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Houston Lawyer Blog
Tag Archive for houston criminal lawyer

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.
Charles Johnson |
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No one truly intends to commit intoxication manslaughter. They do not wake up and say “I’m going to get drunk tonight and drive and see who gets in my way.”
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

Houston Criminal Lawyer Charles Johnson will be available round the clock, seven days a week to take your call. He will make himself accessible to meet with you for an initial free consultation to discuss your case at a time and date and location that is handy for you.
Consulting with Houston Attorney Johnson is suggested for individuals charged having a crime, simply because persons accused of crimes will probably be able to much better comprehend the charges that have been brought against them and what defense is available for those charges. It’s a constitutional right for anyone charged with a crime in the United States to have fair and competent legal counsel in a court of law or to have the ability to represent themselves in a court of law, according to the Sixth and Fourteenth Amendments.
Houston Criminal Defense: Employ the Top Criminal Defense Lawyer » Charles Johnson Law Firm
Anyone that has been charged with a crime should consult the advice and the representation of the Best Houston Criminal Lawyer to help understand the nature with the charge, what defenses are available for the crime, if plea bargains are obtainable, and what could happen if the defendant is convicted of the crime. They are able to also help to identify pretrial problems and bring about essential motions either prior to or during the trial that can help to have the charge dismissed or have the charges lessened. Consulting with your attorney can mean the difference between serving a 20 year jail term and getting your case dismissed. Mr. Johnson is experienced in defending those charged with a variety of various crimes and studies the ever altering laws.
If You Are Charged with a Felony or Misdemeanor
Waiting to consult a criminal defense attorney until a person is charged with committing a crime can be detrimental to that person’s case. A person suspected of committing a crime, whether or not they actually committed the crime, should consult with the Most Dedicated Houston Drug Crimes Attorney immediately. Immediacy is an important factor when creating a defense to a criminal charge and the Most Respected Houston Attorney will start working on a defense as soon as feasible.
State vs. Federal Crimes
There are differences in between becoming charged having a state criminal offense or a federal criminal offense. Any individual charged for a crime ought to inform their attorney as to which level crime they have been charged simply because the defense that the lawyer prepares will be different if the crime is a state level charge or a federal level charge.
Contact Attorney Charles Johnson for a free consultation. He’ll fight hard to protect your rights throughout the legal process.
We 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.
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Drug distribution/transporting laws penalize the selling, transport, and unlawful import of unlawful controlled substances into the US most notably marijuana, methamphetamine, cocaine, LSD, heroin, and “club drugs”.
Thus, drug distribution/transportation violations may perhaps fall under a group of crime viewed as an organized illegal activity that can add additional criminal charges to a defendant’s crime and increase the penalties if found guilty. Ownership or sale of these drugs is not necessarily a component of the offense, making objective a factor within the prosecution of distribution/transportation cases. Drug distribution/trafficking laws can implicate a single individual or a broad ring of men and women involved within the criminal offense. Transporting of controlled substances over a state line or possibly a country’s border is a federal crime with significant penalties that may possibly include the death penalty for drug kingpins.
Delivery of a drug is defined as the actual or attempted transfer of a drug from one individual to another. Delivery and distribution are treated as separate violations under the Controlled Substance Act. Cash does not have to change hands for someone to be charged with the selling of drugs. For example, you may perhaps be found guilty of delivering a controlled substance even though others perform the physical act of delivery and you do not receive any money for the transaction. As an example, a defendant was present while another individual delivered and sold cocaine to an undercover agent. Evidence that the defendant brought a mirror to the transaction in order to help measure the cocaine was virtually all that was necessary for an arrest of delivery and sale of drugs. Even though the defendant told law enforcement officials that she received a mere one-half gram of crack in return for her help with the drug sale, she was convicted for illegal delivery and sale.
Dispensing of drugs for medical purposes is permitted under quite specific regulations. However, should a physician dispense drugs outside the scope of his medical practice, this individual can certainly be found guilty of drug crimes, as in U.S. v. Singh, (4th Cir. 1995), in which a physician traded drugs for sexual favors with patients hooked on prescription drugs.
