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Houston Lawyer Blog
Tag Archive for houston lawyer
In many countries, the government can take citizens and imprison them for months or even years without charging them for a criminal offense. Incarcerated individuals do not have any legal means by which they can protest or even challenge the incarceration. The framers of the U. S. Constitution needed to prohibit this sort of occurrence in the new United States Of America. As a result, they incorporated a clause within the Constitution that allows courts of law to issue Writs Of Habeas Corpus.
What is “habeas corpus?”
Habeas Corpus is Latin for “You have the body.” Precisely what does that have to do with me and you? In human rights terms, “You have the body” is shorthand for “You have a prisoner in your custody. Produce him, and clarify your reason for retaining him. If the explanation is valid, we will begin a court trial to discover whether or not he is guilty or innocent, to ensure that, in either case, he is able to get on with his or her life.”
Habeas corpus is regarded as the most fundamental insurance of individual freedom we have as United State citizens. Without it, police officers could possibly handcuff you on the street, put you in jail, and then leave you there for days, weeks, months, or perhaps years without charging you with a criminal offense. That is the type of account that Hollywood creates movies about – films that occur in scary foreign countries around the world where things like that may happen to naive Americans.
Where did habeas corpus originate?
In England in the late 1600s, King Charles II had been abusing and incarcerating Catholics without legal cause. The public spoke out against these injustices, and Parliament answered them by adopting the Habeas Corpus Act of 1679, to increase the liberty of the King’s subjects. Knowing a great thing when they saw it, the framers of the U.S. Constitution wrote habeas corpus into Article 1, Section 9. It is the only civil right mentioned directly within the Constitution. All others had been added as amendments in the Bill of Rights.
Does habeas corpus increase our liberty?
It really is our liberty. Without it, Americans would live our lives in the constant fear of being unjustly imprisoned. Each of the laws that safeguard Americans once we have been charged with a criminal offense — the right to legal counsel, the right to a fair trial, and so on — would be moot if habeas corpus didn’t exist.
The U.S. Constitution states a couple of exceptions under which habeas corpus might be revoked. The first is “cases of rebellion,” which was used for a time during the Civil War. The other is “invasion during which public safety may require it.”
What is the process for filing a Writ of Habeas Corpus?
Defendants who are thinking about challenging the legal basis of their incarceration or the conditions in which they are being incarcerated may seek respite from a court by filing an application for a “writ of habeas corpus.” The writ of habeas corpus is known as a court order to a person or agency holding a person in custody to deliver the incarcerated person to the court issuing the order. Many states recognize writs of habeas corpus, as does the United States Constitution. The United States Constitution specifically forbids the federal government from suspending proceedings for writs of habeas corpus except under extraordinary circumstances, such as in times of war.
Convicted defendants have numerous methods of challenging guilty decisions and/or for seeking out remedy for violations of constitutional rights, including motions, appeals, and writs. Remember that convicted defendants must initially have sought relief from the available state courts before they may be allowed to seek relief in federal courts. Therefore, defendants need to consult an attorney to find out which remedies are available to them. The Charles Johnson Law Firm has on staff Texas’ most prolific appellate and Habeas Corpus attorney who can efficiently guide you through this legal process.
Houston Habeas Corpus Lawyer: The Charles Johnson Law Firm
Struggling with the appeals process is challenging and time consuming. An experienced attorney from the Charles Johnson Law Firm in Houston, Texas can help you plan your next move. Contact the Most Dedicated Houston Lawyer today for a free initial consultation.
Consult the Finest Houston Lawyer at the Charles Johnson Law Firm as soon as possible if you or a loved one has been arrested or charged with a criminal offense. Getting legal guidance is essential to make certain that a defendant’s legal rights are safeguarded.
Certain constitutional protections apply to an individual arrested for a criminal offense. Additionally, there are certain procedures that are generally identical from jurisdiction to jurisdiction. Here is a concise explanation of what occurs when an individual has been arrested for a criminal offense.
