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Houston Lawyer Blog
Tag Archive for conviction
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.
Charles Johnson |
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| Tags: child, computer, Contact Houston Criminal Lawyer Charles Johnson, conviction, Crimes, enforcement, federal law, half, houston-lawyers-dealing-with-petafiles, investigation, law enforcement, Minor, person, range, sex offenders, Sexual, sexual assault, sexually explicit, visual depiction 
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.
Charles Johnson |
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| Tags: Charles Johnson, conviction, criminal conviction, criminal defense attorney, criminal offense, do-you-have-to-serve-the-mandatory-sentence-for-first-offense-for-simple-assault-and-battery-in-va-the-year-2012, Drug, drug-pics, drugphotos, ecstasy-yellow-coke-bottle, ghb-pills, Houston Lawyer Charles Johnson, houston-attorney-blogs, houston-lawyer-logo, houstonlawyer-com, job-opening-for-criminal-defense-attorney-in-minnesota, lawyer-blog, legal-medication-order, pic-of-drug, prescription-drugs-and-doctor
In the event you have been found guilty of a criminal offense, you might wonder if you will be able to find job opportunities. Employers have become increasingly interested in finding out whether or not applicants have criminal records. Part of the concern stems from recent jury decisions which have been rendered against employers for negligently employing individuals with criminal backgrounds who consequently caused problems for other people whilst at work. An additional concern for employers concerns whether or not they’ll need to divulge the criminal conviction. For instance, in cases where a business is attempting to raise capital, it might need to create particular disclosures to a bank. Will the business need to reveal that an employee has a criminal conviction for money laundering or embezzlement?
The laws about which criminal history records an employer should or might access, what an employer might ask a would-be employee and what the job applicant should reveal vary widely among states. In the event you have a criminal history and are searching for a job, it’s in your greatest interest to contact the Best Houston Lawyer at the Charles Johnson Law Firm to ensure that you go into the employment search completely informed of your legal rights.
Contradictory Public Policies
On the one hand, the public would like to reintegrate into society individuals with criminal histories, rehabilitated and productively employed. A routine schedule and normal income reduce the likelihood that an individual will reoffend, however an individual with a criminal history might encounter prejudice within the job application process. However, it’s essential to safeguard the public from contact with past offenders who might have propensities to re-commit. For instance, convicted sex offenders must not work with kids or vulnerable adults.
Just How Much to Reveal
Based on the state guidelines, an applicant might not need to reveal potentially detrimental info, like arrests not leading to convictions or convictions for minor matters. A few states have procedures to judicially “erase” a criminal history. Houston Criminal Attorney Charles Johnson can certainly help figure out whether or not you might be eligible to have a conviction sealed, expunged or legally minimized.
Suggestions for Employment Re-entry
Be truthful. Employers are interested in workers they are able to trust, and nearly all of the information on a job application may be checked and verified. Even if it might close the door to particular positions, revealing the truth will be the greatest method to receive a job that the applicant can retain over the long haul. Keep in mind, in many states not all convictions need to be revealed nor can would-be employers ask for particular info.
Begin the job search with loved ones, pals and acquaintances that might be more likely to take a chance on employing somebody they are familiar with, in spite of a criminal background.
Don’t anticipate the very first job following a conviction to be your perfect job. It’s much more essential to get started somewhere and produce a track record, because employers realize that a great indicator of future job performance is prior job performance. Think about temporary or entry-level positions to develop your résumé.
Recognize where the employer is coming from. It must balance its legal and ethical obligations to you, to it’s workers and towards the public.
Investigate career services. A good number of states have public agencies that administer programs to assist individuals with discovering their perfect career, and some were created specifically for those with criminal histories.
Stay away from alcohol & drug use. Many employers call for employee drug testing.
Think about the nature of your earlier criminal offense. Apply for jobs where that type of criminal offense is much less likely to be an matter of concern.
Hire the Finest Houston Lawyer. Don’t take any chances.