Distribution is defined as the delivery of a controlled substance other than for the administering or dispensing of it. An individual is frequently guilty of distribution when he or she transfers a controlled substance to another individual. The transfer can be actual, constructive, or attempted. The transfer is actual whenever a person physically transfers the controlled substance to another; it is constructive, when the federal government can prove that a person intends to sell or distribute an unlawful substance through their actions or when the quantity of drugs in their possession is considerable; it is attempted when that person attempts to transfer the controlled substance to another, but is otherwise prevented from doing so. Anyone who intentionally participates in contributing to a drug transaction, even if only as a translator, is regarded as a deliverer of a controlled substance.
Transportation and distribution of drugs tend to be more serious crimes than is the criminal offense of drug possession; and these crimes bring about the potential for significant consequences. Anyone facing drug charges for drug importation, drug transportation, or drug distribution and sale (excluding small quantities of marijuana) are typically charged with a felony. A drug transportation/distribution charge might bring about one or more years in a state prison along with a permanent criminal record. Automobiles, residences together with other possessions tied into a drug transaction may also have to be forfeited.
The sale of drugs is invariably a felony arrest. A sale of under 40 kilograms of marijuana is known as a felony under federal law, and is punishable by five years in jail and a $250,000 fine. The penalty for the sale of “harder” drugs, crack and heroin, can certainly include a life sentence. Sentences and fines are usually in line with the quantity of the sale, the previous criminal history of the defendant, the presence of firearms on the defendant through the transaction, and whether minors were involved in the transaction or not.
Mere possession of a controlled substance does not demonstrate specific motive to distribute or sell the drug. Motive cannot be proven by use of direct evidence (evidence primarily based on a witness’s firsthand knowledge) or circumstantial evidence (evidence based on inference); a distributor must know that he/she is in possession of a drug meant for distribution.
Defenses for Distribution/Transportation
Defenses for drug distribution/transportation charges ordinarily involve the violation of the Constitutional privileges of the person charged. Due process requires that every element of the crime be proved beyond a reasonable doubt, a high standard when attempting to demonstrate the elements in a distribution/transportation offense. In addition, the 4th Amendment to the United States Constitution protects individuals from unreasonable searches and seizures. The unreasonableness is determined by the specifics and circumstances of each case. If the police unlawfully searched you, or illegally seized your property, an Experienced Houston Criminal Defense Lawyer could very well be able to have the charges dismissed.Various other proven successful defenses for distribution/transportation criminal charges include entrapment and illegal surveillance, both of which an individual is constitutionally defended against under certain situations.
If you had been in a vehicle containing drugs that was stopped, but you were a passenger, the prosecution needs to establish that you had been in possession and had knowledge of your possession. You may not be found guilty of any drug charge ;if you didn’t realize the drug had been there.
An Experienced Houston Criminal Defense Attorney will make sure your legal rights are defended and if the authorities didn’t follow correct procedures, they will have resulting evidence dismissed.
Houston Drug Distribution Defense Lawyer
If you face any sort of of drug criminal charges, the prosecution will try to press the most severe charges potential. Should you encounter drug distribution criminal charges or you have been arrested for conspiracy with intent to distribute, a conviction could mean a long jail sentence and forfeiture of property and assets.
Law enforcement are not your pals. Your very best chance is to get in touch with an aggressive criminal defense lawyer and keep your mouth shut.
If you are found with scales, drugs, and other distribution materials, you will probably be charged with possession with intent to distribute. Depending on the amount of the drug involved, you could lose vehicles, cash, and even your home if found guilty. Providing the aggressive criminal defense you deserve, a skilled Houston Lawyer will be available twenty-four hours a day, seven days a week.
A knowledgeable Houston Criminal Defense Attorney will make certain the burden of proof rests on the prosecution.
The Leading Houston Attorney will treat you and your legal issue with dignity and go to war for you to protect your life, nearest and dearest and future. Whenever you or perhaps a family or close friend are dealing with legal charges or a criminal defense inquiry, you would like an individual you can rely on to assist you.
