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Cocaine Cowboys and Texas Law

Drug laws are constantly changing, but possession of certain drugs such as cocaine can still be a very serious offense. Across the country, there has been a movement to decriminalize small amounts of drug use. However, in certain states, even small possession of cocaine can result in a felony charge. According to the Drug War Facts website in 2016 about 1.9 million or 0.7% of people 12 and older were “current users of cocaine.” Also according to the site over 38 million people had admitted to using cocaine at least one time in their lives. With these numbers in mind, lawyers have been busy. In fact, Austin-based Attorney Jackson F. Gorski has helped thousands of people to avoid the worse of jail sentences and other penalties associated with cocaine related arrests. If you’re in trouble with the law, call his office at 512-960-4646.

Overview Of Cocaine Possession Laws In Texas

In the state of Texas possession of any amount of cocaine is considered a felony charge. The drug possession laws are outlined in the Texas Penal Code Health and Safety Section Title 6 Chapter 481. The Texas State law defines drug possession as “actual care, custody, control or management” of a controlled substance.

Texas splits it drug charges into two main categories being possession or sale. The penalties are harsher if someone is charged with the sale of a controlled substance as opposed to just having drugs on them. The penalties also get harsher with larger amounts of cocaine being involved. Depending on the amount, someone that gets arrested for cocaine possession can face a 3rd, 2nd, or 1st-degree felony and face excessive jail time and fines.

According to the National Drug Intelligence Center, in 2002 the state of Texas ranked number one in the nation for the amount of cocaine seized with over 17,000 kilograms of cocaine getting confiscated in the state. According to the NDIC website, most of these seizures are related to illegal drugs coming across the United States and Mexico border. In 2014 the state of Texas reported a total of 23,818 arrests statewide for opium or cocaine possession (https://www.dps.texas.gov/crimereports/14/citCh9.pdf). The Texas DPS does show through their statistics that the number of drug possession arrests has been decreasing in the last ten years.

Criminal Penalties For Cocaine Possession/Sale In Texas

As stated earlier the Texas state law gives worse penalties for cocaine possession based on whether the charge is for possession or sale and how much cocaine by weight is involved. If the possession amount is less than one gram the crime is considered a state jail felony and a person convicted can face up to 2 years in prison and a $10,000 fine. For amounts between 1 and 4 grams, a person can be charged with a 3rd-degree felony and be given 2 to 10 years in prison and a $10,000 fine. Between 4 and 200 grams, the crime is a 2nd-degree felony and can come with 2 to 20 years in prison and a $10,000 fine. If the cocaine possession amount is between 200 and 400 grams the crime will be a 1st-degree felony and the judge can sentence 5 to 99 years in prison and a $10,000 fine. If the amount possessed is greater than 400 grams than the person can be charged with an enhanced 1st-degree felony and face 10 to 99 years in prison and up to a $100,000 fine.

If a person is charged with the sale of cocaine of any amount larger than one gram, then they will receive harsher penalties than they would if they were charged with simple possession. If the sale is to a minor than the charge is automatically a 2nd-degree felony. If the sale takes place within a drug-free zone, penalties for the crime can be doubled.

In some cases, a person may be given probation instead of jail time or a combination of the two. When given probation the defendant must report to their probation officer, take drug tests, complete community service, etc. In many situations, drug abuse treatment may be a requirement to complete the probation program.

Potential Defenses And Your Rights

One of the most common defenses in drug possession cases is illegal search and seizure. The U.S. Constitution only allows police or government officials to search a person’s property in certain cases. Anything found during an illegal search cannot be used as evidence for the case. For a drug possession arrest to turn into a conviction the prosecution must prove that the police found the cocaine as a result of a legal search. In most cases, a police officer must have a search warrant or probable cause to search someone’s property.

Getting a drug possession case dismissed due to an illegal search may be tough but it is not impossible. The best thing to do is hire a lawyer for your case and they will be able to tell if you were legally searched or not. Having legal representation is sometimes the determining factor on whether a person is convicted or not, especially in cases of drug possession.

Cocaine Cowboys and Texas Law

Understanding the Felony Murder Rule

In Texas the felony murder rule applies in cases where a killing takes place while a person is in the process of committing another felony. In these circumstances the killing is considered to be murder. Felony murder charges may be applied regardless of whether it can be demonstrated that the accused person had intent to commit murder or not.