Completing a jail term or paying a fine may be just part of the cost of a criminal conviction. The conviction may also impact post-conviction occupation opportunities. However, there are employers that would like to give those with criminal records a chance in a suitable environment. Just one job – any type of job – may be the very first step toward rebuilding a career and a new life. Houston Lawyer Charles Johnson can advise you about numerous choices and provide suggestions on preparing for the future.
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.
Charles Johnson |
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| Tags: business, capital, chance, Charles Johnson, concern, conviction, Criminal, criminal conviction, Criminal History, criminal offense, criminal records, employer, Employment, Houston Criminal Lawyer Charles Johnson, info, type
Drug possession is a typical criminal charge that’s faced by a number of Houstonians. Innocent bystanders are occasionally charged with this crime, folks who had been merely “in the wrong place at the wrong time” and are today in severe legal trouble. Seek the help of The Houston Lawyer Charles Johnson to learn more about what you can do to assert your rights.
Drug possession criminal charges can easily differ significantly, dependant upon the quantity of the drug you’re charged with possessing. Even a minute quantity of illegal drugs can easily come with severe consequences and the fees and penalties just get much more serious as the quantity increases. Try to remember to think long term; you would like the criminal case handled correctly right now to ensure that it will be considered a speed bump rather than a road block in your life. Houston Lawyer Charles Johnson is going to be devoted to that type of defense.
Laws regarding Drug Possession frequently prosecute drug offenders in very much the equivalent manner they prosecute various other felony offenders. Approximately 90 % of all the drug possession cases don’t make it to trial. The majority of the offenders will plead guilty to drug possession violations. A basic drug possession conviction in Texas might lead to community service, probation, drivers license sanctions, court-ordered drug rehab, county jail time and fines.
Several police forces obtain restitution for their expenses in connection with the criminal arrest and prosecution. Even though the harshness of the penalties may differ with the criminal offense, a good number of drug criminal charges in Texas have serious consequences of some sort. This is often particularly accurate when the charged offense entails weapons in “protected zones” (like educational facilities and recreational areas), adolescents, or perhaps a past drug conviction. Criminal defendants looking to steer clear of prison or jail will want to get in touch with an experienced drug defense lawyer early on in their case. The Charles Johnson Law Firm Criminal Defense philosophy involves intense preparation, investigation that is on par with, and in many cases, better than the authorities and an aggressive posture when advocating our client’s position.
Drug Possession Laws are frequently more severe for possession of drugs which have a higher propensity to trigger misuse, dependency, physical injury, and loss of life. Laws regarding Drug Possession also make it a criminal offense to possess any sort of precursors to drug production or drug distribution. Possession of paraphernalia, or drug accessories, is also unlawful according to laws regarding drug possession.
Laws regarding Drug Possession are also more severe in instances when an offender was caught with a significant amount of a given substance. Frequently Prosecutors will charge these offenders with “drug possession with intent to distribute”. In these instances, an offender might have to deal with an enhanced sentence with stricter penalties. Drug possessions laws also prosecute multiple offenders considerably tougher than those that are first time offenders.
Best Houston Drug Possession Defense: The Houston Lawyer Charles Johnson
Don’t risk a potentially life-ending conclusion to your case. Get in touch with Houston Lawyer Charles Johnson now. In drug possession defense criminal cases, Attorney Johnson will work to prevent the case from becoming charged as drug distribution, that carries a lot more severe penalties. This individual will conduct a thorough investigation into law enforcement procedures, looking for evidence of constitutional misconduct which will permit him to file motions to dismiss particular evidence. He will also present virtually all helpful background info about his client to the court, to be able to persuade the court that the client isn’t a distributor. If dismissal of the criminal charges isn’t feasible, he will argue for alternative sentencing choices, including enrollment in a drug therapy program and/or perhaps community service.
The laws regarding drug possession have received significant scrutiny for numerous years. The latest trend is to really encourage rehab choices for non-violent drug offenders. Countless numbers of drug courts have been established to offer long-term counseling, sanctions, benefits, along with other programs to participants. Completion of these programs frequently results in a lessened or even dismissed criminal sentence. These types of programs are appearing to be much more cost effective and more successful than the mandatory minimum laws regarding drug possession. For additional details on laws regarding drug possession, get in touch with Houston Lawyer Charles Johnson. He will be able to help you get your life back on track.