Charles Johnson |
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| Tags: arrest, club drugs, controlled substance act, controlled substances, Criminal, distribution transportation, drug distribution, drug kingpins, federal crime, houston criminal lawyer, individual, law enforcement officials, line, person, physical act, physician, state, Substance, transaction, transportation
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Being charged with a crime in Houston is a extremely scary moment in your life. The federal government has the power to take away your liberty for the rest of your life. A quite complex process starts to operate the minute that you are arrested by the police. It truly is frightening and bewildering.
In this article we will give you a good idea of the criminal process and what you might expect should you are ever charged with a crime. Nevertheless, these are generalities only. The real answer is determined by the form of criminal offense you were charged with, the circumstances surrounding it, the county you are in, etc. Only those who understand the criminal law process, and realize how to make it work, will be able to genuinely tell you what to anticipate in your particular case. This is certainly an area of the law you do not ever want to handle all by yourself.
Experienced Houston Lawyer: The Charles Johnson Law Firm
The Charles Johnson Law Firm will always provide a free of charge consultation to anyone charged with a criminal offense. You should take advantage of that free consultation asap. Having a criminal defense attorney is extremely important to successfully getting through the criminal process. Receive a complimentary initial consultation by calling Houston Criminal Defense Lawyer Charles Johnson now, 24 / 7, 365 days a year.
The following are the steps you might expect to happen, and what each step in the process means to you:
Stop and Arrest
The whole process starts with a stop or a charge by the authorities. A stop isn’t as formal as an arrest. A police officer will stop you to make inquiries. They cannot stop you unless they have a reasonable belief that you violated what the law states. What is a valid “reasonable suspicion”? There are a million court cases answering that question and Houston Criminal Defense Attorney Charles Johnson will be capable of giving you many examples during your no charge consultation.
Nevertheless, understand that you always have the right to remain silent, even if you are merely stopped and questioned. You do not have to answer questions from law enforcement at any time. The truth is, everyone ought to know their constitutional rights relating to criminal law.
If you are in a vehicle, the law enforcement officer may very well ask to search it. The authorities cannot search your automobile unless they have “probable cause”, or you consent. Some might seek your consent mainly because they do not quite have “probable cause.” You do not have to provide your consent to a search of your automobile. Some may search your automobile later, nevertheless your attorney will be able to then challenge the probable cause law enforcement asserted as being a reason to search the automobile. Should you give your consent, the authorities do not need any other reason to search your vehicle, and your attorney will have considerably less to challenge in the courtroom.
“Probable cause” is more serious than “reasonable suspicion”, however there are a million court cases explaining it too and a Houston Lawyer will explain those during your consultation. You cannot challenge a law enforcement officer’s assertion of probable cause until later, in the courtroom. Once again, let your lawyer handle that question later.
Typically, a police officer is able to charge you should they have probable cause to believe you committed a crime, or if there is a warrant out for your arrest. If a stop and search lead to an arrest, you must in no way resist it. If it isn’t really valid, you may wish to do so, however you cannot legally challenge it until later. Resisting arrest is a crime itself. The optimal advice if you are arrested is to be calm, be silent, and demand a lawyer before they ask you any type of questions.
Booking
After being arrested, the police officer will “book” you. This is the process where they take your fingerprints, get your mug shot, do a background check, and ask you questions. Remember, you have the right to remain silent and the right to demand an attorney. You do not need to respond to questions. They aren’t going to let you out of jail even should you respond to all their questions. Just always be calm, always be silent, and let Attorney Johnson deal with things later. That’s the best you can do.
Charging
The charge originates from the prosecutor, not police officers. The victim does not get to charge you, and contrary to popular belief, they don’t get to drop the criminal charges either. The prosecutor will often take into account the wishes of the victim, nevertheless they do not have to. You are within the hands of the state subsequent to being arrested. They cannot hold you indefinitely, however. You must be arrested for a criminal offense within a certain limited amount of time or they have got to release you.
