping, abusers visit several doctors to obtain multiple prescriptions. Individuals also call pharmacies with fraudulent prescription refills, or they alter prescriptions. Prescription drugs occasionally are stolen from pharmacies. Young people typically obtain prescription drugs from peers, friends, or family members. Some individuals who have legitimate prescriptions sell or give away their drugs. Young people also acquire prescription drugs by stealing them from relatives and other individuals with legitimate prescriptions or from school medicine dispensaries.

Is abusing prescription drugs illegal?

Yes, it is illegal to use prescription drugs without a valid prescription or to distribute them. The penalties associated with the abuse or illegal distribution of prescription drugs vary depending upon the drug type.

What are the penalties for possessing illegal prescription drugs in Texas?

Prescription drugs are offered legally through a prescription, however, possession of prescription pills without a legal prescription can land you in jail in Texas.

Sec. 481.115. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 1. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a controlled substance listed in Penalty Group 1, unless the person obtained the substance directly from or under a valid prescription or order of a practitioner acting in the course of professional practice.

Sec. 481.117. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 3. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a controlled substance listed in Penalty Group 3, unless the person obtains the substance directly from or under a valid prescription or order of a practitioner acting in the course of professional practice.

Possession With Intent to Distribute

Some states have laws making it illegal to be in possession of your own prescription drugs under certain circumstances. Most states have laws that make it illegal to carry around pills that are not in their labeled prescription bottle.

In other words, if you are carrying around pills that your doctor prescribed to you, but have them loose in your pocket or purse, that is illegal. The presumption is that you are carrying them in that manner so that you can distribute them.

Purchasing Prescription Drugs over the Internet

Federal law prohibits buying controlled substances such as narcotic pain relievers (e.g., OxyContin®, Vicodin®), sedatives (e.g., Valium®, Xanax®, Ambien®), stimulants (e.g., phentermine, phendimetrazine, Adderall®, Ritalin®) and anabolic steroids (e.g., Winstrol®, Equipoise®) without a valid prescription from your doctor. This means there must be a real doctor-patient relationship, which by most state laws requires a physical examination. Prescriptions written by “cyber doctors” relying on online questionnaires are not legitimate under the law.

Buying controlled substances online without a valid prescription may be punishable by imprisonment under Federal law. Often drugs ordered from rogue websites come from foreign countries. It is a felony to import drugs into the United States and ship to a non-DEA registrant.

Buying drugs online may not be only illegal, but dangerous. The American Medical Association and state boards of medicine and pharmacy have all condemned the practice of cyber doctors issuing online prescriptions as unacceptable medical care. Drugs delivered by rogue websites may be the wrong drugs, adulterated or expired, the wrong dosage strength, or have no dosage directions or warnings.

Hire the Best Houston Prescription Drugs Attorney: The Charles Johnson Law Firm

Some people believe that crimes that involve prescription drugs are treated less seriously than crimes that involve marijuana, cocaine and other illegal drugs. This is not true, however, and the penalties for prescription drug crimes in Houston can be just as severe as penalties for illegal drug crimes. Depending on the type and amount of drug, the consequences could be significant.

If you have been charged with an offense involving illegal prescription medications, you need an experienced criminal defense attorney who can successfully represent you and protect your rights. Houston Lawyer Charles Johnson has expertly defended prescription drug charges for many years. In many cases he will be able to have your case dismissed entirely. Contact him now for your free consultation.

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. Attorney 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:

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: 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.

The Charles Johnson Law Firm can expertly assist you with any of the following:

• Probation or Parole violations
• Extended supervision violations
• Probation or Parole revocation hearings
• Reconfinement hearings
• Negotiating with probation/extended supervision agent

Revocations are often based on new charges but sometimes just on mere allegations. It is important to contact the experienced Houston Probation Attorney at the Charles Johnson Law Firm early on in your case so we can work to negotiate an alternative to revocation or seek lower re-confinement recommendations.

Background
The use of probation and parole is governed in part by competing philosophies, classicalism and positivism. In short, classicalists believe that offenders choose their actions and, therefore, in order to prevent (or deter) future criminal acts, such individuals should be punished. Conversely, positivists believe that individuals are forced into the choice of committing crime through no fault of their own and, therefore, the conditions and/or behaviors that caused the action should be remedied, ultimately resulting in rehabilitation of the offender.

Legislative acts and public sentiment further dictate the application of probation and parole. Therefore, universal and consistent definitions and applications of probation and parole are not available as the methods of punishment and governing philosophies have evolved and moved toward the twenty-first century.

While these factors contribute to a lack of consistency when dealing with probation and parole, the primary obstacle to detailing specific state protocols is that the practice of granting probation and/or parole at the state level is dependent on the discretionary powers of select individuals, such as the prosecutor, the judicial authority, and the parole board, to name just a few.

Probation

Definition
Probation is a court-imposed sanction that “releases a convicted offender into the community under a conditional suspended sentence.” This practice assumes that most offenders are not dangerous and will respond well to treatment. In fact, the average probationer is a first time and/or non-violent offender who, it is believed, will be best served by remaining in the community while serving out the sentence. Probation is a form of punishment issued by a criminal court in place of incarceration. The probationer is generally considered to be a non-violent offender who has been convicted of a crime but is not considered a danger and is believed to be better served by being placed on probation instead of in a jail cell. Probationers are typically convicted of misdemeanor offenses, have already served partial jail time for the offenses or are first time offenders or minors. Probationers are often forced to modify their lifestyle by reporting to a probation officer, living in certain locations, abiding by a set curfew and avoiding association with known criminal offenders.

History
Historically, probation does not involve incarceration, making it a front-end solution to address the overcrowding problem in U. S. prisons and jails. While the immediate goal of any probation program is rehabilitation, in reality it is more a necessity than an instrument. As a result, other programs have been developed under the umbrella of community corrections that utilize elements of conditional release resulting in the expansion of probation-type programs.

Probation developed as a result of the efforts of philanthropist, John Augustus, to rehabilitate convicted offenders, although references to similar practices exist as early as 437-422 BC. It was favored because it allowed judicial authorities a great deal of discretion when imposing sentences, thereby providing the opportunity to tailor sentences to a particular offender, in theory allowing for the greatest possibility of rehabilitation. While sentences of probation vary widely across and within jurisdictions, the maximum length of time that one can be under supervision is 5 years (60 months).

The functions of probation are difficult to state definitively. It is known that at its inception, John Augustus’ goal was behavioral reform. This reflects the sentencing goal of rehabilitation. Fundamentally, it is believed that by allowing the offender to remain in the community, the system is providing a second chance. Further, support and guidance from probation officers may achieve the aim of guiding the offender towards a law-abiding existence.

Given that probation is no longer limited to first-time, non-violent offenders who pose minimal risk to the community, the reality is significantly different. Coupled with low confidence in the effectiveness of rehabilitative success and a burgeoning offender population, actual practices tend to be dictated by conflicting goals on both an individual and administrative level. In an aggressive bid to prevent jail or prison overcrowding, several alternatives to incarceration have developed. Some such programs enable offenders traditionally incarcerated to be released into the community, thereby forcing a shift in focus from rehabilitation to control and supervision.

Intensive Supervised Probation (ISP)
ISP is a form of release into the community that emphasizes close monitoring of convicted offenders and imposes rigorous conditions on that release, such as the following:

• Multiple weekly contacts w/officer
• Random and unannounced drug testing
• Stringent enforcement of conditions, i.e.,: maintaining employment
• Required participation in treatment, education programs, etc.

Individuals on ISP are those who most likely should not be in the community. The restrictions placed on them are often excessive and the level of direct, face-to-face contact required is believed to significantly deter, or at least interfere, with any ongoing criminal activity.

Shock Probation and Split Sentencing
Shock probation/split sentencing is a sentence for a term of years, but after 30, 60, or 90 days, the offender is removed from jail or prison.

While these terms are used interchangeably, they are actually two different activities. In shock probation, the offender is originally sentenced to jail, then brought before the judge after 30, 60, or 90 days and re-sentenced to probation. In split sentencing, probation is part of the original sentence requiring no additional appearance before the judge.

Revocation
Probation revocation occurs when an offender who has been sentenced to serve his punishment in the form of probation rather than incarceration violates the terms of his probation and is imprisoned. Probation can be revoked for a variety of reasons and may have varying consequences for the individual who has had his probation revoked, depending location and the regulations of the law enforcement agency involved.

Probation revocation means that the offenders probation officer has decided that the offender is not complying with the terms that were set for his probation and should be imprisoned for the remaining length of his sentence. Probation officers have to meet with a judge during a hearing and present evidence that the probationer is not fulfilling the terms of the probation before the probation will be revoked. Individuals are notified when their probation is revoked. If they do not turn themselves in to the court or police, a warrant will be issued for their arrest.

Reasons for Probation Revocation
Probation revocation occurs when an probationer violates the terms of her unique probation sentence. This could mean going outside a specified area such as a state or county, not being home prior to a specified time, failing to pay fines, check in with a probation officer or complete community service. Probation may also be revoked if the probationer commits or is accused of committing another crime during the time of their probation.

Consequences of Probation Revocation
When probation is revoked, the offender is sent to jail to serve out the remainder of his sentence. This means that the offender is completely incarcerated for an amount of time that will be decided by the judge during a probation revocation hearing where the probation officer reports why he believes the offender’s probation should be revoked. In some instances, depending on the crime and the severity of the issue that caused probation to be revoked, an offender’s time on probation will be taken into consideration. She may receive a jail sentence that is shorter than her original sentence, since the time spent on probation can be considered to have been part of the time served for the crime.

Since probation is a conditional release, it can be revoked, or taken away, if the conditions governing release are not met (technical violation) or if a new crime is committed during the probationary period (new offense).

Probation revocation is initiated by the probation officer’s belief that a violation warranting revocation has occurred. As a result of the 1973 case Gagnon v. Scarpelli (411 U.S. 778), the Supreme Court decided that where “liberty interests” are involved, probationers are entitled to retain certain due process rights. Such rights include: (1) written notification of the alleged violations; (2) preliminary (or probable cause) hearing at which a judicial authority will determine whether sufficient probable cause exists to pursue the case; and (3) if warranted, a revocation hearing.