Charles Johnson |
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| Tags: client, conviction, court, court ordered drug rehab, criminal defendants, drug conviction, drug possession violations, evidence, felony offenders, help, houston lawyer, innocent bystanders, license sanctions, life, minute quantity, sentence, sort, time, trouble, wrong place at the wrong time
What is a Criminal Appeal?
A Criminal Appeal is known as the request from any party in the lower court proceeding to the higher (appellate) court requesting the appellate court to examine and alter the decision of the lower court. If the defendant in the criminal court case is found guilty of a charge or charges, this defendant will have the legal right to appeal that conviction or the penalties or sentencing. It’s common for defendants who have been found guilty to appeal his / her convictions.
Top Houston Criminal Appeal Lawyer: The Charles Johnson Law Firm
The defendant in the criminal trial can appeal right after the individual is found guilty at trial. The truth is, it’s very typical for defendants who have been found guilty to appeal their convictions and/or sentencing. Typically only the defendant in the criminal trial can appeal. The prosecutor cannot appeal if the defendant is acquitted (found “not guilty”) at trial. A prosecutor cannot place the same defendant on trial for the very same charge with the exact same evidence. This sort of retrial is referred to as “double jeopardy.” Double jeopardy is specifically disallowed under the 5th Amendment of the US Constitution. Nevertheless, prior to or during the criminal court trial, the prosecutor might be able to appeal specific rulings, for instance when a judge has ordered that some evidence be “suppressed”. Appeals that occur in the course of a trial are known as interlocutory appeals. Typically, appeals can be quite complex; the appellate court has a tendency to implement technical rules for carrying on with a criminal appeal.
In criminal court cases, the federal court can review a conviction once all of the ordinary appeals have been completely utilized. A defendant who has been found guilty can request one such review in the petition for the writ of habeas corpus , Latin for “you have the body.” Merely a small number of these types of petitions are generally granted. In death penalty legal cases, these types of proceedings have grown extremely controversial. Since the judicial or prosecutor’s error in the death penalty case has such severe penalties, courts evaluate petitions for writs of habeas corpus cautiously.
The procedures of appellate courts encompass the guidelines and procedures through which appellate courts evaluate trial court decisions. The Federal appellate legal courts observe the Federal Rules regarding Appellate Procedure. The State appellate courts adhere to their unique state rules involving appellate procedure. Both in state as well as federal jurisdictions, appeals are normally limited to “final judgments.” There can be exceptions to the “final judgment rule,” such as cases of basic or serious error because of the trial court, questions involving subject-matter jurisdiction of a trial court, or constitutional concerns.
The issues under evaluation in appellate court focuses on written briefs offered the parties. Such complex documents describe the concerns for the appellate court and outline the legal authorities and justifications supporting each individual party’s position. The majority of appellate courts don’t hear oral arguments unless there’s a specific request from the parties. Few jurisdictions permit oral argument as a matter of course. Where it’s permitted, oral argument is supposed to describe legal issues offered in the briefs and attorneys tend to be constrained to keep their oral presentations stringently for the issues on appeal. Typically, oral arguments are subject to a rigorously enforced time frame. This time restriction may be expanded solely upon the discernment from the court.
Where are Appeals Filed?
Generally, people can only file an appeal using the next higher court within the same system that the case begun. For instance, in the event that individuals wish to file any appeal from a decision in the state trial court, usually they could file their appeals just to the state intermediate appellate court. A party who loses at appeal can next appeal to the subsequent higher court within the system, normally the state supreme court. The state’s highest court is virtually always the last word on issues regarding that state’s law.
How Much Does a Criminal Appeal Cost?
To tell the truth, numerous appeals are often very inexpensive. If your appeal is centered on a single plainly defined issue of law, and all parties have organized strong briefs, could cost very little to appeal. However, appeals which include statements that the judgement had been contrary to the weight of the evidence generally will need both the printing of the entire trial history and intensive examination as well as briefing. These kinds of appeals are fairly expensive as they possibly require considerable amounts of attorneys’ time. Furthermore, they often times end up being significantly less successful.