Arraignment
This is where the Judge or Magistrate will formally read your criminal charges and let you know your rights. You should have asserted your priviledge to an attorney before now. If not, do so now. If you are asked how to plea, and you do not have a Houston criminal defense lawyer, you must say “not guilty.”
The Magistrate will determine whether or not you ought to be released, and if so, how much your bail will be. Bail is the amount of cash you, or another person else, must post with the court so they can be sure you will reappear. In the event you do not, your bond is going to be forfeited, and the county retains it.
If bail is set, another person has to post it for you or hire a bail bondsman to do so. If you hire a bail bondsman, and you run off, the bondsman loses the bail money to the court. In the event that happens, they send another person after you – a bounty hunter. Furthermore, there will be a warrant out for your arrest. In some cases you might be released on your own “recognizance”, which just means there is absolutely no bail. Nevertheless you are now in the system and will have to appear for additional proceedings.
Discovery
Discovery is a pre-trial process where the prosecutor needs to give certain information and facts to your criminal defense lawyer. Attorney Charles Johnson will be permitted to see all of the evidence against you before trial. There aren’t any secret, last minute witnesses permitted.
Pre-Trial Motions
This is the top reason to remain silent, not give your consent to a search, and demand an attorney in the event you are arrested. Your lawyer might prepare any number of pre-trial motions. They frequently ask the Court to exclude certain evidence from trial if it was gained in an illegal or impermissible fashion. It is difficult to suppress evidence if you spoke voluntarily or gave consent to a search.
Plea Bargaining
This is known as a fancy word for negotiations. If the two sides reach an agreement, you will usually be required to plead guilty to one or more of the charges to obtain the deal which has been reached. This involves going to court, answering several questions from the Judge, and indicating to the court on the record that you are guilty to the charge agreed upon by your criminal defense attorney and the prosecutor.
Trial
If the prosecutor and your lawyer are unable to reach an agreement on a plea bargain, you will normally go to trial. Trial is where the government needs to put on evidence that you committed a transgression, in most cases including producing witnesses live in court to testify. You do not have to testify. You do not need to put on any type of evidence whatsoever. The government has to demonstrate its case, and it needs to demonstrate it beyond a reasonable doubt.
Sentencing
If you are found guilty, or if you enter a plea of guilty based on a plea bargain, you will undoubtedly be sentenced by the Court. The Judge will make a decision on the suitable punishment. This might end up being anything from probation to active prison time. There are guidelines that apply and allow the Judge a general range of punishment choices.
Houston Criminal Defense Attorney Charles Johnson can do a lot for you personally at sentencing, including making sure that all the procedures are followed, arguing for lesser guidelines, and arguing circumstances which would allow the Judge to sentence you to lower than that called for in the guidelines. Also, Attorney Johnson will help you before sentencing by informing you what measures you might take to make the Judge more likely to be lenient on you. For instance, if you are charged with drunk driving, and take a class or go to rehab, the Judge may take that into consideration when sentencing you.
Aggressive Houston Attorney: The Charles Johnson Law Firm
I have tried to provide you with a good overview of the criminal process, with a few tips on how best to deal with important things at each stage. But I should repeat my first and most important advice here: call Houston Lawyer Charles Johnson whenever a criminal charge is made against you. It is no joke, and you could lose your protection under the law, your money, and your independence.
Remember, we offer a no cost consultation for any individual charged with a criminal offense. You should take advantage of that no charge time to better understand the exact nature of your situation, and what is likely to take place at trial or sentencing.
Charles Johnson |
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| Tags: automobile, cause, charge consultation, consultation, court, courtroom, Criminal, criminal defense attorney, criminal defense lawyer, enforcement, houston criminal defense attorney, houston criminal defense lawyer, houston criminal lawyer, houston lawyer, initial consultation, reason, reasonable suspicion, scary moment, Stop, vehicle
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Generally, prostitution is the act of participating in sexual activity by an individual for a fee or a thing of economic value. However the scope of the crime of prostitution has been widened to include virtually all prostitution related offenses. As a result a person is considered to commit a criminal offense of prostitution if he or she engages in an act of prostitution willfully, solicits prostitution, or agrees to engage in an act of prostitution.