If a revocation hearing is scheduled, probationers have the right to testify in their own behalf, may present witnesses, and may have an attorney present. While the Gagnon court was vague regarding the right to court appointed counsel at a revocation hearing, most jurisdictions do provide the right to appointed counsel.

The standard of proof required at a revocation hearing is a “preponderance of the evidence”, lower than that required at a criminal trial. Possible outcomes include return to supervision, reprimand with restoration to supervision, or revocation with imprisonment.

If you were placed on deferred adjudication probation, a probation revocation could result in a conviction on your criminal record or possibly a jail or prison sentence. Houston Criminal Lawyer Charles Johnson provides aggressive and thorough representation for clients facing a revocation of probation. His primary goal when representing a client in a probation revocation proceeding is to explore all defenses and possible alternatives that could avoid revocation of your probation.

Early Intervention in Houston Probation Violations
If a motion to revoke probation has been filed against you or if you are potentially facing the possibility of probation revocation, the time to act is now! Early intervention in a probation violation matter can often make the difference between facing a probation revocation hearing, or indeed whether or not a motion to revoke probation is filed at all. Houston Criminal Lawyer Charles Johnson has the experience necessary to make the court, probation officer, and the District Attorney’s Office aware of all circumstances regarding your case and to explore all defenses and possible alternatives to avoid revocation of your probation.

Parole

Definition
Parole is the “conditional early release from prison or jail, under supervision, after a portion of the sentence has been served.” This practice assumes that the offender successfully demonstrated conformity to the rules and regulations of the prison environment and shows an ability to conform to society’s norms and laws.

History
The word, parole, derives from the French “parol” meaning “word of honor” and references prisoners of war promising not to take up arms in current conflict if released. How that concept came to apply to the early release of convicted, often violent, offenders is less clear. The first documented official use of early release from prison in the United States is credited to Samuel G. Howe in Boston (1847), but prior to that, other programs using pardons achieved basically the same outcome. In fact, as late as 1938, parole was simply a conditional pardon in many states.

Alexander Maconochie (England) ran the Norfolk Island prison. During his tenure, he instituted a system whereby inmates would be punished for the past and trained for the future. He believed that inmates could be rehabilitated so he implemented an open-ended sentencing structure where inmates had to “earn” their release by passing through three stages, each stage increased their liberty and responsibilities. Inmates had an open time frame in which to earn the next level. Compliance advanced them; infractions resulted in a return to the previous stage, thereby lengthening the sentence. The open-ended sentences (today known as indeterminate sentencing) allowed the administration to ensure that when finally released, an offender’s behavior had been successfully reformed. Eventually, Maconochie was removed from his position under criticism that his program “coddled” criminals.

At about the same time, Sir Walter Crofton was developing a similar program in Ireland using “tickets of leave”. The “Irish System” as it came to be known, employed a similar practice of allowing inmates to earn credits towards early release. However, once the “ticket of leave” was achieved, release from custody was conditional. The releasees were supervised in the community by either law enforcement or civilian personnel who were required to secure employment and to conduct home visits. These “supervisors” represented the forerunner to today’s parole officer.

In the United States, Zebulon Brockaway (Superintendent) employed elements from both the Irish and Great Britain models in managing the Elmira Reformatory during the 1870s. Brockaway is credited with the passage of the first indeterminate sentencing law in the United States as well as introducing the first good time system to reduce inmates’ sentences. However, releasing the offenders was only part of the problem and initially, the greatest challenge was providing adequate supervision once release had been granted.

By 1913, it was clear some independent body was required to supervise inmates in the community and by 1930, Congress formally established a United States Board of Parole. It appeared, at least for awhile, that initiatives and programs were developing that could make parole a viable and useful tool of the criminal justice system. But unfortunate timing contributed ultimately to its downfall.

In 1929, the Great Depression hit the United States. An immediate result was a sharp increase in prison populations. However, the high cost of maintaining prisons as well as a lack of available personnel to staff them made new construction prohibitive and contributed to the popularity of parole. While alleviation of the overcrowding problem is often cited as a secondary (or latent) goal, the reality is that as a back-end solution, parole is vital to the maintenance of the correctional system.

With the onset of the twentieth century, philosophers began to examine the social and psychological aspects of criminal behavior. This heralded a shift from classicalist thinking towards positivism. Under positivism, actions are believed to be caused by forces beyond one’s control (such forces could be psychological, biological, or sociological in origin). Therefore, parolees were now viewed as “sick” and the parole department was charged with the responsibility of “fixing” them.

Positivism is consistent with a less punitive approach to sentencing and generally involves an indeterminate sentencing structure allowing for the possibility of early release if the offender demonstrates that they have been successfully rehabilitated. As such, it fit well with the Elmira system and the timing afforded officials the opportunity to use parole as a means to relieve the overcrowded conditions that had developed during the depression.

The fact that parole involves some incarceration suggests that the average parolee has committed a more serious crime than the average probationer and, hence, poses a greater risk to the community. Therefore, primary goals of parole must include crime deterrence and offender control. And given that most offenders will eventually return to the community, a rival goal is reintegration, or the facilitation of an offender’s transition from incarceration to freedom.

Unfortunately, it appeared during the 1980s that parole was failing. Street crime rates during this period skyrocketed and in many cases, the crimes were perpetrated by individuals who were released into the community prior to the official expiration of their sentence. This reality led to the development of penal philosophies espousing “tough on crime” approaches and demanding “truth in sentencing”. Such philosophies warned criminals, “do the crime, do the time” and resulted in radical changes to sentencing practices across the country that indicated a return to a more punitive sentencing structure.

Revocation
Since parole is a conditional release, it can be revoked or taken away, if the conditions governing release are not met (technical violation) or if a new crime is committed during the probationary period (new offense). In this manner, it is similar to probation; however, it differs in that probation is governed by judicial decisions whereas parole is governed by administrative procedures. As a result of the administrative nature of parole, the revocation process is so varied among the jurisdictions.

In large part, however, most minor infractions are dealt with by the parole officer and may not necessitate involvement of the parole board. Some jurisdictions empower the parole officer to immediately take a parolee into custody for 24 (New York) to 48 hours (Pennsylvania) for purposes of obtaining an arrest warrant. This practice is typically employed when the offender represents an immediate threat to public safety.

With respect to the legal protections afforded to parolees, the first case to explore this issue was Morrissey v. Brewer (1972). The Morrissey case explored the extension of due process rights of (1) written notice to parolee prior to general revocation proceeding; (2) identification of the violations being presented and any evidence being used to prove that the violation took place; (3) the right of the parolee to confront and cross-examine accusers (subject to exceptions) and (4) a written explanation for the decisions regarding the revocation of the parole and what evidence was employed in making that decision. Perhaps the greatest contribution of the Morrissey case was the creation of a two-stage process wherein first, probable cause that violations had occurred had to exist in order to go to the second stage, which was the actual revocation hearing.

Interestingly, the Supreme Court did not choose to create a bright line rule for the right to court-appointed counsel at a revocation hearing. For the most part, however, most jurisdictions have followed the decision in Mempa v. Rhay (1967). While this case specifically dealt with the rights of probationers, it has been applied recently to parolees as well. Basically, the Supreme Court wrote that “any indigent is entitled at every stage of a criminal proceeding to be represented by court-appointed counsel, where substantial rights of a criminal accused may be affected.” In sum, the Supreme Court considered the liberty interests of the probationers and decided that a probation revocation hearing constituted a “critical stage” which dictated adherence to due process protections. This rationale has consistently been extended to include parole revocation hearings as well.

Abolishment
As of 2001, 15 states (Arizona, California, Delaware, Illinois, Indiana, Kansas, Maine, Minnesota, Mississippi, Ohio, Oregon, New Mexico, North Carolina, Virginia and Washington) and the Federal government have eliminated parole programs in lieu of a determinate model of sentencing reflective of a more retributive approach to punishment. (New York Gov. George Pataki proposed making New York the sixteenth state)

Such an action may seem warranted given the apparent inability of the system to guarantee the protection of the citizens and the end result is predictable. Overcrowding still represents the greatest challenge to the correctional industry. In fact, three states (Connecticut, Colorado, and Florida) reinstituted the parole boards after eliminating them due to the unforeseen overcrowding problems. The reality is that removal of parole ultimately leads simply to a shift in power from parole boards to prosecutors, in that the option most often exercised in states without parole, is probation.

Contact Houston Probation Lawyer Charles Johnson if You are Not Ready to Give Up – Jail is not the Only Option

Once we have dissected your probation revocation complaint, we will mount an aggressive defense, knocking out many of the counts against you. In the end, if you do have some counts that are proven to the court, we can often have probation reinstated, provided you accomplish some heroic steps at our direction prior to the revocation hearing. We will consult with you and our team of treatment experts to build a track record of success prior to your probation revocation hearing. These efforts will show the District Attorney and the judge that you are worthy of another chance at probation, and that you are not a danger to the community. With a well thought out and implemented plan, you have more options than jail or prison if the judge revokes your probation.

If you are accused of violating the terms of your parole or probation or have questions regarding a potential probation offense, please call at anytime for a free initial consultation.

Houston Lawyer Charles Johnson 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.

Drug trafficking is generally referred to as the manufacturing, transporting and distributing of large quantities of drugs. It often involves more than one person. Drug trafficking charges are wide and varied depending on the scope of the trafficking. Additionally, if the drug trafficking was directed towards minors, then prosecutors will seek enhancements to the charges. State and federal governments have adopted strict laws and severe penalties regarding the trafficking of drugs. Penalties can approach seven figures and decades in prison for severe cases. Houston Criminal Lawyer Charles Johnson has proven how to successfully approach and handle these types of cases and he should be contacted immediately when an arrest is made for drug trafficking.

Drug Trafficking is probably the most charged offense in federal court and is also quite prevalent in state courts. Because of the severity of the sentences, evidence and all circumstances and conditions regarding your arrest will be thoroughly examined by the Charles Johnson Law Firm and their team of experienced investigators. Drug trafficking cases can be quite involved, and with the vast amounts of drugs coming in from Mexico, prosecutors are aggressively pursuing convictions.