A person could very well be charged with a criminal offense before they are arrested. If this transpires, a judge is going to issue a warrant for the individual’s arrest. A law enforcement officer will try to find the individual who is the subject of the warrant. If the individual is found by the authorities and arrested, police officers must give the individual a copy of the warrant that declares the charge for which they are being arrested. The authorities do not necessarily have to have a copy of the warrant with them at the time of the arrest, however they must provide a copy to the arrested individual within a reasonable amount of time afterward.
After an individual is arrested, they will be “booked” at the police department. This involves taking fingerprints and completing other procedural requirements. The individual will then be held in police custody pending a court hearing. This hearing will generally take place within 48 hours.
When an individual is taken into police custody, they have the right to contact a lawyer. The individual will likely be permitted to get in touch with a criminal defense attorney. The individual should have at least a brief opportunity to meet with their criminal defense lawyer prior to their preliminary court hearing.
At the court hearing, the judge will read the criminal charges against the individual, who is designated the defendant. If the individual was arrested without an arrest warrant, this will likely be the first time they are told the criminal charges against them. The judge will attempt to ensure that the defendant comprehends the criminal charges. The judge will then ask the defendant to enter a plea. A defendant can enter a plea of “not guilty”, of “no contest”, or of “guilty”.
Even if the defendant is guilty, they are able to enter a plea of not guilty, should they think there is not enough evidence to establish their guilt. In any case, a plea of not guilty may result in a trial where the federal government will be required to establish, beyond a reasonable doubt, that the defendant is guilty of the criminal offense for which they are being charged.
A jury will need to decide, dependent on the evidence introduced by both sides, whether or not the defendant is to be found guilty or not guilty. In many cases, a defendant may possibly waive their priviledge to a jury trial, and the judge will determine if they are guilty or not guilty primarily based on the evidence which is offered. The defendant should speak with their criminal defense lawyer about whether or not they should waive their priviledge to a jury trial.
If the result of the trial is that the defendant is found not guilty of the violations charged, they can be released from police custody. If the result of the trial is that the defendant is found guilty or if there isn’t a trial due to the fact that the defendant entered a plea of no contest or of guilty, then there will be a sentencing hearing.
There will be evaluations of the defendant that are performed prior to the sentencing hearing. By way of example, if the criminal offense is DWI, the defendant may be evaluated to determine if they have a substance abuse issue. The court will also prepare a pre-sentencing report, which is basically an investigation into the previous criminal history of the defendant. This knowledge helps the judge determine an appropriate sentence.
At the sentencing hearing, there will be an opportunity for individuals to speak with the court about what factors they feel the court should take into account in determining a sentence. These individuals can include the victim of the criminal offense, the victim’s family, the defendant, the defendant’s family, and any other interested party.
The judge will take into consideration all of the evidence shown and any sentencing requirements. The judge will then enter a sentence for the defendant. If the criminal offense was fairly minor, and the defendant has been in custody throughout the entire court process, some may have already served the jail time that has been imposed by the judge. If the criminal offense is more severe, the defendant could possibly face substantially more prison time. Furthermore, a criminal sentence may involve more than serving time in jail. The defendant may be ordered to pay fines, to provide restitution to the victim, to undergo treatment for substance abuse or mental problems, to perform community service, or many other things.
Any person who is arrested for a criminal offense should hire an experienced Houston Lawyer with practical experience in criminal defense to represent them. This is the most effective way to make certain that their legal rights are defended, and that they obtain the finest possible outcome.
If you or someone you love has been arrested, you probably aren’t sure where to turn or what to do next. A positive first step is to contact the Charles Johnson Law Firm as soon as possible, 24 hours/day. Houston Lawyer Charles Johnson will guide you through the complicated maze of the justice system and help you to remain calm during this stressful time.