An individual could possibly end up being guilty of an attempt to commit prostitution when he or she engages in conduct that tends to effect the commission of such crime.The parties to the crime often include: a prostitute in addition to a customer or a third person/pimp. In addition to engaging in prostitution, soliciting prostitution, agreeing to engage in an act of prostitution, child prostitution, attempted prostitution are some other prostitution related offenses. In order to establish attempt, it is necessary to determine that a defendant had the intent to commit a specific offense and that a defendant engaged in some affirmative act to carry out that criminal offense.
The Most Effective Houston Criminal Attorney Can Help
The elements constituting a criminal offense of prostitution are that an individual has engaged in a sexual activity and has done it willfully. Sexual activity might be sexual intercourse or any type of lewd acts that can arouse sexual feelings. Most jurisdictions make monetary consideration a requisite to constitute prostitution but a few jurisdictions do not require it to be a component of the offense. Consideration need not be in the form of cash.
In order to constitute an offense of soliciting prostitution, an individual has to solicit another individual to engage in an act of prostitution and the act must have been done with specific intent to engage in an act of prostitution. A prostitute or a customer may be charged for the criminal offense of solicitation of prostitution depending on the circumstances or who began the interaction. Specific intent of engaging in an act of prostitution is an essential element to constitute a criminal offense. An offer to pay cash or some other compensation like drugs in return for sexual acts may very well be regarded as evidence as to the intent of the parties. Several courts have held that the individual being solicited must actually receive the solicitation in order to convict an accused for soliciting prostitution.
Agreeing to engage in an act of prostitution is another prostitution offense. The elements of the criminal offense are that, an individual has to have agreed to engage in an act of prostitution with another person. It should have been with a specific intent to engage in an act of prostitution and any sort of act in furtherance of prostitution must have had to be performed. This offense is a continuation of solicitation of prostitution because the person who accepts solicitation will undoubtedly be agreeing to engage in prostitution.
An arrest under the offense of agreeing to engage in an act of prostitution may possibly be made even if the person who solicited did not have the same intent. This situation may arise when a person who pretended to be a prostitute was an under cover agent. In addition to the intent, an act in furtherance of prostitution must have been performed to constitute the offense of agreeing to engage in prostitution.
An act in furtherance of prostitution might be, driving to an agreed upon location where the sexual activity will take place, simple verbal command to undress, giving the payment agreed upon and the like. The nature of the act isn’t important as long as it indicates existence of an agreement to engage in prostitution.
Hire the Most Effective Houston Lawyer
Houston Lawyer Charles Johnson will treat you and your legal situation with dignity and go to war for you to safeguard your life, loved ones and future. When you or a family or friend are dealing with legal issues or a criminal defense inquiry, you need someone you can depend on to help you.
Even though prostitution is (initially) a misdemeanor, a conviction can be devastating. A sex related criminal record can damage an individual’s career and family life. In the event you are contending with prostitution or solicitation of prostitution in Houston, Texas, you will find an aggressive, skilled, and knowledgeable attorney in the Best Houston Criminal Defense Attorney at the Charles Johnson Law Firm.
Charles Johnson |
One comment
| Tags: child prostitution, criminal attorney, criminal offense, defendant, houston criminal lawyer, houston-solicitation-of-a-prostitute, jurisdictions, lewd acts, pimp, prostitute, prostitution, sexual activity, sexual intercourse, soliciting prostitution
The government is leading a well funded fight against drugs that measures its victory by the quantity of arrests made and the size of drug busts. The popularity of drugs leads many people to think of drug crimes as modest offenses. Drug manufacturing charges are pursued very seriously at both the federal and state level. If the quantity is sufficient, you might even find yourself in jail.
Federal convictions carry severe required prison sentences established on Federal Sentencing Guidelines. Moreover, under federal law, you will likely be required to carry out 85% to 90% of your sentencing time without having the probability of parole. Federal agents are experts in employing high pressure tactics to acquire confessions and negotiate plea bargains that can certainly land you in prison. Most states have minimum sentencing guidelines which include jail time for drug manufacturing, possession, trafficking and distribution.