Felony murder charges are also applicable to all accomplices and can be applied in cases where an accused person had negligible participation or where the person was in flight from a crime. Essentially, if a crime is perpetrated, for example a drive-by shooting, all of those present and consciously taking in the crime, including the non-shooters can be prosecuted for murder.

A burglar whose gun discharges by accidentally, slaying a innocent bystander, can be similarly charged with felony murder. Prison sentences for felony murder can be in range of 5 to 99 years. However as Texas is a state with Capital Punishment a felony murder charge which is recognized as a Capital case, for example killing a police officer, could result in a sentence of execution.

Justification for the Felony Murder Rule

Understanding the Texas Law of Parties

The felony murder rule, also referred to as the law of parties, is justified on the grounds that a perpetrator, who carries out a felony, with intent must be held responsible for any consequences of that felony. If those consequences include causing a death, the intent to commit the felony is also assigned to the act that causes death. The person is held criminally responsible for all the actions.

Drunk Drivers & Felony Murder

In Texas there have been a number of cases where prosecutions against repeat drunk drivers were upgraded from manslaughter to felony murder charges. Normally, Driving While Intoxicated is considered a misdemeanor, however the third DWI conviction is escalated to a felony charge. Therefore a persistent drunk driver can be liable to face a felony murder charge and significantly more prison time.

The Role of a Criminal Lawyer

Murder is the gravest crime on the statute books in Texas. Anyone charged with taking another person’s life in Texas needs to understand fully what defenses are open to them and how to mount a credible defense such as that provide by the Law Office of Sandra J. Oballe. Any perpetrator who has been charged with felony murder or charged with a felony where a death has occurred should lose no time in consulting with a lawyer. The role of a criminal lawyer is to represent the best interest of the client at all times. A criminal lawyer may be able to work with the prosecution to ensure that felony murder rule does not apply in the circumstances and negotiate so that murder charges are not applied. The attorney will naturally be familiar with the Texas penal code and will be in a position to offer advice and if necessary to prepare and mount a defense in court.

Flynn Call Leakers ‘Broke The Law’

House Intelligence Committee Chairman Devin Nunes (R-CA) said Tuesday that those who leaked the contents of former National Security Adviser Michael Flynn’s phone calls “belong in jail.” “That’s nine leakers that all belong in jail,” Nunes said.

“Those nine people broke the law, clearly, by leaking classified information to anybody.”

Flynn resigned late Monday night, after a Washington Post report on Feb. 9 said he had privately discussed U.S. sanctions against Russia with a Russian ambassador during phone calls in December — despite assertions by Trump officials, including the vice president, that he had never done so.

READ MORE

Signs That a Person is Drunk

Drinking alcoholic beverages is an activity that millions of people all over the world enjoy in a social and controlled environment. There are others who drink with the purpose of getting drunk, instead of simply enjoying the slight buzz they get from having a few drinks among friends.

There are many ways to find out if a person is drunk. The first thing is that they will start to look sleepy. Then you will notice that they have trouble speaking with the same pace that they normally have and the following problem is that they will lose proper coordination of their bodies.

This is main reason that drunk driving, or DWI, is such a relentlessly pursued criminal offense in the state of Texas. A driver’s coordination falters due to impairment caused by alcohol, their ability to safely operate a motor vehicle is also compromised, and this costs lives when serious drunk driving accidents occur. If you’ve suffered an arrest for driving while intoxicated, you’ll need a Houston DWI Lawyer on your side.

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When A Person Is Accused of a Crime

When a person is arrested for a criminal offense in Houston two things happen: a fear of the potential repercussions of the consequences of the actions/allegations, and an immediate trip complete with all expenses paid transportation straight to jail. In the case of Houstonians were caught up in the vast net of law enforcement, this is more than likely going to be the Harris County jail in downtown Houston to be quickly followed up by an initial court date at the Harris County criminal court on Franklin Street.

When a Person is Arrested in Houston

Once a person is arrested, they are informed of a bond amount after which, if they’re smart, they’ll immediately use one of the phones in the jail to call family members and friends for the sole purpose of bonding out of the detention facility in which they are located.

The way the process works is a bond or they’ll bondsman is found who is willing to cover the amount of the bond, and the family usually have to pony up about 10% of the bond in order for the bill bondsman to agree to cover the bond which will result in the release of the defendant from jail.