Charles Johnson |
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| Tags: concise explanation, constitutional protections, contest, court, criminal charges, criminal defense attorney, criminal defense lawyer, criminal offense, evidence, houston lawyer, individual, jurisdiction, Lawyer, legal guidance, police custody, priviledge, procedural requirements, result, sentence, warrant 
If you’re arrested for possession of illegal drugs, whether for private use or with the intention of selling, The Houston Lawyer Charles Johnson will expertly ascertain which defenses may apply for your case should you plead not guilty. Various states deal with the issue of unlawful drugs in various ways, while the federal government has a tendency to have the most stringent drug sentencing regulations. However drug possession defenses are rather standard across state lines. Several defenses challenge the stated basic facts, testimony or evidence within the case, whilst others focus on procedural problems , frequently search and seizure infractions.
The following are several defenses to drug possession criminal charges, several much more typical than others:
Illegal Search and Seizure
The 4th Amendment of the United States Constitution guarantees the privilege to due process of law, such as legal search and seizure methods leading up to a charge. Search and seizure challenges are very typical in drug possession cases. Illegal drugs discovered in “plain view,” including a auto’s dash panel following a legal traffic stop, might be seized and utilized as evidence. Nevertheless illegal drugs discovered within the trunk of a vehicle after prying it open with a crowbar, presuming the suspect didn’t provide authorization, can’t be put into evidence. In the event the accused’s 4th Amendment rights had been breached, then the illegal drugs can’t be utilized at trial and the criminal charges usually are dismissed.
Illegal Drugs Belong to Another Individual
A typical defense to any type of criminal offense arrest would be to merely proclaim that you did not do it. The drug possession equivalent would be to assert that the illegal drugs are not yours or that you simply had no idea they had been inside your apartment, for instance. The Finest Lawyers In Houston at the Charles Johnson Law Firm will compel prosecutors to establish that the marijuana cigarette discovered within the automobile really belonged to their client rather than another individual within the automobile.
Crime Lab Assessment
Merely because it appears to be crack or Heroin does not necessarily mean that it is. The prosecution needs to establish that a seized material is actually the illegal drug it claims it is by submitting the evidence for crime lab analysis. The crime lab analyst then needs to testify at trial in order for the prosecution to prove its case.
Missing Illegal Drugs
Attorney Charles Johnson will make certain prosecutors have the ability to provide the actual illegal drugs for which their client has been arrested. Comparable to the requirement for analysis by a crime lab, prosecutors who misplace or otherwise don’t have the actual drugs risk getting their case dismissed. Seized drugs frequently are transferred a number of times prior to ending up within the evidence locker, therefore it should by no means be presumed that the evidence continues to exists throughout the trial.
Illegal Drugs Had Been Planted
This might be challenging to establish, because a law enforcement officer’s sworn testimony carries a great deal of weight within the courtroom. Moreover, other police officers might hesitate to blow the whistle on a fellow police officer. Nevertheless, Attorney Johnson might file a motion that, if authorized by the judge, demands the department to produce the complaint file of the given police officer. This file references the names and contact details of those that produced the complaints, who might then be interviewed by the lawyer or his private detective.
Entrapment
While authorities are free to operate sting operations, entrapment happens when police officers or informants cause a suspect to commit a criminal offense this individual otherwise might not have committed. If the informant pressures a suspect into giving illegal drugs to a 3rd party, for instance, then this might be regarded as entrapment. Usually, entrapment happens when the state offers the illegal drugs involved.
Do I Need A Criminal Lawyer?
If you’re arrested for any type of of these or some other drug related criminal offense, get in touch with The Leading Houston Criminal Defense Lawyer at the Charles Johnson Law Firm as soon as you possibly can. The consequences of carrying out a drug offense may be very harsh, such as actual jail time, in some cases for several years in significant high profile drug cases. Being found guilty for a drug-related crime could not just harm your personal and professional stature, but may lead to termination from a good job or even the suspension or revocation of one’s professional licenses. It is not whether or not you’ll acquire a criminal defense attorney, rather, it is who you’ll find to handle your case at your most susceptible time.