Houston Criminal Appeal Lawyer: The Charles Johnson Law Firm
Managing the criminal appeal process is tough and time-consuming. Houston Lawyer Charles Johnson will help you prepare your strategy. Contact us now for a no cost preliminary consultation.
Charles Johnson |
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| Tags: 5th amendment, appellate court, conviction, court, court trial, criminal appeal, criminal court cases, decision, double jeopardy, evidence, Federal, houston lawyer, interlocutory appeals, jeopardy, Lawyer, party, prosecutor, state, us constitution, writ of habeas corpus
When the police suspect an individual has been driving under the influence, they will ask him/her to perform a series of standard tests, also named field sobriety tests. Field sobriety tests help law enforcement determine a driver’s level of intoxication by challenging his or her physical and mental coordination and capacity to follow instructions. They are also used to establish a probable cause for arrest.
If you are pulled over for suspected DWI, be polite to the officer. On the other hand , do not respond to any questions about what you have had to drink or when.
Politely refuse to undergo field sobriety testing, as this is not mandatory and you cannot be penalized for a refusal of this kind.
The three standardized field sobriety tests used by Houston police officers are:
The Horizontal Gaze Nystagmus (HGN): HGN refers to the involuntary jerking of the eyeball. When an individual is intoxicated, it is believed that his/her eyes are more likely to twitch. Through the HGN test, the police officer will hold an object in front of the driver and ask him/her to follow the object with his or her eyes. If the driver cannot follow the object, or if his/her eyes start twitching, then it is taken as a sign of intoxication. (Even so, it is very important to note that Nystagmus is medical and physiological condition that’s common in a large amount of individuals, even though they are sober)
The One-Leg Test: the driver stands on one foot and raises the other leg six inches off the ground when counting out loud. The driver is expected to stand on one foot without raising his/her arms, losing balance, wobbling, hopping around, or putting the lifted leg down.
The Walk and Turn Test: the driver takes nine steps in a straight line touching heel to toe, stops, and then repeats the action in the other direction
In addition to these DWI tests, law enforcement officers may possibly require drivers to perform additional tests, including:
- Finger to nose test
- Reciting the alphabet
- Counting backwards
- Balancing tests
If you did perform a field sobriety test and were arrested, it is important to get in touch with the Most Effective Houston Lawyer as soon as possible. Most law enforcement officers have already decided to arrest you at this point, and are at this point simply looking for more evidence to use against you in court. Many attorneys believe field sobriety tests are inaccurate, subjective, and designed for failure. There are many factors that can cause folks to appear intoxicated, most notably nervousness, age, lack of natural coordination, lack of proper instruction, weather, fatigue, illness, physical problems, disabilities, injuries, car headlights, weight, footwear, intimidation, and traffic distractions.
Other important advice:
After your criminal arrest, you have the right to remain silent. You do not need to answer questions or submit to formal questioning about the case. Although you should cooperate and be polite, you do not need to respond to questions about how much you have had to drink and when. Exercise this right, and you will have a much better potential for avoiding a conviction.
You also have the right to legal counsel. This is a constitutional right that should be observed in order to provide defendants in criminal cases the opportunity to establish their innocence. By consulting a Houston DWI criminal defense lawyer as soon as possible subsequent to a DWI arrest, you will provide him or her a better chance of making a positive impact on your case.
If you are arrested, be sure that you speak to the Texas DPS as soon as possible. You have only Fifteen calendar days to schedule an ALR (Administrative License Revocation) hearing regarding your license suspension. Failing to schedule this hearing will lead to the automatic suspension of your license.
Most importantly, contact the Recommended Houston Criminal Defense Lawyer as soon as you can. Having a competent lawyer at your side as early in the process as possible will mean that your rights will probably be safeguarded and you will have the very best opportunity of avoiding license suspension and a conviction.