Fighting Criminal Charges

It’s extremely important that the defendant bonds out of jail as that is the best way to avoid aggression from other inmates, saying something that may incriminate yourself during use of phones that are located in the jail, and it also gives the defendant an opportunity to continue living their life from the best position possible to fight the criminal charges.

If the defendant has an opportunity to bond out of jail, they should. It’s very important to be free in order to get a full grasp of the allegations made by law enforcement, enough time to give your attorney space to conduct their own investigation, and a chance to file criminal charges of harassment and civil rights violations any event that the situation applies to your current predicament.

Hiring an Attorney Who Can Help

If you live in Texas, it’s probably best to hire a top criminal defense attorney in Houston to represent you on your case as they are among the most experienced criminal case litigators in the state of Texas. We recommend Board Certified criminal-defense attorney Mark W. Bennett for persons who need an experienced criminal defense attorney on their side with a solid background.

When You’re Arrested for DWI in Houston

A number of good people find themselves in the awkward situation of being in the cross-hairs of the Houston Police Department’s DWI Task Force due to an alleged or suspected case of drunk driving, an offense commonly referred to as “DWI” which is short for “Driving While Intoxicated”.

Although simply being irresponsible on a rare occasion for short period of time can seem innocent and harmless, if it involves drunk driving and the police stop you for any reason it can mean incarceration and major trouble with the law.

Harris County, TX: A Haven for Drunk Drivers

Harris County, Texas, the jurisdiction where the City of Houston operates, is a haven for drunk driving no matter which part of the county or city that’s being targeted by law enforcement.

Houston, TX DWI attorneys are known to be among the top in the nation when it comes to defending persons accused of such offenses due to the shear amount of experience gained during the course of their practices.

In fact, the DWI epidemic has become so bad in Texas, that entire law firms have sprung up focusing entirely on DWI & DUI defense as a specialty form of law practice.

LEARN MORE: TEXAS DWI STATS

The Criminal Penalties for DWI

Criminal penalties for persons found guilty of drunk driving in Texas range from penalties reserved for misdemeanor offenders on up to serious DWI felonies in which a person is guilty of multiple DWI’s and/or guilty of killing someone as a result of drunk driving.

Very often, when we see traffic backed up on a major highway or a road, its because of an auto accident. Often times during these auto accidents it is found that the accident could have been avoided if alcoholic beverages were not consumed by the person found to be at fault for the incident.

Soft Penalty: The Suffering Families of the Dead

Far too often families are brought to tears due to the death of a loved one at the hands of a drunk driver in Houston. If you’re a person who enjoys consuming alcoholic beverages its important to know that there is nothing wrong with getting buzzed, but highly important that you not get drunk and drive. The last thing you need is to be arrested for a DWI in Houston, or worse, being involved in an auto accident in which loss of life occured.

Avoiding a DWI Arrest in Houston

There are a number of steps you can take to avoid any possibility of being in a situation where you may have to operate a motor vehicle while under the influence of alcoholic beverages or other intoxicating/controlled substances.

One of the most common methods for avoiding being arrested for DWI in Houston is to simply not drive your vehicle while you are drunk. Some people even travel by cabs and taxis when they know they’ll be out partying and lushing it up.

Just think of the number of people who rent party vans during major sporting events like Houston Texans games, and Houston area regional events like Mardi Gras in Galveston.

Then there are traditional methods of avoiding an arrest for DWI like assigning a designated driver. The best solution is not to drink and drive in the first place. However, too much of not drunk driving may be bad for the business & commerce related to DWI cases.

Finding a DWI Attorney in Houston

Houston DWI attorneys come “a dime a dozen” in Houston so its important to have a few standards in place in the event you or a someone close to you has been arrested for a DWI related criminal offense, has bonded out of jail, has an upcoming court date, and is looking for a attorney to help them deal with the situation.

One of the most important elements of your standards should be the amount of experienced the attorney has accumulated during the course of his or her career and the nature of that experience. After all, you don’t need an attorney who is experienced at losing in court.

Next, some consideration should be taken as to the organizations the attorney you’re considering belongs to. If you’re represented by a Texas Board Certified® criminal law attorney with scientific credentials who is a member of an organization dedicated to DUI/DWI defense then you might be barking up the right tree as far as finding qualified legal counsel is concerned.

I hope you’ve found this information helpful if you or a family member were criminally charged with DWI in Houston and are searching for an attorney.