Even a simple marijuana "manufacturing" (growing) charge might lead to a criminal record which makes it very difficult to obtain a good job. While some may perhaps view drug use as a "victimless criminal offense", the government views drug manufacturing and use as a strong contributor to violent crime. Even if the charge is initially handled by your state, it can easily be handed to federal authorities. A serious concern if you are facing drug manufacturing criminal charges is whether or not the federal government is involved. Do not underestimate the severity of drug manufacturing charges. The federal government has an entire agency whose objective is to acquire drug convictions, including convictions for drug manufacturing.
Serious Charges Require Serious Defensive Strategy
Our willingness to fight drug manufacturing criminal charges no matter the expense to us has generated exceptional results for our satisfied clientele. Our familiarity with the state and federal criminal process will work to your great advantage in battling this variety of case. At the Charles Johnson Law Firm, you will find there’s a great deal of experience in addressing drug criminal charges, including drug manufacturing charges. Early intervention is important to obtaining the best results.
If you or a loved one be fighting drug manufacturing charges, please do not be reluctant to give us a call right now for a free of charge, confidential initial consultation. One of the secrets to our accomplishment is the vast team of specialists we have at our disposal to battle overzealous prosecutors at all levels of the government.
Houston Drug Manufacture/Sales Defense Lawyer: The Charles Johnson Law Office
In all cases, we would like to hear your side of the story before we begin to fully evaluate your options.
We are ready to respond to your questions and minimize the damages contending with you following your drug manufacture charge. Understanding your side of the story is essential.
At the Charles Johnson Law Firm in Houston, Texas, our attorney has a great deal of expertise protecting the arrested in the courts throughout Texas. From meth labs to marijuana grow houses, in the event you or possibly a loved one faces charges surrounding the cultivation of drugs; you will need to speak with an experienced trial criminal defense attorney before you take any type of legal action all by yourself. Paying attention to your side of the story, we will help you examine any and all potential defenses. When you first step into our Houston law office, we will discuss your case, go over what happened, and how the charges you face could possibly be affected by a prior criminal record. We are going to tell you about the court in which your criminal charges will be heard. All drug charge convictions carry severe penalties, but the state of Texas makes every effort to crack down on drug manufacture court cases.
Building Your Drug Manufacture Defense
Our method of defending drug crime charges is successful because we aggressively defend our clients’ rights. Most drug manufacture criminal charges, whether or not they involve marijuana or methamphetamines, are heard in state court. Contact us right now so we can help select the approach which is right in your case. Quite often, marijuana grow houses and meth houses are identified after informants report activities to the authorities. However, in every case the quality of evidence differs.
Should you have been turned in by a third party, we will attack the reliability of the source. That is why we analyze potential actions on a case-by-case basis.
Charles Johnson |
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| Tags: confessions, criminal charges, criminal offense, criminal record, defensive strategy, drug arrest, drug convictions, drug crimes, drug use, federal agents, federal authorities, federal convictions, federal sentencing guidelines, government views, houston criminal lawyer, jail time, plea bargains, pressure tactics, prison sentences, violent crime
Assault and battery are two separate offenses. Each may be prosecuted as a misdemeanor or a felony, depending on how the crime was allegedly carried out, the nature of the personal injuries that resulted and the laws of the jurisdiction. If you are confronting a charge of assault or battery, contact a knowledgeable lawyer from the Charles Johnson Law Firm in Houston, Texas to go over your legal rights and remedies.
How are Assault and Battery Defined??
Assault is an attempt to injure a person with force or physical violence. It is also defined as intentionally putting someone in fear or apprehension of such harm. Many jurisdictions include injuring someone in the definition of assault.
Battery is different from assault because it actually results in harmful or offensive physical contact with the victim. Assault can consequently be viewed as an attempted battery.
Typically, battery causes physical injury to the victim. This is not always the case, however. The offensive contact simply might be undesired touching. Usually, though, a defendant is arrested for battery if the alleged victim suffers an injury.