Houston DWI Defense: The Most Dedicated Houston DWI Attorney
If you have been arrested and charged for DWI, and you performed one or more field sobriety test, it is vital to hire an expert Houston DWI lawyer to investigate your case and represent you in the courtroom. The Top Houston DWI Attorney will use their expertise to fight the charges brought against their clients and protect their rights. They will question the arresting officer’s ability to properly conduct a field sobriety test, and make sure the police officer did not violate their clients’ rights in the course of the arrest. Furthermore, they will be dedicated to providing each client with personalized attention, viable alternatives, and aggressive DWI defense. They will not stop working until they acquire a favorable result, and see that justice has been served.
Charles Johnson |
4 comments
| Tags: conviction, coordination, enforcement, Field, field sobriety tests, foot, gaze nystagmus, hgn test, houston attorney, houston police officers, individual, Lawyer, level of intoxication, mental coordination, nine steps, Nystagmus, object, physiological condition, standardized field sobriety tests, test
Hire the Finest Houston DWI Lawyer!
There are a few essential things it is best to realize in the event you are facing DWI criminal charges in or around Houston, Texas. The Leading Houston Lawyer will undoubtedly be happy to answer your questions about DWI and provide you essential case tips when you speak to them for a free of charge preliminary case evaluation.
Case Tips Regarding your Houston DWI
- If you happen to be stopped for suspected DWI, always be polite to the officer. However, do not answer any questions about what you have had to drink or when.
- Politely refuse to submit to field sobriety testing, as this is not mandatory and you cannot be penalized for a refusal of this kind.
- If you are arrested, be sure that you speak to the Texas DPS as soon as possible. You’ll have only Fifteen calendar days to schedule an ALR (Administrative License Revocation) hearing regarding your license suspension. Failing to schedule this hearing will bring about the automatic suspension of your license.
- After your arrest, you have the right to remain silent. You do not have to respond to questions or undergo formal questioning regarding the case. While it is best to cooperate and be polite, you do not have to respond to questions regarding how much you have had to drink and when. Exercise this right, and you will have a far greater chance of avoiding a conviction.
- You also have the right to legal counsel. This is a constitutional right that has to be observed in order to provide defendants in criminal cases the chance to prove their innocence. By turning to a Houston DWI lawyer as soon as possible following a DWI arrest, you will give your attorney an improved chance of making a positive impact on your case.
- Most importantly, contact the Leading Houston DWI Attorney as soon as you can. Having a skilled attorney at your side as early in the process as possible means that your rights will undoubtedly be defended and you will have the very best opportunity of avoiding license suspension and a conviction.
Hire the Finest Houston Lawyer!
Experienced Attorney Charles Johnson of the Charles Johnson Law Firm can fight for your legal rights both during your ALR hearing and also throughout the entire criminal court process.
The Most Qualified Houston Criminal Defense Lawyer has represented many clients who were dealing with DWI convictions and harsh legal penalties. With their guidance, clients have been able to battle their driving while intoxicated charges and obtain effective outcomes in court and at their Texas DPS ALR hearings. Dedicated Houston Criminal Attorney Charles Johnson is an aggressive, qualified litigator who is prepared to assist you. Call him today and he will help you get your life straightened out.
 The Houston Lawyer
Charles Johnson |
One comment
| Tags: administrative license, automatic suspension, calendar days, case evaluation, constitutional right, conviction, criminal charges, essential things, field sobriety, houston dwi attorney, houston dwi lawyer, houston lawyer, houston texas, innocence, legal counsel, license revocation, license suspension, texas dps
What is the definition of an appeal?
An appeal is a petition to a higher court by the losing party in a court action to overturn a lesser court’s judgment. The basis of an appeal has to be a reversible oversight in the application of the law at the trial court level (i.e., depending on the facts, the court plainly misapplied the law).
In defense cases, a great appeal can target the conviction itself or perhaps the sentencing portion associated with the decision without any regard to the fundamental conviction. For instance, if the defendant is properly convicted of manslaughter but a judge sentences the defendant to a prison term which is beyond the limit of the law, the defendant will undoubtedly appeal the prison term while leaving the actual conviction itself intact.