Do not let drug charges destroy your future. Attorney Charles Johnson will expertly defend drug charges in the courtroom. If you’re struggling with misdemeanor or felony drug possession charges for a drug arrest in Texas, safeguard your legal rights and future. Contact the Finest Attorney in Houston now for a free initial consultation. He will talk to you about your case anytime, day or night.
Charles Johnson |
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| Tags: 4th amendment rights, Amendment, analysis, automobile, client, crime, dash panel, drug possession, due process of law, evidence, houston lawyer, Illegal, illegal drugs, illegal search and seizure, procedural problems, search and seizure, state, testimony, type, united states constitution
Whether you are currently under investigation for a drug crime involving Methamphetamine or have already been arrested, it’s important to retain criminal defense representation from a skilled Houston Lawyer. Texas has some of the most stringent illegal drug laws in the country, and the police and prosecutors involved with your criminal case aren’t going to let you off easy. By working with an attorney who has considerable knowledge, expertise, and practice of this type of criminal law, your odds of resolving your case effectively increase greatly. Houston Lawyer Charles Johnson will be by your side during this difficult time in your life.
Methamphetamine is the illegal drug with the fastest growing rate of abuse in the United States. More U.S. counties (48%) report that meth may be the principal drug problem in the country – more than cocaine (22%), marijuana (22%) and heroin (3%) put together. Meth laboratory seizures have increased 577 percent nationwide since 1995. Methamphetamine, also known as “speed,” “crank,” “chalk,” or “ice” among many others, has been hooking people for years. But illegal production and use of the hugely addictive stimulant have exploded in the last few years, spawning what some authorities call America’s first rural drug epidemic. Methamphetamine is a strong stimulant that can cause a high that lasts from six to Twenty four hours. Once favored mainly by West Coast bike gangs, methamphetamine is now spreading across the nation. As outlined by US government surveys, treatment for meth addiction has more than quadrupled since 1993. Greater than 12 million men and women above the age of 12 have experimented with methamphetamine, including one out of 10 adolescents (according to the US Centers for Disease Control and Prevention).
What exactly is Methamphetamine?
Methamphetamine is an extremely addictive stimulant that directly has an effect on the pleasure centers within the brain. With repeated use of meth, it turns off the brain’s capacity to produce dopamine which simply leaves the users of methamphetamine incapable of enjoying anything but more methamphetamine. Methamphetamine is usually smoked, injected intravenously, snorted, or perhaps ingested orally. The drug alters mood in different ways, dependent on how it is utilized.
Meth is known to raise the user’s heart rate, blood pressure, temperature, and respiratory rate, a reduction in appetite, sleep, reaction time, and lung function. Extended use of meth can result in a number of conditions for example “meth mouth”, depression, amphetamine psychosis, obsessive scratching, anorexia, unfavorable social behavior, every type of child neglect, neglect of hygiene and property, prenatal exposure, dangerous sexual tendencies associated with the spread of HIV and also STD’s, aggressive behavior, criminal actions, and death from the collapse of the cardiovascular system and/or bleeding in the brain, cardiac arrest or hypothermia. Moreover, there are many side affects related to overdose which include death, brain damage, feelings of flesh crawling bugs connected with compulsive picking and infecting lesions, muscle breakdown producing kidney failure, hallucinations, delusions, along with paranoia. These terrible conditions linked to meth don’t even include the many accidents and deaths that could occur during the cooking process due to fires, explosions, and getting into contact with extremely dangerous chemical substances typically while the user is under the influence.
Forms of Methamphetamine
Meth is known as a central nervous system stimulant with a significant potential for abuse and dependency. A synthetic illegal drug, Methamphetamine is closely related chemically to amphetamine, yet creates increased effects on the central nervous system. The drug’s euphoric effects are comparable to, but longer lasting than those from cocaine. It typically comes in three forms:
Powder: a white, odorless, and bitter-tasting crystalline powder, readily soluble in water or alcohol.