Types of Drug Trafficking Laws

Drug trafficking laws vary by country and region, but generally include distribution, manufacturing, and dispensing certain categories of controlled substances. Usually, the drugs are classified according to type and the addictive nature of the drug. Highly addictive narcotics like heroin and crack typically fall into one class, while marijuana and prescription drugs are considered less harmful. International drug trafficking laws are commonly handled under customs law.

Possession of drugs with the intent to sell routinely falls under drug trafficking statutes. If someone is found with a large amount of narcotics, it may be presumed that he or she intends to distribute the drugs for money. Different regions determine how much and what kind of drug is considered outside limits for personal use. Penalties for violations of these drug trafficking laws are often based on the quantity of the substance and its type.

Those who manufacture drugs may be charged under drug trafficking laws in most places. These sections of the law typically include possession of chemicals or equipment needed to make the controlled substance. Narcotics laws in each country outline the exact chemicals or equipment considered illegal.

Drug trafficking laws may include a provision that allows law enforcement to seize assets used to commit a crime. For example, if drugs are sold from a house or vehicle, a judge may order that those assets be forfeited to the government. The property is typically sold at a public auction, with the proceeds going to fund narcotics operations.

Almost any scheduled narcotic can qualify for a drug trafficking charge. In state courts the amount of drugs (cocaine, cannabis, extasy, crystal meth, acid, heroine, prescription medication) will determine if a possession charges becomes a trafficking charge. Even if you are only going to used the drugs for your personal consumption, the amount that you possess could bring a trafficking charge. You may also qualify for a distribution charge if it appears that a small amount of drugs was packaged for distribution. Each state is different as to the amount necessary for the trafficking charge. Under the federal statute you can be charged for the amount you have and or the amount you were trying to buy from a government agent. You may never actually possess the drugs, but you will be charged.

Supplying drugs to children or using minors to distribute narcotics generally carries tougher penalties than those that apply to adults. In some areas, maintaining a home for the purpose of making or distributing drugs where children live is also considered a more serious drug trafficking offense. Stiffer sanctions might also be imposed for those who sell drugs near schools, playgrounds, arcades, and other areas where children congregate.

Laws also exist that regulate drug trafficking by criminal gangs or organized groups. Penalties might be enhanced if weapons are used in the distribution of a controlled substance. Those with profits from organized sales of narcotics can also be prosecuted under money laundering statutes in some jurisdictions.

Defenses for Drug Trafficking Charges

Houston Criminal Lawyer Charles Johnson will provide skilled advice and representation to clients facing state or federal drug charges. He is considered an expert when defending against charges related to:

• Interception of a drug shipment
• Drug conspiracy charges
• Interstate drug distribution
• Undercover interstate trafficking stings
• Illegal sale and trafficking of prescription drugs
• Illegal sale and trafficking of cocaine, heroin, marijuana, methamphetamine (meth), MDMA (Ecstasy)

Drug trafficking charges often hinge on the prosecution’s illegal search and seizure of your vehicle, undercover drug operations, and confidential informants who are attempting to make a deal. As an expert lawyer skilled in drug cases, Attorney Johnson will thoroughly investigate how the prosecution came upon the evidence collected and determine if the method of collecting the evidence is in violation of your constitutional rights.

The court will have no choice but to keep any illegally obtained evidence out of trial. Attorney Johnson’s ability to thoroughly investigate drug cases and vigorously challenge the factual and constitutional merits of the prosecution’s case has proven effective in his defense of clients facing drug trafficking charges involving cocaine, heroin, marijuana, methamphetamine (meth) or prescription narcotics.

Even if the police find drugs directly in a person’s possession, the drugs and other evidence could be suppressed (thrown away) if the police did not follow the proper procedures required under the U.S. Constitution. One of the first things Attorney Johnson will look for when defending someone accused of a drug offense is whether the police themselves acted in a legal manner. Other defenses include areas such as whether the actual weight of the substance was correct when allowing for hydration, whether the chemical composition of the substance was correct as charged, whether there was joint or constructive possession of the substance which could subject the case to a Motion to Dismiss and whether the accused was entrapped into committing the offense by law enforcement or one of its informants.

Another possible defense for drug trafficking charges would involve a violation of constitutional right to counsel and right to remain silent. Once charged or in custody, you are required to be informed of your rights and given access to legal representation if you request it. Contact Houston Criminal Lawyer Charles Johnson immediately upon arrest before saying anything that could be used against you in the future. This can often mean the difference between a conviction and walking away free of any charges. You would be surprised at how many cases result in a conviction due largely to statements made by the accused.

Other possible defenses may include:

• Lack of knowledge
• Mistake of fact (For example, thinking the drug was sugar when in fact, it was cocaine.)
• Duress (For example, if Bob was forced to transport the cocaine because if he refused, something bad would happen to his family.)
• The substance was not intended for human consumption

Lastly, Attorney Johnson will determine if inappropriate charges were filed. Drug trafficking is a highly political issue, and you may find yourself facing inflated charges. The right attorney can insure that any charges you do face are appropriate to the acts alleged by the prosecutor.

At the Charles Johnson Law Firm, we have the experience and know-how to guide you through this complicated process from the moment of your arrest through trial, if necessary.

The defense of drug-related crimes can be difficult and complex and requires an attorney with special skills, experience and knowledge. Houston Criminal Lawyer Charles Johnson is highly qualified to defend your case. Whether it is identifying a drug addiction issue so that we may assist in getting them treatment or counseling, negotiating a fair resolution in an effort to have charges or a sentence reduced or preparing and taking a case to trial, the Best Houston Criminal Lawyer is available to assist and defend you.

As an extremely experienced criminal lawyer specializing in drug cases at both the Federal and State level, Houston Criminal Lawyer Charles Johnson is well aware of the strategies, theories and methods employed by prosecutors when they prosecute a drug case. Attorney Johnson will use this knowledge to his client’s advantage while defending their cases to get the best possible outcome on their behalf.

We are proud to represent and care about our clients. We know the devastation that a drug conviction, an addiction or incarceration for a drug offense can bring to an individual or his/her family. We will answer your questions and guide you through the whole process, working to take away some of the confusion and uncertainty that comes along any drug offense charge, while all along seeking the most favorable outcome for you or your loved one.

Drug Trafficking by Criminal Gangs

There are nearly 1 million active gang members in the United States, based on analysis of federal, state, and local data, and the involvement of criminal gangs in domestic drug trafficking is becoming increasingly complex. Since 2001, many gangs have advanced beyond their traditional role as local retail drug distributors in large cities to become more organized, adaptable, deliberate, and influential in large-scale drug trafficking. Much of their growing influence has come at the expense of local independent dealers and small local criminal groups who cannot compete with gangs that establish control in smaller drug markets.

The influence of Hispanic and African American street gangs is expanding as these gangs gain greater control over drug distribution in rural and suburban areas and acquire drugs directly from Drug Trafficking Organizations (“DTOs”) in Mexico or along the Southwest Border.

In 2009, midlevel and retail drug distribution in the United States was dominated by more than 900,000 criminally active gang members representing approximately 20,000 domestic street gangs in more than 2,500 cities. These street gangs vary greatly with respect to their ethnic or racial identities, the types and amounts of drugs that they distribute, their strength and influence, and their adaptability. Their prevalence varies geographically, with the greatest concentration of street gangs occurring in the Great Lakes, Pacific, Southeast, and Southwest Organized Crime Drug Enforcement Task Force (OCDETF) Regions.

Many Hispanic and, to a lesser extent, African American gangs are gaining control over drug distribution outside urban areas that were previously supplied by local independent dealers or small local criminal groups. Around 2007, Hispanic and African American gangs throughout the country, but especially in the Southwest and Great Lakes Regions, began to command greater influence over drug distribution in many rural and suburban areas. This trend continued in 2009. For example, in 2009, the Avenues street gang based in Los Angeles, California, expanded its operations to distribute drugs in suburban and rural locations throughout southern California.

To increase their control over drug trafficking in smaller markets, street gangs have been increasingly acquiring larger wholesale quantities of drugs at lower prices directly from DTOs in Mexico and along the Southwest Border. Several Southwest Border street gangs, such as Shelltown 38th Street, Tri-City Bombers, and Vallucos, smuggle wholesale quantities of drugs obtained in Mexico into the United States. By purchasing directly from Mexican wholesale sources in Mexico or along the Southwest Border, gangs throughout the country realize cost savings that enable them to sell drugs at lower prices than local independent dealers in small communities, driving these dealers out of business. For example, members of the Chicago-based Latin Kings street gang who operate in Midland, Texas, purchase cocaine from Mexican traffickers in south Texas for $16,000 to $18,000 per kilogram, compared with $25,000 to $35,000 per kilogram from wholesale traffickers in Chicago. With this savings, the gang undersells other local dealers who do not have the capacity to buy large wholesale quantities directly from Mexican DTOs in Mexico or along the Southwest Border.

Hispanic prison gangs, primarily in Southwest Border states, are gaining strength by working directly with Mexican DTOs to acquire wholesale quantities of drugs and by controlling most street gangs in areas along the Southwest Border.

Prison gangs are active in all 50 states and are increasing their influence over drug trafficking in areas along the Southwest Border (see Table B4 in Appendix B). Prior to 2001, the criminal influence of prison gangs was limited primarily to retail-level drug distribution. However, since that time, Hispanic prison gangs have become increasingly involved in the transportation and wholesale distribution of drugs.

Hispanic prison gangs such as Hermanos de Pistoleros Latinos (HPL) and Raza Unida operating in Southwest Border states have increased their involvement in wholesale drug distribution activities through cooperative relationships with Mexican DTOs. Through these relationships, Hispanic prison gangs are able to gain access to wholesale quantities of drugs. For example, in September 2009, 21 members of HPL were convicted in the Southern District of Texas (Houston) of conspiring to distribute more than 150 kilograms of cocaine and laundering millions of dollars in drug proceeds. In April 2009, 15 members and associates of the Raza Unida prison gang were indicted for trafficking multikilogram quantities of cocaine and methamphetamine weekly in McAllen and Houston, Texas.