An appeal can be filed only after a final judgment or order has been reached by the trial court. This is quite simply for reasons of efficiency, so that the court system isn’t bogged down by delays and trials aren’t constantly put on hold while awaiting appeals associated with a judge’s every ruling.
At the conclusion of a trial, the losing party may also construct direct appeals (e.g., motion for a new trial, motion for directed verdict) to the presiding judge to immediately overrule the jury’s judgement, nevertheless these are rarely victorious.
Does an appeal constitute a new trial?
No. In an appeal there won’t be any new issues provided or witnesses designated to testify. The appellate court will only assess the trial’s transcript and evidence offered during the trial to figure out whether there were errors with regard to either procedure or application of the law. Even if there were errors, when they are considered minor – legally designated “harmless error” – the judgment won’t be overturned or a new trial granted.
Can any judgment be appealed?
The short response is no, there isn’t any absolute right to an appeal. Every state has laws which outline the kinds of cases which appellate courts may review. There should be an error of law for an appellate court to review a case. The reality that the losing party did not like the decision is not really enough to sustain an appeal.
That being said, even in administrative courts or lower level courts, if anyone’s constitutional protection under the law have been infringed upon, some may file suit to enforce their privileges and/or to revisit the original case.
What is the definition of the appeals process?
In Texas court proceedings, the appellant or petitioner (the party appealing the judgement) should file a notice of appeal within 30 days of the decision. In federal court, the deadline is 60 days. The filing of the notice of appeal begins the clock running on the appeals process and then there are prescribed deadlines from this point on. The petitioner submits a legal brief detailing the alleged discrepancies of law made by the trial court, and the respondent or appellee (the party that prevailed at the trial) creates a reply.
Once the appellate court acquires both petitioner and respondent briefs, it will assess the arguments and make a determination of whether: a) there were errors of law made by the trial court, and additionally b) if perhaps the mistakes rise to the level of “reversible error” (highly serious errors). As mentioned above, benign discrepancies are likely to be disregarded by the appellate court.
There might not be oral arguments given by petitioner and respondent. If the court chooses to hear oral arguments, the petitioner will present their arguments and additionally field inquiries from the judge(s) and after that the respondent will do the same. In the majority of appeals, this question and answer format may last 10-15 minutes per side.
Whether the appeals court listens to oral arguments or issues a verdict established exclusively on the written briefs, the court will either: 1) affirm the decision; 2) demand a new trial; 3) change the ruling in some way; 4) give consideration to new facts or evidence (seldomly); or 5) in incredibly infrequent cases, may throw out the case completely.
What is the likelihood of a successful appeal?
The number of winning appeals is minimal. Appellate courts offer the trial court great freedom in conducting trials. The law doesn’t necessarily guarantee perfect trials, subsequently appeals courts can only overturn verdicts which contain clear, serious errors of law.
Because of the flexibility appeals courts give trial decisions, petitioners bear a far greater responsibility in proving that errors of law happen to be considerable rather than harmless. If an appellate court can discover any satisfactory argument that the oversight could not have changed the verdict (and is therefore “harmless”), it will refuse to overturn the verdict.
There will most certainly be, certainly, a number of cases where significant errors were made and appeals courts will overturn those verdicts. Particularly serious are charges that the trial court refused the law secured by the constitution, that include due process and equal protection rights.
I lost my trial due to the fact that my attorney made stupid mistakes, can’t I depend on an appeal to correct them?
Don’t rely on appeals to make up for any real or perceived deficiencies at trial. You should put all of your energy into the trial itself, which includes finding the proper lawyer to attempt the case. Successfully appealing a verdict simply because you had a deficient attorney is a difficult proposition. You can’t appeal because you basically had a poor lawyer.
You can appeal on the basis that your attorney was so incompetent that you had been denied your 6th Amendment right to a fair trial (known legally as an “ineffective assistance of counsel” appeal). This occurs nearly exclusively in criminal defense circumstances and the standard for the appeal is really high – courts are incredibly deferential to the competency of attorneys and maintain a strong presumption that the lawyer’s assistance was within professional standards. To put it in perspective, there have been situations where an attorney has fallen asleep during a trial, yet the verdict was not overturned nor the case retried.