Crystal: Users will smoke chunks of a very pure form of crystalline Methamphetamine called “Ice”.
Rock: Big chunks of the drug, typically found in yellow, are usually ingested orally.
Signs and symptoms of Methamphetamine Addiction
Users can become hooked the first time they take meth, and the addiction is probably the most challenging to treat. People who take methamphetamine may become aggressive and paranoid, and the drug may cause heart attacks and death.
Addicts are typically chronic methamphetamine abusers completely preoccupied with avoiding the “crash”, a period of low energy and deep depression occurring after the individual stops using the drug. Throughout the crash, an individual often sleeps, even up to several days at a time, leaving kids unsupervised.
Methamphetamine dependency is quick, and so is the deterioration within the individual’s family and way of life. Drug tolerance to methamphetamine builds up quickly, and the user typically continues his impairment from abusing other drugs or alcohol, an activity referred to as “tweaking”, to ease the extremely unpleasant feeling after a binge. The tweaker is frequently paranoid and experiences a period of delusions and hallucinations during which violent reactions to otherwise harmless stimuli are routine. Frequently, it is children that happen to be in the way.
The horror of meth abuse just cannot be overstated.
Methamphetamine abuse consumes the quality of life and destroys individuals. In the series of photographs below, the female depicted was 38 years of age when she died. Incredibly, she is actually still living in the last photograph. Each photograph represents about Eleven months.
History of Methamphetamine
Methamphetamine was first produced in Germany in 1887, but not for the recreational use that we find nowadays. It was produced to deal with various types of depression, weight control (obesity), narcolepsy, and alcoholism. In the Second World War, Methamphetamine was widely used by Nazi soldiers. Hitler’s troops, aviators, and tank crews received chocolate laced with Meth frequently. Following the war, through the 1970′s, the drug was commonly used primarily for medicinal reasons and one could acquire a legal prescription of Methamphetamine. It was not until the 1980′s that we started to see Meth being produced for recreational uses. By the mid- 1980′s we started to notice meth being manufactured illicitly in Texas, and since then, the illicit manufacturing of meth has spread like wildfire.
Challenges for Law Enforcement
The addictive character of meth generates numerous difficulties for law enforcement. People commonly become addicted from a single use of the drug and discover it almost impossible to later cease using meth. Users, dealers and traffickers often target adolescents to start using meth. The DEA has found evidence of this from the increase in availability of flavored methamphetamine. Flavors including strawberry or “strawberry quick,” cola, and chocolate flavored meth have been found by bodies in California, Nevada, Washington, Idaho, Texas, New Mexico, Missouri, and Minnesota.
Safety factors are also a huge obstacle for law enforcement if they happen to find a covert methamphetamine lab. It is a common practice for small meth lab operators to encircle their laboratories with booby traps, meant to seriously harm trespassers. Many of these booby traps include rigged shot firearms behind doors and refrigerators, traps that release harmful fumes, and even poisonous snakes.
Individuals who violate the law by manufacturing, possessing, or distributing methamphetamine frequently break the law in other ways also – because of or in support of their meth addiction. Many law enforcement agencies will point to the connection between meth manufacturers and meth addicts and criminal acts including: homicide, domestic assault, illegal possession of weapons, theft and identity fraud.
Methamphetamine Defense: Hire the Top Houston Lawyer
Whatever illegal drug charges you are defending, it’s of the utmost necessity that you retain the services of The Top Houston Criminal Defense Lawyer who will battle to avoid the severe penalties that are the consequence of drug-related conviction. Even if it’s your initial criminal offense, you could have to deal with a mandatory jail sentence, as well as considerable fines and a felony on your record.
The attorney you hire to defend you can easily make a big difference in whether you win your court case and steer clear of a life-altering conviction. Nonetheless, in a city like Houston, TX, finding the right Houston Lawyer can be challenging. When looking for a Houston drug defense lawyer to handle your court case, you ought to locate a lawyer who’s experienced, but who can also come up with innovative defense tactics for battling your criminal charges. Ultimately, many lawyers are familiar with what the law states, but Lawyer Johnson is skilled at utilizing his understanding of the law to come up with unquestionably inventive and effective ways to defend his clients against their criminal charges.