To ensure a consistent profit stream from the wholesale drugs that they purchase from Mexican DTOs, Hispanic prison gangs distribute drugs through street gangs that they largely, if not entirely, control. Through force or intimidation, Hispanic prison gangs exercise significant control over local gangs that distribute their drugs in the Southwest Border region. For example, Barrio Azteca prison gang members operating in El Paso, Texas, collect drug payments and taxes from 47 street-level gangs and independent drug dealers trafficking drugs in El Paso.

Potential Penalties for Drug Trafficking

The penalties for drug trafficking offenses vary and depend on a number of factors. These include the type and amount of illegal drugs (also called “controlled substances”) found in a person’s possession, whether the person is a repeat offender and the state in which the person is charged.

Drug trafficking or distribution in Texas is a felony upon which a wide range of penalties may be imposed. It may be anywhere from a state jail felony, which carries the lightest sentence, to a first degree felony, which carries the harshest. The factors influencing which sentence will be imposed are: (1) the amount of the drug being distributed or delivered; and (2) the type of drug and which of the four groups of drugs it is classified under. The smaller the amount of a drug in a certain group, the lighter the sentence may be.

Texas has some very heavy penalties for drug trafficking. Prosecutors may often offer plea deals to defendants where they may offer a charge with a lesser penalty in exchange for information that would help them gather evidence for a higher priority investigation.

The sentences involved may range anywhere from 180 days to two years in state jail and/or a fine of no more than $10,000 for a state jail felony, to life in the Texas Department of Criminal Justice or a term of 15 to 99 years in prison and/or a fine of not more than $250,000 for the heaviest first degree felony. The harshness of the sentence imposed depends on how much of the drug is being trafficked. For example, trafficking or distributing less than one gram of a substance in the first grouping of drugs carries a state jail felony charge, whereas trafficking 400 grams or more of any one of the same drugs carries a first degree felony charge that may include a life sentence.

At the Federal level, the Controlled Substances Act (PL 91-513, 1970, last amended in 2000) provides penalties for the unlawful manufacture, distribution, and dispensing (or trafficking) of controlled substances, based on the schedule (rank) of the drug or substance. Generally, the more dangerous the drug and the larger the quantity involved, the stiffer the penalty. Trafficking of heroin, cocaine, LSD, and PCP, all Schedule I or II drugs (see Table 2.1 in Chapter 2), includes mandatory jail time and fines. A person caught selling at least five hundred grams but less than five kilograms of cocaine powder (seventeen ounces to just under eleven pounds) will receive a minimum of five years in prison and may be fined up to $2 million for a first offense. (See Table 6.1.) The same penalty is imposed for the sale of five to forty-nine grams of cocaine base (“crack”). Five grams are equal to the weight of six plain M&Ms candies, and forty-nine grams are a little more than a bag of M&Ms candies (47.9 grams). The high penalty for selling crack is an expression of the unusual severity with which legislators are trying to curb the use of this drug.

Penalties double with the second offense to ten years in prison and up to $4 million in fines. When higher quantities are involved (five or more kilograms of cocaine powder, fifty grams or more of crack, etc.), penalties for the first offense are ten years, and fines up to $4 million may be levied. For the second offense, twenty years and up to $8 million in fines are given, and the third offense results in mandatory life imprisonment. These examples are for an individual. Higher penalties apply if an organized group is involved or if a death or injury is associated with the arrest event.

These penalties apply also to the sale of fentanyl (a powerful painkiller medicine) or like-acting drugs, heroin, LSD, methamphetamine, and PCP. The smallest amount, which can earn someone a minimum sentence of five years in prison and a fine of up to $2 million, involves trafficking in LSD, where a one-gram amount carries a five-year minimum sentence in prison.

Special penalties exist for marijuana trafficking, since it may be traded in large quantities or grown in substantial amounts. The lower the amounts sold or the fewer the plants grown, the lower the sentence. A person cultivating one to forty-nine plants or selling less than fifty kilograms of marijuana mixture, ten kilograms or less of hashish, or one kilogram or less of hashish oil may get a maximum sentence of five years in prison and a maximum fine of $250,000. Sentences for second offenses involving large amounts of marijuana may earn the trafficker up to life imprisonment.

The penalties for drug trafficking are harsh, and reflect the seriousness of this felony offense and the current political climate. A conviction can lead to jail time, forfeiture of property and fines, but that is only part of the story. It places your current employment in jeopardy, places a severe emotional strain on you and your family, adversely affects your ability to find new work, and places your entire future at risk.

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

A drug trafficking conviction can have an extremely adverse effect on a person’s current and future life in many regards. Both state and federal prosecutors have their eye on a conviction of the most severe charges possible and not on your rights. Houston Criminal Lawyer Charles Johnson will work diligently with prosecutors regarding any circumstances or conditions that could result in charges being dropped or reduced. If necessary, our firm can take your case to court and present a strong defense on your behalf.

The Charles Johnson Law Firm expertly handles all types of Texas drug-related offenses, from the less severe, like simple possession of a small amount of certain drugs, to the more serious ones, such as participating in an organized drug trafficking business with sale, distribution and manufacturing activities. We also defend charges involving controlled substances, such as, marijuana, crack, paraphernalia, cocaine, heroin, ecstasy, methamphetamines (meth), hallucinogens such as LSD, oxycontin, oxycodone, hydrocode, xanax, and Rohypnol club drugs. We represent all levels of people charged with drug offenses, from the student or small time person, to the professional, medical doctor or person accused of being a large scale distributor or trafficker.

If you have been arrested for drug trafficking in Houston, TX, take fast action with a skilled and resourceful Houston Criminal Lawyer. Contact the Charles Johnson Law Firm immediately anytime night or day for a free phone consultation to discuss your case.

Houston Lawyer Charles Johnson 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.

Accidents do happen and tragically, someone can die. Mitigating factors are thoroughly checked out such as whether the person broke any traffic laws, was driving with a suspended license, or if the person was negligent in some way. These are usually tried as misdemeanors. However, if a person is found to be intoxicated or under the influence of something, it is treated in Texas as a second degree felony and the prosecution goes after the person diligently. In intoxication manslaughter cases, the prosecution only has to prove that the driver was indeed, intoxicated. The term of incarceration could be anything from two years to twenty years.

If you have been charged with DWI after being in an accident that involved a death, you may be facing very serious charges of intoxication manslaughter. It is imperative that you speak with Houston Criminal Lawyer Charles Johnson as soon as possible after you have been charged, or think you may be charged. Attorney Johnson has the experience you can rely on for aggressive and effective defense strategies against the charges. The skilled attorneys at the Charles Johnson Law Firm do not believe there is any such thing as being slam-dunk guilty. No matter what the circumstances of the accident are, your personal story is behind the charges and will make a difference in the outcome of your case. We will make sure that the judge and jury know that this isn’t just about an intoxication manslaughter case. It is about you and your family.

Intoxication manslaughter is a Second Degree felony which holds people liable for any death which occurs because of criminal negligence, or a violation of traffic safety laws. A common use of the vehicular manslaughter laws involves prosecution for a death caused by driving under the influence (determined by excessive blood alcohol content levels set by individual U.S. states), although an independent infraction (such as driving with a suspended driver’s license), or negligence, is usually also required.

Intoxication manslaughter, vehicular manslaughter and other similar offences require a lesser mens rea (Latin for “guilty mind”. In criminal law, it is viewed as one of the necessary elements of a crime) than other manslaughter offenses. Furthermore, the fact that the defendant is entitled to use the alcohol, controlled substance, drug, dangerous drug, or other substance, is no defense. For example, in Texas, to prove intoxication manslaughter, it is not necessary to prove the person was negligent in causing the death of another, nor that they unlawfully used the substance that intoxicated them, but only that they were intoxicated, and operated a motor vehicle, and someone died as a result.

Types of Intoxication Manslaughter

In Texas, intoxication manslaughter does not only apply to automobile drivers. Individuals may be charged with this crime under any of the following circumstances:

If they are operating a car, truck, motorcycle, or any other type of motorized vehicle in a public place
If they are operating a boat, airplane, or amusement park ride
If they assemble an amusement park ride

If the alleged offender has done any of these things while intoxicated, and someone was killed by the vehicle they were operating or had assembled, they can be convicted of intoxication manslaughter. There is no requirement that the prosecutor prove negligence, that their intoxication was the direct cause of the crash, or that they were behaving unlawfully by using the substance that caused their intoxication.

Defenses For Intoxication Manslaughter

Intoxication manslaughter cases should be attacked on two fronts if the case is going to trial. Notwithstanding whether a person is or is not intoxicated, a good lawyer would examine the Texas Peace Officer collision report which was completed as part of the investigation. Just because a driver may be intoxicated does not mean that he should be held criminally liable for the death of another.

There have been cases where the deceased driver was as much at fault if not more at fault than the accused. Examples could include the deceased having run a red light, the deceased having operated his motor vehicle at night without lights, the deceased also being intoxicated, the deceased merging improperly into traffic, and the list goes on. A lawyer familiar with crash reconstruction and who has worked with reconstruction experts should be able to present this defense if it is available. The issue is one of causation and is set forth in Tex. Penal Code Section 6.04. In a nutshell, what 6.04 states is that if an accused’s conduct is insufficient in itself to cause the result, and the conduct of another contributed to the result and the contributing cause was sufficient to cause the result, the accused cannot be held liable.

A good accident reconstruction expert’s report may convince a prosecutor to agree to probation if causation is questionable. That in itself may be worth the investment in hiring both a reconstruction expert and a lawyer who knows how to present such findings.

The second line of defense is whether a person is intoxicated. Scientific evidence can be compelling for a jury. However, the State is allowed to rely upon opinion evidence based upon observations such as lack of coordination, blood shot eyes, smell of intoxicants on breath, slurred speech etc. Some of these symptom could be explained by lack of sleep, allergies, injury, but not all.