Many cases aren’t eligible for appeal since the trial attorney did not object to a ruling during the trial, and therefore didn’t “preserve” that issue for appeal. For example, a written statement from a witness accusing a defendant of robbery is entered into evidence, but the witness does not testify at trial. The defense attorney does not object and the defendant is convicted based solely on the written statement. The Confrontation Clause of the 6th Amendment guarantees a defendant the right to face his accuser, a right which, if infringed, could form the basis for an appeal.
Because the attorney neglected to object at trial to the admission of a written statement rather than live testimony, however, the defendant is regarded to have waived this priviledge and an appeal will possibly not be allowed on that issue.
The example sounds absurd; an attorney waives your constitutional priviledge through ineptitude, yet your appeal on the basis of inadequate assistance of counsel fails – but it happens frequently. An appeals court may reason that calling the witness on the stand wouldn’t have had any beneficial effect for the defendant and therefore the decision not to object may possibly be considered a trial strategy. That’s the type of deferential latitude attorneys get in ineffective assistance of counsel appeals as well as the reason why it is important to select your attorney wisely at the beginning of the process and stay involved during each aspect of the trial.
What is a writ?
A writ is a directive from a higher court instructing a lower court or government official to take a specified action in accordance with the law. For instance, if a lower court decides to try a case that is outside of its jurisdiction, one or more of the legal representatives concerned may object and seek a writ of mandamus (writ of mandate) from an appeals court ordering the lower court to transfer the case to another jurisdiction.
How do writs and appeals differ?
Writs are extraordinary court orders and solely issued in cases where a moving party (the one seeking the writ) has no other available alternatives. In the case of the writ of mandamus from above, the moving party had to act quickly simply because the lower court improperly took the case. If the moving party had simply objected at trial and waited to appeal, a remarkable waste of time and money would have occured – and all for nada if the trial court improperly took the case.
Generally, superior courts won’t review choices of a lower court until a final verdict is delivered, for the formerly discussed reasons of efficiency and leeway given to lower courts. Unlike appeals, which need a final verdict, writs are immediate orders and extraordinary in that the ordinary course of a trial is disrupted, potentially causing disorder and delay.
Courts do not necessarily take such events lightly and superior courts do not issue writs often. A court will only issue a writ when a lower court wrongly decided an issue, permanent harm would happen to a party, and there are no other options.
Courts could also issue writs, such as writs of attachment and execution, in order to force compliance with a court order by an unwilling party.
What’s the definition of a writ of habeas corpus?
A writ of habeas corpus is a judicial mandate to a prison official ordering that an inmate be produced to the court so it can be determined whether or not that person is imprisoned lawfully and whether or not he or she should be released from custody.
Literally translated, a writ of habeas corpus is a court order to “produce the body,” and is generally filed by those in prison, though they are also filed by those who have been held in contempt of court by a judge and either imprisoned or threatened with imprisonment. Also known as “the Great Writ,” habeas petitions are ordinarily referred to as the hallmark of the United States justice system. Unlike other countries where the powers that be may throw someone in jail and keep them there indefinitely without filing charges or conducting a hearing, habeas corpus serves as a check on the government and offers prisoners a legal avenue to protest their imprisonment.
A habeas corpus petition can be filed in state or federal court. Before filing in federal court, however, all state options must be exhausted first.
Everyone has the right to challenge illegal imprisonment or inhuman prison conditions. Like all writs, however, courts will insist on clear and convincing evidence in support of a writ and do not issue them frequently.
Houston Appeals Defense: The Charles Johnson Law Firm
Dealing with the appeals process is tough and time consuming. An experienced attorney from the Charles Johnson Law Firm in Houston, Texas can help you plan your next move. Contact us today for a free initial consultation.
Charles Johnson |
One comment
| Tags: appeals, appellate court, application of the law, conclusion, conviction, defendant, defense cases, efficiency, final judgment, free consultation, harmless error, judge sentences, judgement, manslaughter, motion for directed verdict, oversight, petition, presiding judge, prison term, regard, trial court level
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