If you or a loved one has been arrested for an offense associated with Methamphetamine possession, manufacturing or distribution in Houston, obtain the support of Houston Lawyer Charles Johnson as soon as possible.
Charles Johnson |
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| Tags: big-rock-of-meth, criminal defense representation, disease control and prevention, drug crime, drug epidemic, government surveys, houston lawyer, illegal drug laws, illegal production, methamphetamine-form, pleasure centers, twenty four hours
Felony charges for drug distribution or possession are the most typical felonies in criminal law.
If you have been arrested for possession or distribution of illegal drugs, Houston Lawyer Charles Johnson can help you in your effort to clear your record. The federal court structure is well known for the extremely tough penalties for illegal drug cases. Most of these cases are prosecuted as conspiracies and, given that penalties are calculated with the Federal Sentencing Guidelines, low-level dealers may have their sentences increased significantly according to the quantity of illegal drugs having been dealt by their supposed associates. The federal structure is very different in comparison to the state court structure within these criminal matters. These cases will need a legal professional who’s skilled and experienced with the various trial rules and sentencing guidelines. This expertise provides him a significant edge over those attorneys who don’t work on a frequent basis within federal court. Houston Lawyer Charles Johnson has effectively represented numerous customers facing cocaine distribution charges in both the State and Federal courts, and he is able to do the same for you.
Cocaine Distribution in the Houston Area
Houston, Texas is among the most significant illegal drug distribution center within the U. S. It’s a distribution center utilized by many drug traffickers to provide unlawful drugs to main market locations all through the United States as well as to supply dealers located within the Houston HIDTA (High Intensity Drug Trafficking Area) area. Cocaine, Crack, marijuana and, to a lesser extent, heroin, methamphetamine, and MDMA (3,4-Methylenedioxymethamphetamine, also recognized as Ecstacy) are shipped from Houston to main market locations including New York, Los Angeles, Chicago, Atlanta, Dallas, Denver, Detroit, Kansas City, St. Louis, and Philadelphia. As soon as illegal drug shipments are delivered to Houston, they’re frequently stored at nearby stash locations awaiting additional distribution to illegal drug markets. Illegal drug trafficking operations are very susceptible at these stash locations; seizures of unlawful drugs from places where substantial amounts are stashed usually lead to a significantly larger loss for DTOs (Drug Trafficking Organizations).
Houston’s well-developed freeway system, organized financial structure, racial and ethnic diversity, and significant level of worldwide trade contribute towards the area’s role as a main shipment point for unlawful drugs meant for American drug markets and illegal drug profits headed for Mexico. The substantial quantity of drug-related investigations linked with the city demonstrates Houston’s role as an integral national drug distribution and cash laundering center.
Drug Trafficking Organizations, Criminal Groups, and Gangs Defined
Drug trafficking organizations (DTOs) are intricate organizations with exceptionally defined command-and-control structures that transport, distribute, and/or produce substantial volumes of one or more unlawful drugs.
Criminal groups operating within the U. S. are plentiful and consist of limited to moderately sized, loosely knit organizations that disperse one or more illegal drugs at the retail level and midlevel.
Gangs are defined by the National Alliance of Gang Investigators’ Associations as groups or associations of three or more persons with a common identifying sign, symbol, or name, whose members on their own or jointly practice criminal activity that produces an atmosphere of fearfulness and intimidation.
Mexican DTOs are probably the most pervasive organizational menace towards the Houston region. The proximity of their operations to the U.S.- Mexico border along with their access to main drug market locations all through the U.S. have allowed Mexican DTOs to emerge as the most important traffickers within the region, in most locations along the U.S.- Mexico border, and in numerous locations of the United States.