Most police departments have on board video cameras and video may very well have been used in this case. Video can be a two-edge sword. Many a video has convinced a defendant to make the best deal possible, while other videos have convinced an accused to take it to trial

In blood draws/test results, there are several considerations. A blood sample can be lost, yet there can be a medical record from a laboratory stating what the test result is. In fact, most hospitals don’t retain the blood samples, but for a very short period. If the blood draw was for medical treatment, sometimes there is a chain of custody problem that makes admission of the medical records unreliable. Most courts, when dealing with a chain of custody issue on medical records as the result of medical treatment rule that any problems goes to the weight of the evidence, not the admissibility, that is, the records gets admitted but the defense lawyer gets to argue that it is not reliable because of the poor chain of custody.

Mandatory blood draws can be attacked, however, you should hire a lawyer familiar with the statutory and administrative requirements for blood draws.

Houston Intoxication Manslaughter Defense Lawyer:  The Charles Johnson Law Firm

When you are charged with intoxication manslaughter or intoxication assault, you have more than just the prosecutor against you. You have the victim’s family and the public screaming for your head. You don’t have to go through this alone. The Charles Johnson Law Firm will fight aggressively to protect your rights and your future.

After a car accident in which there has been a fatality, it is an extremely upsetting situation for everyone involved. Law enforcement will collect evidence at the scene and this evidence is an important part of the documentation of the case. It is crucial that if you have been charged with intoxication manslaughter that you contact The Charles Johnson Law Firm quickly. The evidence in the case can be reviewed and an attorney can advise you what can be done in your case. Houston Criminal Lawyer Charles Johnson can offer a free evaluation of your case, and it is advised that you take advantage of this so it can be determined what can be done and what options may be possible in your case.

Houston Lawyer Charles Johnson 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

The Charles Johnson Law Firm will work to recover the finances necessary to carry on with your life, and take care of your family. The Charles Johnson Houston Personal Injury Law Firm will apply all their expertise to give you the best chance at being justly compensated for the pain and suffering you must endure because of another’s negligence. Your choice of the right attorney to represent your interests and enforce your rights will put you on the path to prompt and fair financial resolution of your claim.

Our Personal Injury clients have suffered serious injuries or devastating losses. They need compensation for their injuries as soon as possible, but they also need that compensation to cover all of their losses. If they aren’t being treated fairly by the insurance company – if their car accident claim has been wrongly denied or they are being shortchanged for their medical malpractice injury – they need a strong and aggressive advocate in court. That’s what we provide at the Charles Johnson Houston Personal Injury Law Firm.

Our greatest satisfaction comes from seeing our clients get their lives back on track, both physically and financially, after:

• A motor vehicle accident
• A workplace accident
• A medical malpractice injury
• An injury from using a defective product
• An injury on a dangerous or poorly maintained property
• The unexpected death of a loved one

Experience That Results in Successful Verdicts and Settlements

Our Houston personal injury lawyers have extensive experience investigating, preparing and presenting successful injury cases in court. Our firm has developed a broad network of investigative and technical experts and medical specialists. We use these experts to gather evidence, determine the cause of accidents and understand the impact of injuries. We then help explain complex information to juries so they can understand why our clients need – and deserve – the compensation they are seeking.

Houston Personal Injury Attorney Charles Johnson knows your legal trouble may be weighing heavy on your mind and is a serious burden in your life, so while other Houston Lawyers can only talk to you on during the week on scheduled business hours, Charles Johnson is available 24/7/365.  We stand behind this policy, day or night, any day, any night, at any time, PERIOD.  When you need the Best Houston Personal Injury Lawyer, Charles Johnson will be there.

No Recovery = No Fee

All initial consultations in the office or over the telephone are free of charge. You CAN afford to hire the Best Houston Personal Injury lawyer with the skill, the resources and the track record of results that you’ll find at the Charles Johnson Law Firm. We handle all personal injury and wrongful death claims on a “contingency” basis. That means you pay NO FEES unless we obtain a settlement or verdict for you and yours.

Choosing the right attorney to handle your personal injury or wrongful death case can be difficult. It may be important to you to be able to speak to your attorney directly. The attorneys at the Charles Johnson Houston Personal Injury Law Firm will personally speak to you about your case. As a small firm, they are capable of giving each client the individual and personalized attention they deserve. All calls and inquiries are given prompt attention. Our Houston area clients already have the frustration of being injured. And our goal is to alleviate those frustrations by respecting your time, and replying promptly to any question or concerns you have about your case.

Houston Personal Injury Lawyer Charles Johnson can help…

Assess your legal situation. An experienced personal injury attorney will help you understand the legal issues involved in your specific personal injury claim. Is the injury serious? Is it a permanent or temporary injury? Who was at fault? Was there an uninsured or underinsured motorist involved? Is there any third party responsibility? Do you have pain and suffering? Should you try to negotiate with the insurer yourself? Do you have to accept his settlement offer? Do you know what your case is worth (the insurance company does and won’t tell you)? A good lawyer will tell you whether it makes sense to sue in small claims court, to sue for a larger amount in state court or to settle out of court.

Obtain additional evidence, information and reports. A good personal injury attorney will know what kinds of evidence to look for (i.e., medical and vocational evidence, police reports, etc.) and will investigate and interview potential witnesses for statements.

Provide legal coaching. If representing yourself works better for you, consider using an attorney as a legal coach to help you (1) understand the personal injury law that applies to your case; (2) find the evidence that best supports your case; (3) understand the relative strengths and weaknesses of your claim; (4) understand the litigation process and customs unique to your local courts; (5) draft or review paperwork; (6) identify opportunities for a settlement to your personal injury claim; or (7) represent you if at some point you feel you can no longer go it alone.

Negotiate. If there is an unresolved dispute, there will be negotiations with a claim adjuster who is a professional negotiator. You’d be wise to hire an attorney to negotiate on your behalf and to protect your interests.

Make a phone call or draft a lawyer’s letter. Your attorney can handle all communications with the other party, including phone calls. This reduces your exposure to the risks and unpleasantness of dealing with the other party on your own. Similarly, good lawyers often extend each other professional courtesies and may be able to obtain with a phone call what would otherwise take a battle. A letter from your lawyer helps to establish your claim and puts the other party on notice that you are taking the matter seriously and are represented by a professional.

Represent you in court. An experienced lawyer can help you file a personal injury lawsuit against the party with whom you have a dispute. If your opponent has a lawyer, then by all means, you need to get one too.

We strive to attain the highest compensation for the victims we represent, who are injured by the negligence of others. We cannot undo an injury nor can we bring back a loved one. What we can do is help you seek the highest compensation for you.

Charles Johnson practices in all State of Texas and all United States Federal Criminal Courts. Mr. Johnson also travels to Austin, San Antonio, Dallas, El Paso, Corpus Christi, and The Valley in Texas. These are the major population centers in Texas and Charles Johnson maintains offices in Austin, Dallas and San Antonio.  Please know however that Charles Johnson represents clients in every county, city, town and village in the Great State of Texas.  From The Panhandle to The Valley or The Juarez Border Crossing to The Golden Triangle, Charles Johnson’s clients receive excellence, intense professionalism and personal care in the their legal matters.

Call Charles Johnson - 713-222-7577, 24/7, and toll free, 24/7 - (877) 308-0100.  Call us.  You will speak with a live, human, caring person who knows what you’re going through, will connect you to Charles Johnson right away, and will be assisting Mr. Johnson in protecting your freedom. When only the Best Houston Personal Injury Lawyer will do, call us.

Charles Johnson received his undergraduate education at The University of Texas at Austin, and his Doctor of Jurisprudence degree from The University of Houston Law Center. After earning a Bachelor’s degree, along with All-Southwest Conference and All-American honors in Football and Track and Field at The University of Texas, Mr. Johnson played in the National Football League with the Denver Broncos and New York Football Giants.  When Mr. Johnson chose to retire from football, he left his then-current contract with the Houston Oilers, who are now the Tennessee Titans. After retiring from football, Mr. Johnson continued to live in Houston and is now The Houston Personal Injury Lawyer.

Looking at the life and achievements of Charles Johnson will show you he is unique, special and always strives to be the very best.  He is a competitor and a winner. You can rest assured, Charles Johnson will bring a warrior’s spirit and commitment to winning to your case. He WILL obtain the best possible compensation available.

Charles Johnson’s philosophy: intense preparation, the best investigation, aggressive posture in presenting YOUR case.

If you or a loved one were seriously injured or your family recently lost a loved one to the wrongful actions of someone else, contact Houston Injury Lawyer Charles Johnson directly 24 hour/day, 365 days/year at 713-222-7577 or call our Houston law office toll free at 877-308-0100 for a free, no-risk consultation.

The Charles Johnson Law Firm – The Houston Personal Injury Lawyer – Solving Problems, Every Day.

Houston Lawyer Charles Johnson aggressively defends clients charged with a sexual offense. He handles all sexual offense charges, whether in state or federal court, and whether the sex crime allegations are against children or adults.

Parties in contentious divorce or custody proceedings have been known to encourage children to say the other parent “touched” them a certain way or otherwise imply molestation. Child care workers, pastors, teachers, coaches, and others are frequently falsely accused. Parents have even been known to target individuals for extortion by coaching children. They may be coached by well-meaning social service and health care professionals, law enforcement officers, and prosecuting attorneys who want to make sure they obtain a conviction regardless of the truth.

Allegations of sex crimes are taken very seriously in Texas, and across the nation. With more stringent penalties being imposed, a false claim unchallenged or a single error in judgment can require you to be a lifelong member of the sex offenders’ registry and database. Before your reputation is devastated, invoke your right to an attorney and your right to remain silent. Contact Houston Criminal Lawyer Charles Johnson for a free phone consultation when you are under investigation for sex crimes or if charges have been brought against you for anything from possession and distribution of child pornography to sexual assault and rape.

How is Child Pornography Defined?

Federal and state laws make it a crime to produce, possess, distribute, or sell pornographic materials that exploit or portray a minor. Increasingly, child pornography laws are being utilized to punish use of computer technology and the Internet to obtain, share, and distribute pornographic material involving children, including images and films.