Types of Assault and Battery Penalties
Assault and battery charges can range from misdemeanors to the most serious felonies.
How the defendant is charged can depend on the circumstances of the alleged offense. Many states provide special protection for victims who are members of certain groups that are regarded as more vulnerable. For example, the assault of a child may result in a much longer sentence than the assault of a fellow bar customer. Similarly, assault or battery of the elderly; public servants including firefighters, law enforcement and emergency personnel; educators; handicapped persons; and expectant women might be treated more severely by prosecutors. Assault or battery committed due to the victim’s ethnic background, color, religious beliefs, national origin, gender or sexual orientation are often treated more seriously.
Assault or battery against a spouse or someone with whom the defendant shares a home or romantic relationship can lead to criminal penalties, in addition to a restraining order or protective order preventing the defendant from returning to the home or communicating with the victim.
Assault and battery that occur during the commission of another serious criminal offense will also be treated more harshly. If the defendant is accused of assault while attempting to rob a store, for instance, the punishment is likely to be more severe. Likewise, if the defendant intended to cause serious bodily harm during the assault, the sentence may be longer than if the defendant had not intended serious harm.
Some states have “three strikes” laws, that impose enhanced penalties for habitual offenders (typically those with a third felony conviction). If the assault or battery is charged as a felony, the defendant may be at risk for enhanced sentencing.
Houston Assault and Battery Defense Lawyer: The Charles Johnson Law Firm
A conviction for assault or battery may have some serious consequences, adversely affecting your life far into the future. Each case, however, is different and offers its own defenses. Contact an experienced Criminal Defense attorney from the Charles Johnson Law Firm in Houston, Texas to discuss a strategy for preserving your freedom.

Charles Johnson |
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| Tags: alleged victim, assault and battery, assault and battery charges, defendant, definition of assault, felonies, houston criminal lawyer, houston-lawyer-assault, misdemeanors, personal injuries, physical violence
Drug crimes are covered by both federal and state laws in Texas. Federal offenses are regulated by The Comprehensive Drug Abuse Prevention and Control Act of 1970, known as the Controlled Substances Act.
The Controlled Substances Act covers nearly all of the drug offenses in Texas and is codified in the Texas Health and Safety Code, Chapters 481 through 486. Since Texas is an international border state, drug traffic offenses are a major concern. The state of Texas also has several state drug laws which may not be applicable in other states.
What are the penalties for a drug conviction in Texas?
Drug offenses are among the most serious charges in criminal law. They carry with them severe penalties and can have other consequences in areas of one’s life such as family life and employment. The legal penalties for drug crimes will depend on the nature of the drug offense, and will usually include a fine and/or a lengthy prison sentence.
If you are charged with a drug related crime, you need to contact Houston Criminal Defense Attorney Charles Johnson as soon as possible. The penalties for committing a drug crime can be quite severe, including actual prison time, sometimes for many years in larger high profile drug cases. A conviction for a drug-related offense could not only damage your personal and professional reputation, but could result in actual termination from employment or the suspension or revocation of your professional licenses. It’s not whether you will acquire a lawyer, rather, it’s who you will get to represent you at your most vulnerable time.
What types of factors are considered in sentences for drug crimes?
In determining the sentence for a drug crime, a Texas court will consider the following factors:
- The type of drug: The Controlled Substances Act classifies drugs into 5 “Penalty Groups”, with Group 1 being the most serious. For example, cocaine is classified as Penalty Group 1, whereas prescription drugs are Group 3.
- The amount of drugs in possession: Prison sentences or fines will increase according to the amount of drug possessed. Greater amounts of the same drug will result in higher sentences.
- The purpose for which the drug is used: Simple possession is usually considered less severe than other crimes, such as possession with intent to distribute, or manufacturing and delivering drugs
- Location of the violation: Drug offenses are considered more severe if they take place in certain areas, such as near a school or day care center
- Another important factor that a court will consider is whether the drug offense was combined with another offense. Many drug offenses are related to other crimes such as conspiracy, theft, or assault. If the drug offense is related to another felony, especially a violent crime, the penalties will be more severe.