Outlaw Motorcycle Gangs (OMGs), Street gangs, and Prison gangs disperse unlawful drugs at both the retail and wholesale levels within the Houston region. Virtually all gangs within the region use illegal drug trafficking as their primary revenue stream. Even though most gangs distribute drugs on the retail level, a few have developed partnerships with Mexican DTOs that permit them to acquire wholesale quantities of illegal drugs straight from Mexico. These gangs are most prevalent in urban locations, which include Houston, Corpus Christi, and Beaumont, where violence related to their drug and gang related behaviors is often a significant menace to community and law enforcement protection.
As a direct result Hurricane Katrina, interactions among New Orleans and Houston illegal drug traffickers are reportedly growing. Roughly 150,000 Katrina evacuees relocated in the Houston region due to the hurricane. Several of these evacuees had been illegal drug traffickers from high-crime locations of New Orleans and, upon relocating to Houston, developed associations with illegal drug dealers and gang members. Several of these traffickers then returned home to New Orleans, and the connections which they established with these Houston-based drug dealers and gang members have provided them the potential to acquire substantial quantities of illegal drugs straight from associations in Houston.
The distribution and use of unlawful drugs within the Houston region places considerable societal and economic burdens on communities and local, state, and federal agencies. Cocaine in the form of Crack stands out as the principal illegal drug of abuse for numerous drug abusers in metropolitan locations of Houston; this drug has experienced a significant influence on the degree of violent and property criminal activity taking place in a number of communities. Nevertheless, the quantity of marijuana, cocaine, and methamphetamine seized within the region has lessened in recent years. This reduction may be credited, to some extent, to a rise in seizures made prior to the drugs being smuggled across the Southwest Border, increased seizures in South Texas counties that border Mexico, and traffickers’ utilization of alternate routes to smuggle illegal drugs across the Southwest Border.
Cocaine Distribution Defense: Hire the Leading Houston Criminal Lawyer
In Texas, charges for Cocaine distribution are 1st degree crimes, and bring the toughest penalties. Possession of the illegal drug or possession with the intent to distribute the drug, is usually a 2nd degree crime, and can result in substantial penalties, probation and/or imprisonment. Drug distribution is an extremely serious offense. Having said that, as with any drug crime, drug distribution should be placed into the correct context to be able to make certain that charges aren’t excessive. What might seem to be drug distribution might in fact not be, and a competent attorney will see to it that you are furnished a powerful defense all through your criminal arrest.
The quantity of drugs within your possession, just how the drugs are prepared, which drugs are discovered to be on your person, and how many different kinds of drugs you have are typical elements which will be considered throughout a drug distribution case. For example, if many different packaged drugs are discovered within your possession, then it might be assumed that you, similar to a shop, possess a large number of new items prepared to sell. Also, your previous criminal background will play a factor, along with the place that you had been arrested. Getting busted in an area recognized to be visited by drug dealers, for instance, won’t assist your case.
If a person is discovered to be in possession of unlawful drugs, doesn’t seem to be using the illegal drugs himself, and is also acting in a manner that’s suggestive of drug distribution, then police might place that person under arrest on suspicion of drug distribution. Even though other drug charges including possession for sale require that some kind of monetary transaction take place, drug distribution only demands that unlawful drugs are transferred from a single individual to another person. Consequently, protection against these charges may be complex, particularly within the state of Texas. Due to the complexities of Texas law, the most effective plan of action taken by a person charged with drug distribution is retaining the expertise of an seasoned Houston Criminal Defense Lawyer .
Attorney Johnson will analyze the circumstances surrounding your case, and will develop the most powerful defense possible considering the situation. If you need skilled legal assistance now, please do not hesitate to get in touch with the Charles Johnson Law Firm Twenty-four Hours A Day, 365 Days /year to talk about the specifics of your case.