Under federal law (18 U.S.C. §2256), child pornography is defined as any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where

• the production of the visual depiction involves the use of a minor engaging in sexually explicit conduct; or
• the visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or
• the visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.Federal law (18 U.S.C. §1466A) also criminalizes knowingly producing, distributing, receiving, or possessing with intent to distribute, a visual depiction of any kind, including a drawing, cartoon, sculpture or painting, that
• depicts a minor engaging in sexually explicit conduct and is obscene, or
• depicts an image that is, or appears to be, of a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex and such depiction lacks serious literary, artistic, political, or scientific value.

Sexually explicit conduct is defined under federal law (18 U.S.C. §2256) as actual or simulated sexual intercourse (including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex), bestiality, masturbation, sadistic or masochistic abuse, or lascivious exhibition of the genitals or pubic area of any person.

Who Is a Minor?

For purposes of enforcing the federal law (18 U.S.C. §2256), “minor” is defined as a person under the age of 18.

Is Child Pornography a Crime?

Yes, it is a federal crime to knowingly possess, manufacture, distribute, or access with intent to view child pornography (18 U.S.C. §2252). In addition, all 50 states and the District of Columbia have laws criminalizing the possession, manufacture, and distribution of child pornography. As a result, a person who violates these laws may face federal and/or state charges.

Where Is Child Pornography Predominantly Found?

Child pornography exists in multiple formats including print media, videotape, film, CD-ROM, or DVD. It is transmitted on various platforms within the Internet including newsgroups, Internet Relay Chat (chatrooms), Instant Message, File Transfer Protocol, e-mail, websites, and peer-to-peer technology.

What Motivates People Who Possess Child Pornography?

Limited research about the motivations of people who possess child pornography suggests that child pornography possessors are a diverse group, including people who are

• sexually interested in prepubescent children or young adolescents, who use child pornography for sexual fantasy and gratification
• sexually “indiscriminate,” meaning they are constantly looking for new and different sexual stimuli
• sexually curious, downloading a few images to satisfy that curiosity
• interested in profiting financially by selling images or setting up web sites requiring payment for access

Who Possesses Child Pornography?

It is difficult to describe a “typical” child pornography possessor because there is not just one type of person who commits this crime.

In a study of 1,713 people arrested for the possession of child pornography in a 1-year period, the possessors ran the gamut in terms of income, education level, marital status, and age. Virtually all of those who were arrested were men, 91% were white, and most were unmarried at the time of their crime, either because they had never married (41%) or because they were separated, divorced, or widowed (21%).3

Forty percent (40%) of those arrested were “dual offenders,” who sexually victimized children and possessed child pornography, with both crimes discovered in the same investigation. An additional 15% were dual offenders who attempted to sexually victimize children by soliciting undercover investigators who posed online as minors.4

Who Produces Child Pornography?

Based on information provided by law enforcement to the National Center for Missing & Exploited Children’s Child Victim Identification Program, more than half of the child victims were abused by someone who had legitimate access to them such as parents, other relatives, neighborhood/family friends, babysitters, and coaches.

What is the Nature of These Images?

The content in these illegal images varies from exposure of genitalia to graphic sexual abuse, such as penetration by objects, anal penetration, and bestiality.

Of the child pornography victims identified by law enforcement, 42% appear to be pubescent, 52% appear to be prepubescent, and 6% appear to be infants or toddlers.

Possible Punishment for Sexual Exploitation of a Minor/Child Pornography

If the photographs include children who are fourteen (14) years of age or younger, it is a Dangerous Crimes Against Children (DCAC) and carries a very severe penalty. A first offense carries the following punishment for each and every conviction: ten (10) years minimum in prison; seventeen (17) years presumptive in prison; twenty-four (24) years maximum incarceration.

If convicted of one previous predicate felony (which includes a prior DCAC, among other serious felonies), the range of punishment increases to a minimum twenty-one (21) years, presumptive twenty-eight years (28), and maximum thirty-five (35) years. Because this is a DCAC, 100% of the prison time must be served before being eligible for release. In addition, if the person is convicted of two (2) counts, they must be run consecutive to each other (i.e., the minimum is now twenty (20) years in prison, and all other ranges double). This is why these charges are sometimes referred to as “life enders”.

The maximum penalty on a Sexual Exploitation charge actually carries more time than the maximum penalty on a Second Degree Murder charge. A conviction will require you to register as a Sex Offender for the rest of your life, and you are not allowed to have any contact with anyone under the age of eighteen (18) (this includes your own children), without going through numerous testing procedures and only with the consent of your Probation Officer.

If the child was ages fifteen – seventeen (15-17), it is not sentenced pursuant to the DCAC statute. A first offense class two (2) felony, carries punishment of probation with zero (0) days in jail up to one (1) year in jail, or prison of three (3) years to twelve and one half (12.5) years of incarceration. If the person has one (1) allegeable historical prior conviction, then the “prison only” range is four and one half (4.5) years to twenty-three and one quarter (23.25) years in prison. If the person has two (2) allegeable historical prior convictions, then the “prison only” range is ten and one half (10.5) to thirty-five (35) years of incarceration.

Possible Defenses for Sexual Exploitation of a Minor/Child Pornography

The critical defenses to Child Porn charges involve showing that the person did not “knowingly” possess, receive, or do any of the listed actions with the images. One way of asserting this defense is by presenting evidence that the defendant was not the person who accessed the images. If it can be shown that there were multiple users who had access to the computer, and who did in fact use the computer often, then it is much more difficult for the State to prove the defendant actually accessed the images, rather than some other person. This defense is especially appropriate when the defendant lacks any other sexual crime convictions. In order to assert this defense, we need to present a variety of our own evidence to contradict whatever has been presented by the prosecution. Typically, the State would normally have executed a search warrant and confiscated the computer involved, then searched for the “IP address” and passwords that were used to trace the activates to a particular time, date, and user. Before they do any of this they will have “cloned” the hard drive in order to avoid any accusations that they have somehow tampered with the computer by adding images.

Another typical defense is that the defendant inadvertently came across the images on his computer, and thus it was not a “knowing” exchange. It is an affirmative defense to Child Pornography charges if a person timely reports that they have received unsolicited images on their computer. Usually, reporting within three (3) days of discovering the child pornography is considered to be “timely reporting.”

At the Charles Johnson Law Firm, we handle a very high percentage of “Sex Crimes” cases. We have one of the largest libraries with research materials devoted to challenging accusations involving sex crimes. Registering as Sex Offender has drastic consequences and leaves a black mark on your record; do not underestimate the potential severity of this charge.

Additionally, because our law firm fights conviction from all angles, we would assert a wide range of defenses and challenges to constitutional violations that apply in all criminal cases. The possibilities are numerous and diverse. One of those we frequently assert is a “Miranda rights violation.” In Texas, the standard of whether any incriminating statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a “voluntariness” standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements.

In addition, the “denial of right to Counsel” is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their attorney, but is denied and questioning continues. Other defenses may include challenging the validity of any search warrant, or whether there were any “forensic flaws” during the investigation of your case. Depending on what else you have been charged with, this could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; computer analysis/cloning hard drive procedures; forensic financial accounting reviews; etc. Lastly, one of the most common defense tactics is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction. It is important to hire a skilled lawyer to defend you who has knowledge of all the possible defenses to assert in your case.

Do Not Make Statements. Obviously, the best defense begins before a defendant is ever charged. Often, in a misguided attempt to help law enforcement, defendants make statements that are twisted and turned into prosecutorial evidence. It is important to remember not to allow yourself be interviewed government agencies without an attorney present.

Any interview will be sent to the police and the county attorney’s office and can be used against you. An obvious corollary is do not let yourself be interviewed again by the police without your attorney present.

Computerized Evidence. Internet child pornography is a growing offense across the nation. Often files can be downloaded to a computer without the user knowing the content of the download. In such cases the electronic file will often include tell tale electronic evidence about the file, where it came from and its date of download. Using this evidence or challenging law enforcement’s sloppy investigation and acquisition of potentially exculpatory information is the best way for a defense lawyer to prove actual innocence.

Examine Prosecution Expert’s Background. An important part of every case is the ability to counter the reports and testimony of computer professionals, caseworkers and “experts” who examine pornographic evidence. To effectively counter a prosecution expert, the defense attorney must be well educated on the expert’s education, work history, published works and testimony in prior cases.

Use a Polygraph. When it is advantageous to the defense against a sexual assault, defense attorneys should obtain a credible polygraph examination from a respected professionals.

Texas Sex Offender Registration

In addition to the prison terms and fines one can face when convicted of any of these offenses, you may be required to register as a sex offender. This means you will be tracked for the rest of your life.

Knowing where to turn when facing charges as dark as these can be difficult. You have likely already seen people turn their backs on you because of the charges and you haven’t even gone to trial. You need someone in your corner fighting for your good name.

You are innocent until proven guilty. With my help we will see to it that you get the best possible results on your day in court.

Houston Child Pornography Defense Lawyer: The Charles Johnson Law Firm

Attorney Charles Johnson defends against sexual assault allegations throughout Texas, no matter how small or large the city. He has developed a unique understanding of the dynamics of these very serious cases. His competent, aggressive and thorough representation has made him a leading criminal defense attorney in dealing with sex and pornography related criminal charges.

Defending in these areas is a very specialized area of criminal defense. Unfortunately, the very accusations themselves are often treated as conclusive proof of criminal activity. If Houston Lawyer Charles Johnson is retained at an early stage in the investigation, he is sometimes able to avoid charges altogether. At a minimum he is often able to avoid the trauma and embarrassment of his client being arrested at home or at the workplace by contacting law enforcement and the court in order to make the necessary arrangements.

Depending on the facts of your case and the evidence against you, Houston Child Pornography Lawyer Charles Johnson will work to help you beat a false accusation or try to lessen the punishment. We understand your freedom is at stake and that a conviction of possession of child pornography may result in lifetime registration as a sex offender. To protect your rights and liberty, we conduct thorough investigations to prepare for trial or to minimize the consequences or sentence.

Houston Criminal Lawyer Charles Johnson 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.