Do I need a lawyer for a drug offense?
Drug offenses are serious and can lead to felony charges. Therefore, the services of a competent criminal attorney can be crucial when dealing with drug charges. This is especially true if the defendant is involved in multiple or repeat offenses. An experienced lawyer can help explain the various requirements under Texas drug laws.
If you or a family member is charged with a crime in the Houston area, contact Attorney Johnson for a free consultation with a successful criminal defense lawyer. My practice is limited to criminal law. I can offer compassionate legal counsel, accessibility and personal attention, years of experience, and aggressive protection of your rights.
If you are charged with possession of drugs, either for personal use or with intent to sell, Houston Criminal Defense Attorney Charles Johnson can determine which defenses might apply to your case should you plead not guilty. Different states approach the problem of illicit drugs in different ways, while the federal government tends to have the toughest drug sentencing guidelines. But drug possession defenses are fairly universal across state lines. Some defenses challenge the stated facts, testimony or evidence in the case, while others target procedural errors, often search and seizure violations.
Here are some defenses to drug possession charges, some more common than others:
Unlawful Search and Seizure
The Fourth Amendment to the U.S. Constitution guarantees the right to due process of law, including lawful search and seizure procedures prior to an arrest. Search and seizure issues are quite common in drug possession cases. Illicit drugs found in “plain view,” such as a car’s dashboard after a legal traffic stop, may be seized and used as evidence. But drugs found in the trunk of a car after prying it open with a crowbar, assuming the suspect did not give permission, cannot be entered into evidence. If the defendant’s Fourth Amendment rights were violated, then the drugs cannot be used at trial and the charges typically are dismissed.
Drugs Belong to Someone Else
A common defense to any crime charge is to simply say you didn’t do it. The drug possession equivalent is to claim the drugs aren’t yours or that you had no idea they were in your apartment, for example. Houston Criminal Lawyer Charles Johnson will pressure prosecutors to prove that the joint found in the car actually belonged to his or her client and not one of the other three passengers.
Crime Lab Analysis
Just because it looks like cocaine or LSD doesn’t mean it necessarily is. The prosecution must prove that a seized substance is indeed the illicit drug it claims it is by sending the evidence to a crime lab for analysis. The crime lab analyst then must testify at trial in order for the prosecution to make its case.
Missing Drugs
Houston Drug Crimes Lawyer Charles Johnson will make sure prosecutors are able to produce the actual drugs for which their client is being charged. Similar to the need for crime lab analysis, prosecutors who lose or otherwise lack the actual drugs risk having their case dismissed. Seized drugs often get transferred several times before ending up in the evidence locker, so it should never be assumed that the evidence still exists during trial.
Drugs were Planted
This may be difficult to prove, since a police officer’s sworn testimony carries a lot of weight in the courtroom. Furthermore, other officers may be reluctant to blow the whistle on a fellow officer. But Attorney Johnson can file a motion that, if approved by the judge, requires the department to release the complaint file of the given officer. This file contains the names and contact of information of those who made the complaints, who can then be interviewed by Attorney Johnson or his private investigator.
Entrapment
While law enforcement officials are free to set up sting operations, entrapment occurs when officers or informants induce a suspect to commit a crime he or she otherwise may not have committed. If an informant pressures a suspect into passing drugs to a third party, for example, then this may be considered entrapment. As a rule of thumb, entrapment occurs where the state provides the drugs in question.
Do I Need a Lawyer?
If you are charged with any of these or another drug related crime you need to contact Houston Criminal Defense Lawyer Charles Johnson as soon as possible. The penalties for committing a drug crime can be quite severe, including actual prison time, sometimes for many years in larger high profile drug cases. A conviction for a drug-related offense could not only damage your personal and professional reputation, but could result in actual termination from employment or the suspension or revocation of your professional licenses. It’s not whether you will acquire a lawyer, rather, it’s who you will get to represent you at your most vulnerable time.
We 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.
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