Charles Johnson |
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| Tags: Area, cocaine distribution, court, court structure, detroit kansas, drug distribution center, drug traffickers, DTOs, Federal, federal sentencing guidelines, felony charges, Gang, high intensity drug trafficking area, houston lawyer, hurricane, intensity drug, Lawyer, Organizations, region, state
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
Houston Lawyer Charles Johnson offers Post-Conviction Relief (he has on staff Texas’ most prolific appellate and Habeas Corpus attorney), Parole (Attorney Johnson has personally developed a unique, detailed and successful parole package program) and Probation services including Motions to Revoke/Adjudicate and Terminations for any criminal matter.
Regarding Probation:
Instead of sentencing a defendant to a jail term, a judge may perhaps choose to sentence a defendant to probation. Probation releases a defendant back into the community, however the defendant does not have the same amount of freedom as a normal citizen. Probation comes with conditions that restrict a probationer’s behavior, and if the probationer violates one of those conditions, the court could possibly revoke or modify the probation.
Courts commonly grant probation for first-time or low-risk offenders. Statutes determine when probation is practical, but it is up to the sentencing judge to determine whether or not to actually allow probation.
Houston Criminal Defense: Hire the Recommended Houston Lawyer » The Charles Johnson Law Firm
Although sentencing judges have this latitude, they will have to still remain within the statutory limits when granting probation. By way of example, a judge cannot impose probation for a period longer than the maximum sentence prescribed by statute.
Probation has 3 primary objectives:
- To rehabilitate the defendant
- To safeguard society from further criminal conduct by the defendant
- To protect the legal rights of the victims
Once a judge has granted probation, the matter moves into the jurisdiction of probation officers, who monitor the probationer’s compliance with the terms of the probation.
Probation Conditions
Conditions are an inherent part of probation. Judges set conditions in order to meet the goals for probation stated above. A probationer should comply with these conditions or else the court could possibly impose a prison sentence or add more restrictive conditions to their probation.
Courts often have a good deal of discretion when setting probation conditions, nevertheless that doesn’t mean that judges may set whatever terms they desire. Probation conditions must be reasonable. This means that the conditions can’t be vindictive, vague, overbroad or arbitrary. In addition, the conditions must be related to the protection of the public. Also, any time a judge wishes to impose special conditions, those conditions must relate to the nature of the transgression that the probationer committed.
Judges set the conditions, however probation officers enforce them. If a probation officer finds probable cause to believe that the probationer has violated the terms of the probation, the judge could very well either change the terms of the probation or revoke the probation and impose a jail sentence.
Probation Revocation
Because the probationer’s freedom is at stake, however, the probationer must receive some procedural due process before a court revokes their probation. Although the decision to revoke probation, just like the judgment to grant probation, is at the court’s discretion, the court needs to go through a number of procedural requirements prior to revoking probation. The probationer fighting revocation doesn’t have as many rights during revocation proceedings as they do during the original criminal trial, however.
In order to revoke probation, a court has to provide the probationer with notice of the proposed revocation and conduct a hearing on the matter. The probationer has a right to testify at the hearing, present supporting witnesses, and confront the witnesses against them. The probationer also has a right to a neutral hearing body, and must receive a written statement containing the reasons for revoking probation.
If there is sufficient evidence, a violation of even a single condition might result in revocation of probation. The violated condition must be valid, however. If the condition is afterwards found to be unreasonable then violation of that condition will not constitute grounds for revocation.
Houston Probation Issues: Hire the Top Houston Lawyer Charles Johnson
If you are accused of violating the terms of your parole or probation or have questions regarding a potential probation criminal offense, please call Houston Criminal Defense Lawyer Charles Johnson 24/7 for a no charge preliminary consultation.
Charles Johnson |
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| Tags: Conditions, court, Criminal, criminal matter, discretion, doesn, freedom, Hire, houston lawyer, maximum sentence, post conviction relief, probation, probation officers, probation services, probationer, risk offenders, sentence, staff, staff texas, statutory limits
Hire the Leading Houston Attorney!
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
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 |
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| 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
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