Domestic Violence is an issue that affects every town, city, country and nation. Domestic Violence covers a broad spectrum of abuse between couples, spouses, family members or other people who live together. Family Violence allegations are quite severe. In the event you are found guilty, you could face prison time and various other criminal penalties. A conviction will not only destroy your reputation, but your future as well. You could be refused future employment, housing, academic loans and worse, access to your home and children. At the Charles Johnson Law Firm, we see our clients falsely charged with Domestic Violence all the time. Whether you are innocent or guilty, Houston Domestic Violence Lawyer Charles Johnson will battle aggressively on your behalf in order to help protect your rights and your future. Get in touch with us Around The Clock, 7 Days /week for a no cost consultation.

All too frequently the news bombards us with news about a high-profile Domestic Violence case, where a man or woman is suspected of murdering their husband or wife, with or without a prior history of domestic abuse.

Violence. How can a individual turn from loving and living with a person to beating them up or murdering them? What kind of an individual resorts to Domestic Violence against their spouse or domestic intimate partner? What kind of individual thinks it is okay to continually humiliate or talk down to their life intimate partner? What kind of an individual has sex with their partner without the need of the person’s consent and desire to participate?
A common pattern of domestic abuse is that the perpetrator alternates between violent, abusive behavior and apologetic behavior with apparently heartfelt promises to change. The abuser could possibly be very pleasant the majority of of the time. Therein lies the perpetual appeal of the abusing partner and why many individuals can’t seem to leave the abusive relationship.

Domestic abuse is most often among the following:

• child abuse
• abuse of a spouse or domestic intimate partner
• elder abuse

In this article, we explore domestic abuse between spouses and intimate partners: the types of domestic abuse, signs and symptoms, causes, and consequences. Domestic Violence and abuse are popular. The initial step in ending the misery is recognition that the situation is abusive.

How is domestic abuse between intimate partners defined?

Domestic abuse between spouses or intimate partners is when one individual in a marital or intimate relationship tries to control the other person. The perpetrator uses fear and intimidation and may very well threaten to use or could possibly actually use physical violence. Domestic abuse that includes physical violence is called Domestic Violence.

The victim of domestic abuse or Domestic Violence may be a male or a female. Domestic abuse occurs in traditional heterosexual marriages, as well as in same-sex partnerships. The abuse may occur during a relationship, while the couple is breaking up, or after the relationship has ended.

Domestic abuse often escalates from threats and verbal abuse to physical violence. Family Violence may even end up in murder.

The key elements of domestic abuse are:

• intimidation
• humiliating the other individual
• physical injury

Domestic abuse is not really a result of losing control; domestic abuse is intentionally trying to control another individual. The abuser is purposefully using verbal, nonverbal, or physical means to gain control over the other individual.
In many cultures, control of women by men is accepted as the norm. This article speaks from the orientation that control of intimate partners is domestic abuse within a culture where such control isn’t the norm. Today we see many cultures moving from the subordination of women to increased equality of women within relationships.

What are the kinds of domestic abuse?

The types of domestic abuse are:

• physical abuse (domestic violence)
• verbal or nonverbal abuse (psychological abuse, mental abuse, emotional abuse)
• sexual abuse
• stalking or cyberstalking
• economic abuse or financial abuse
• spiritual abuse

The divisions between these types of domestic abuse are somewhat fluid, yet there is a strong differentiation between the various forms of physical abuse and the various types of verbal or nonverbal abuse.

What is physical abuse of a spouse or intimate partner?

Physical abuse is the use of physical force against another person in a way that ends up injuring the individual, or puts the person at risk of being injured. Physical abuse ranges from physical restraint to murder. When a person talks of Domestic Violence, they are quite often referring to physical abuse of a spouse or intimate partner.

Physical assault or physical battering is a crime, whether it occurs inside a family or outside of the family. The authorities are empowered to protect you from physical attack.

Physical abuse involves:

• pushing, throwing, kicking
• slapping, grabbing, hitting, punching, beating, tripping, battering, bruising, choking, shaking
• pinching, biting
• holding, restraining, confinement
• breaking bones
• assault with a firearm including a knife or gun
• burning
• murder

What is emotional abuse or verbal abuse of a spouse or intimate partner?

Mental, psychological, or emotional abuse may be verbal or nonverbal. Verbal or nonverbal abuse of a spouse or intimate partner consists of more subtle actions or behaviors than physical abuse. While physical abuse might seem worse, the scars of verbal and emotional abuse are deep. Studies show that verbal or nonverbal abuse might be much more emotionally detrimental than physical abuse.
Verbal or nonverbal abuse of a spouse or intimate partner may include:

• threatening or intimidating to obtain compliance
• destruction of the victim’s personal property and assets and possessions, or threats to accomplish this
• violence to an object (such as a wall or piece of furniture) or pet, in the presence of the intended victim, as a way of instilling fear of additional violence
• yelling or screaming
• name-calling
• constant harassment
• embarrassing, making fun of, or mocking the victim, either on your own within the household, in public, or in front of family or friends
• criticizing or diminishing the victim’s accomplishments or goals
• not trusting the victim’s decision-making
• telling the victim that they are worthless on their own, without the abuser
• excessive possessiveness, isolation from friends and family
• excessive checking-up on the victim to make certain they are at home or where they said they would be
• saying hurtful things while under the influence of drugs or alcohol, and using the substance as an excuse to say the hurtful things
• blaming the victim for how the abuser acts or feels
• making the victim remain on the premises subsequent to a fight, or leaving them somewhere else subsequent to a fight, just to “teach them a lesson”
• making the victim feel that there isn’t any way out of the relationship

What is sexual abuse or sexual exploitation of a spouse or intimate partner?

Sexual abuse involves:

• sexual assault: forcing someone to participate in unwanted, unsafe, or degrading sexual activity
• sexual harassment: ridiculing another individual to try to limit their sexuality or reproductive choices
• sexual exploitation (most notably forcing someone to look at pornography, or forcing someone to participate in pornographic film-making)

Sexual abuse quite often is linked to physical abuse; they may occur together, or the sexual abuse could very well occur following a bout of physical abuse.

What is stalking?

Stalking is harassment of or threatening another person, especially in a way that haunts the person physically or emotionally in a repetitive and devious manner. Stalking of an intimate partner can take place during the relationship, with intense monitoring of the partner’s activities. Or stalking can take place after a partner or spouse has left the relationship. The stalker may possibly be trying to get their partner back, or some may wish to harm their partner as punishment for their departure. Irrespective of the fine details, the victim fears for their safety.

Stalking can take place at or near the victim’s home, near or in their workplace, on the way to the store or another destination, or on the Internet (cyberstalking). Stalking can be on the phone, in person, or on the web. Stalkers may possibly never show their face, or they can be everywhere, in person.

Stalkers employ a number of threatening techniques:

• repeated phone calls, sometimes with hang-ups
• following, tracking (possibly even with a global positioning device)
• finding the person through public records, online searching, or paid investigators
• watching with hidden cameras
• suddenly showing up where the victim is, at home, school, or work
• sending emails; communicating in chat rooms or with instant messaging (cyberstalking: see below)
• sending unwanted packages, cards, gifts, or letters
• monitoring the victim’s phone calls or computer-use
• contacting the victim’s pals, family, co-workers, or neighbors to find out about the victim
• going through the victim’s garbage
• threatening to injure the victim or their family, buddies, or pets
• damaging the victim’s home, car, or various other property

Stalking is unpredictable and should always be regarded as dangerous. If someone is

• tracking you,
• contacting you when you do not wish to have speak to,
• attempting to control you, or
• frightening you,

then seek assistance as soon as possible.

What is cyberstalking?

Cyberstalking is the use of telecommunication technologies most notably the Internet or email to stalk another individual. Cyberstalking may be an additional form of stalking, or it may very well be the only method the abuser employs. Cyberstalking is deliberate, persistent, and personal.

Spamming with unsolicited email is different from cyberstalking. Spam doesn’t necessarily focus on the individual, along with cyberstalking. The cyberstalker methodically finds and contacts the victim. Much like spam of a sexual nature, a cyberstalker’s message may be disturbing and inappropriate. Also like spam, you can never stop the contact with a request. In fact, the more you protest or respond, the more rewarded the cyberstalker feels. The very best response to cyberstalking is not to respond to the contact.

Cyberstalking falls in a grey area of the law. Enforcement of most federal and state stalking laws requires that the victim be directly threatened with an act of violence. Very few law enforcement agencies can act if the threat is only implied.
Regardless of whether or not you can get stalking laws enforced against cyberstalking, you must treat cyberstalking seriously and protect yourself. Cyberstalking sometimes advances to actual stalking and to physical violence.

How likely is it that stalking will turn into violence?

Stalking can end in violence whether or not the stalker threatens violence. And stalking can turn into violence even if the stalker does not have any history of violence.
Women stalkers are just as likely to become violent as are male stalkers.
Those around the stalking victim are also in danger of being injured. For example, a parent, spouse, or bodyguard who makes the stalking victim unattainable could possibly be hurt or killed as the stalker pursues the stalking victim.

What is economic or financial abuse of a spouse or domestic partner?

Economic or financial abuse involves:

• withholding economic resources most notably cash or credit cards
• stealing from or defrauding a partner of cash or assets
• exploiting the intimate partner’s resources for personal gain
• withholding physical resources most notably food, clothes, necessary medications, or shelter from a partner
• preventing the spouse or intimate partner from working or choosing an occupation

What is spiritual abuse of a spouse or intimate partner?

Spiritual abuse involves:

• using the spouse’s or intimate partner’s religious or spiritual beliefs to manipulate them
• preventing the partner from practicing their religious or spiritual beliefs
• ridiculing the other person’s religious or spiritual beliefs
• forcing the children to be reared in a faith that the partner has not agreed to

How do I realize if I am in an abusive relationship? What are the signs and symptoms of an abusive relationship?

The more of the following questions that you answer Yes to, the more likely you are in an abusive relationship. Examine your answers and seek assistance should you find that you respond positively to a large number of the questions.
Your inner feelings and dialogue: Fear, self-loathing, numbness, desperation

• Are you fearful of your partner a large percentage of the time?
• Do you avoid certain topics or spend a lot of time figuring out how to talk about certain topics so that you do not arouse your partner’s negative reaction or anger?
• Do you ever feel that you can’t do anything right for your partner?
• Do you ever feel so badly about yourself that you think you deserve to be physically hurt?
• Have you lost the love and respect that you once had for your partner?
• Do you in some instances wonder if you are the one who is crazy, that maybe you are overreacting to your partner’s behaviors?
• Do you in some instances fantasize about ways to kill your partner to get them out of your life?
• Are you afraid that your partner will likely try to kill you?
• Are you afraid that your partner will try to take your children away from you?
• Do you feel that there is nowhere to turn for assistance?
• Are you feeling emotionally numb?
• Were you abused as a child, or did you grow up with Domestic Violence in the household? Does domestic violence seem normal to you?

Your partner’s lack of control over their own behavior

• Does your partner have low self-esteem? Do they appear to feel powerless, ineffective, or inadequate within the world, although they are outwardly successful?
• Does your partner externalize the causes of their own behavior? Do they blame their violence on stress, alcohol, or a “bad day”?
• Is your partner unpredictable?
• Is your partner a pleasant individual between bouts of violence?

Your partner’s violent or threatening behavior

• Does your partner have a bad temper?
• Has your partner ever threatened to injure you or kill you?
• Has your partner ever physically injure you?
• Has your partner threatened to take your children away from you, especially if you try to leave the relationship?
• Has your partner ever threatened to commit suicide, especially as a way of keeping you from leaving?
• Has your partner ever forced you to have sex when you didn’t want to?
• Has your partner threatened you at work, either in individual or on the phone?
• Is your partner cruel to animals?
• Does your partner destroy your belongings or household objects?

Your partner’s controlling behavior

• Does your partner try to keep you from seeing your buddies or family?
• Are you embarrassed to invite close friends or family over to your house mainly because of your partner’s behavior?
• Has your partner limited your access to money, the telephone, or the car?
• Does your partner try to stop you from going where you need to go outside of the house, or from doing what you want to do?
• Is your partner jealous and possessive, asking where you are going and where you have been, as if checking up on you? Do they accuse you of having an affair?

Your partner’s diminishment of you

• Does your partner verbally abuse you?
• Does your partner humiliate or criticize you in front of others?
• Does your partner quite often ignore you or put down your opinions or contributions?
• Does your partner always insist that they are right, even if they are obviously wrong?
• Does your partner blame you for their own violent behavior, saying that your behavior or attitudes cause them to be violent?
• Is your partner often outwardly angry with you?
• Does your partner objectify and disrespect those of your gender? Does your partner see you as property or a sex object, rather than as a person?

In my workplace, what are the warning signs that an individual is a victim of Family Violence?

Domestic Violence often plays out in the workplace. For example, a husband, wife, girlfriend, or boyfriend might make threatening phone calls to their intimate partner or ex-partner. Or the worker could very well show injuries from physical abuse at home.

In the event you witness a cluster of the following warning signs within the workplace, you can reasonably suspect domestic abuse:

• Bruises together with other signs of impact on the skin, with the excuse of “accidents”
• Depression, crying
• Frequent and sudden absences
• Frequent lateness
• Frequent, harassing phone calls to the person while they are at work
• Fear of the partner, references to the partner’s anger
• Decreased productivity and attentiveness
• Isolation from pals and family
• Insufficient resources to live (cash, credit cards, car)

If you do recognize signs of domestic abuse in a co-worker, talk to your Human Resources department. The Human Resources staff will be able to assist the victim without having your additional involvement.

Who abuses their spouse or intimate partner?

Domestic abuse knows no age or ethnic boundaries.
Domestic abuse can occur during a relationship or after a relationship has ended.
The majority of psychological, medical, and legal specialists agree that the vast majority of physical abusers are men. Nonetheless , women can also be the perpetrators of Domestic Violence.
Virtually all stalkers are also men stalking women. Nevertheless stalkers can also be women stalking men, men stalking men, or women stalking women.

Houston Domestic Violence Defense Lawyer: The Charles Johnson Law Firm

As the justice system has come to recognize the social and legal effects of domestic violence, the penalties for conviction of domestic assault have become steeper. This is why it is so important to consult an expert lawyer who is familiar with your local court system. Seek the counsel of a highly qualified Houston Domestic Violence Lawyer from the Charles Johnson Law Firm in Houston, Texas to learn more about what you can do to assert and protect your rights.

Houston Criminal Lawyer Charles Johnson 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.

HAVE YOU BEEN CHARGED WITH A DWI IN HOUSTON?

Houston DWI Lawyer Charles Johnson protects his clients from the consequences of DWI charges.  CONTACT US ONLINE right now, or call us anytime at 1-877-308-0100. Charles Johnson is available 24/7 and will provide you with a free case consultation.

What is an ALR Hearing?

Many Texas drivers who are arrested for driving while intoxicated (DWI) do not realize that a DWI charge creates not one but two separate cases, one civil and another criminal.

Specifically, a DWI charge results in both a criminal charge, and typically 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 will not 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 all 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 inform the arrested motorist that if he does not agree to undergo 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 that 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 obtain 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 criminal arrest.

If a hearing isn’t 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 produced 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 likely 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 10 years, your license is going to 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.

Houston DWI Lawyer: The Charles Johnson Law Firm

If you have been arrested for DWI, it is important to contact a DWI defense attorney immediately. Having an experienced attorney on your side will greatly increase your chances of saving your driving privileges at the ALR hearing. The Charles Johnson Law Firm has represented hundreds of individuals, and have been successful in saving their driving privileges. When you retain our services, we personally conduct an investigation into your case, help you to schedule your hearing with the DPS, find witnesses and evidence to use in your favor, and represent you at the hearing. Moreover, Criminal Defense Attorney Johnson provides all of his clients with the personalized attention and compassionate legal care they deserve.

Many men and women wonder why an individual arrested for a criminal offense probably would not testify in their own court trial. The most appropriate answer is that testifying can open the flood gates to virtually all kinds of detrimental evidence. Such evidence would otherwise be inadmissible. This dangerous step is designated “opening the door”. Whether or not a defendant’s past conviction is admissible in a brand new criminal case is determined by a variety of factors. These are the criminal offenses of which the defendant is currently accused, whether or not the defendant within the existing case testified in a prior case, as well as the purpose for which the conviction is asked to be admitted.

Best Houston Criminal Defense Attorney: The Charles Johnson Law Firm

In many situations, anytime a defendant loses at trial or takes a plea offer, a judge could very well use a defendant’s previous conviction to enhance the individual’s sentence. Theoretically, this doesn’t count as admitting the past conviction into evidence. The judge has not put the conviction on the record to determine whether or not the defendant committed the criminal offense within the existing case. The judge has the discretion to use a previous conviction to enhance the sentence for the defendant within the existing case. If the defendant goes to trial, the sentencing can occur separately from the trial. If the jury leaves before the sentence is imposed, they might never find out that the defendant had a past conviction.

In many situations, most notably DWI cases, a judge will likely be required by law to enhance a sentence if the defendant has a past conviction for the same type of criminal offense on their record. Generally, prosecutors are incredibly zealous. The State often seeks to introduce particularly old previous out-of-state convictions to encourage, or require, the judge to enhance a sentence. Many prosecutors also seek to introduce past convictions of significant out-of-state felonies to ask a judge to enhance a sentence.

Except in a few instances, a criminal defendant can often prevent admission of a previous conviction by refusing to testify at trial. Typically, when a prosecutor or a defense lawyer would like to introduce a defendant’s previous conviction, they need to notify the court, meaning the judge, of their intention. A prosecutor generally succeeds in getting a previous conviction admitted into evidence if the defendant makes the decision to testify or if the defendant decides to make their character an issue in their case. Generally, a prosecutor can’t introduce a criminal conviction to establish that the defendant has a bad character if the defendant hasn’t made their character an issue. Additionally, the prosecutor generally can’t introduce a criminal conviction to demonstrate that a defendant has or had a propensity to commit criminal offenses.

If the criminal defendant decides to testify, their previous conviction could very well become admissible for purposes of impeaching their credibility. This kind of impeachment asks the judge or jury to question the truthfulness of the defendant’s testimony. The general rule is in cases where a prosecutor or defense lawyer wants to use a previous conviction to impeach a defendant’s testimony, the past conviction has to be for a felony or a criminal offense involving dishonesty. This indicates that a defendant may perhaps not be impeached with a past conviction for a minor criminal offense, most notably possession of drug paraphernalia, which has nothing to do with dishonesty.

Whether or not the defendant makes a decision to testify, a judge won’t necessarily rule that a past conviction is admissible. A good number of courts use a balancing test to figure out if the past conviction will be admitted. The judge weighs the probative value of permitting the criminal offense to be introduced contrary to the prejudicial impact on the defendant. If the previous conviction is for a similar criminal offense, the judge could possibly determine that the risk is too great. Within these situations, the judge uses the reasoning that the jury will decide, “If this individual did it previously, this individual probably did it on this occasion.”

Usually, a prosecutor or defense lawyer can ask that a past conviction or set of convictions be admitted as evidence of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.

Given that the admissibility of previous convictions is an issue of evidence, it becomes an issue of law. Constitutional amendments and proposed bills may affect the evidence rules. If you are defending criminal charges, it is imperative that you speak to a qualified criminal defense attorney. Houston Lawyer Charles Johnson is going to be able to evaluate your record and he will understand how the rules pertaining to past convictions might affect you. Lawyer Johnson is going to be able to advise you on the benefits and drawbacks of testifying. Only you can make the final decision.

Houston Criminal Defense Attorney: The Charles Johnson Law Firm

Should you have past convictions and have been arrested or are under investigation for a criminal offense in Texas, get in touch with Houston Criminal Attorney Charles Johnson ASAP – and protect your legal rights and reputation.

Houston Criminal Attorney Charles Johnson can be reached 24 hours a day, 7 days a week.
Contact us at 713-222-7577 or toll free of charge at 877-308-0100.
Major Credit Cards Accepted.