Top Houston Criminal Lawyers
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Marijuana is considered the most commonly abused unlawful drug in the United States. Marijuana is a Schedule I substance under the Controlled Substances Act, classified as having a very high potential for abuse. Street names for marijuana include grass, pot, weed, Mary Jane, dope, indo, and hydro. Marijuana possession laws can certainly impose strict penalties under certain situations. If you or a loved one has been charged with a drug-related offense, it is important to get legal representation from an experienced criminal lawyer immediately. Houston Drug Crime Lawyer Charles Johnson will make prompt efforts on his clients’ behalf to steer law enforcement and prosecutors away from considering serious felony charges, or even any charges, in his client’s cases. Charles Johnson is available 24/7 to answer any questions you may have regarding your case.
Possession of marijuana (sometimes often called simple possession) is regarded as the most common drug crime within the United States. Considered a misdemeanor in a majority of states, marijuana possession penalties include fines, probation, and/or community service. Criminal possession of marijuana is the next level up in marijuana possession offenses and consists of possession of marijuana in a public place where it is either burning or in open public view in quantities in excess of two oz . but less 8 ounces. Criminal possession of marijuana is also a misdemeanor but the penalties increase along with the potential for prison time.
Technically, under federal drug law, the possession of marijuana, in any amount, is punishable by up to twelve months in jail along with a minimum fine of $1,000 for a first conviction. Further convictions and larger amounts lead to much stiffer penalties. Fairly few marijuana possession court cases give rise to a felony level crime. Marijuana distribution, however, is always a felony under federal law. The sale of under 50 kilos of marijuana (the smallest amount category) is punishable by five years in prison along with a $250,000 fine.
Marijuana is commonly consumed in its organic state, the plant itself utilized in various ways to produce a hallucinogenic effect on the user. Abuse and use of the cannabis plant as a means for getting high dates back to biblical times. The advent of laws criminalizing the use of the drug occurred sometime during the 20th century, with fights to legalize the use of marijuana argued ever since, its use among Native Americans in religious ceremonies and the utilization of the drug by cancer patients to alleviate nausea being the most frequent arguments used for its legalization, and a significant change in the marijuana possession laws.
Marijuana production’s principal source is Mexico. Virtually all foreign-produced marijuana available in the United States is smuggled into the country from Mexico over the Mexico border by criminal groups. Mexican criminal groups control most of wholesale marijuana distribution in the U.S., with Asian criminal groups which bring in the product over the Canadian border running a close second. The potency of Canadian marijuana being considered finer quality than the Mexican version has resulted in an increase in Asian control of marijuana production and distribution. According to the National Drug Threat Assessment 2007, high potency Canada-based smuggling, distribution and production groups are increasing, giving rise to large-scale cannabis cultivation in large outdoor sites by both Mexican and Asian groups. Additionally, in an effort to stay competitive in the higher potency marijuana distribution trade, Asian groups have started operating indoor grow sites in homes throughout the Pacific Northwest and California. The trend is to buy or lease a house, modify the house for the objective of producing two to four crops of cannabis and walking away from the property when the crops are harvested.
Challenges to current marijuana production and distribution laws are ongoing, with many states decriminalizing certain marijuana usage for particular medical ailments. Even so , in United States v. Oakland Cannabis Club, the United States Supreme Court ruled that marijuana doesn’t have medical value as determined by Congress. The court’s opinion stated that: “In the case of the Controlled Substances Act, the statue reflects a determination that marijuana doesn’t have any medical benefits worthy of an exception beyond the confines of government-approved research projects.”
In 2002, the United States Court of Appeals for the District of Columbia Circuit issued a ruling that upheld the Drug Enforcement Act’s determination that marijuana should remain a Schedule I controlled substance, the most restrictive schedule under the Controlled Substance Act. The marijuana debate and court battles will certainly continue to occasionally appear in the United States Court system for years to come.
Defenses for those guilty of breaking marijuana possession laws, and distribution of marijuana laws, usually revolve around the misuse of law enforcement power to search and seize property and assets. Unlawful search and seizure, illegal surveillance, and entrapment are the primary means of defending an arrest of marijuana possession or marijuana distribution.
Houston Marijuana Possession Defense Attorney: Hire the Most Respected Houston Drug Crime Lawyer: The Charles Johnson Law Firm
Texas courts consider marijuana possession charges seriously, and so should you. Multiple convictions of marijuana possession can result in felony charges. Consequently, you want to battle every charge you encounter , not just right away , but to defend your legal rights in the future as well. Considering that possession charges can certainly very easily result in growing and cultivation charges, you want an attorney who will lower virtually all potential damages.
The Top Houston Drug Crime Lawyer Charles Johnson will defend your liberties and fight for you against marijuana possession charges.
The severity of the charges you face is dependent on the quantity of marijuana. Should you are caught with less than two ounces, you will have to deal with minor misdemeanor charges, but the consequences go up steeply from there. Possession of two to four ounces is defined as a Class A Misdemeanor, and possession if over four ounces is recognized as a felony.
No one wants a drug arrest on their permanent record, so our first step is to have the criminal charges completely dismissed. If dismissal or an acquittal at trial is not possible, Houston Drug Crime Lawyer Charles Johnson is going to seek to reduce the criminal charges or diminish the penalties where possible.
For first-time offenders, Attorney Johnson will explore diversionary programs as well. By seeking proper drug treatment, you will likely be able to avoid jail time. He will help you explore virtually all potential alternative sentencing methods.
Juvenile Marijuana Possession
Marijuana has a distinctive odor, and so it is dangerous for minors to smoke it anywhere: in a vehicle, at home, or in a dorm room. Authorities can certainly smell it and a second infraction may lead to serious repercussions, including the loss of student loans. The Best Houston Lawyer will handle juvenile crimes involving marijuana possession as well as criminal court cases.
If you or a loved one have been charged with marijuana possession, you want an expert Houston Drug Crime Lawyer who is willing to stand up for your protection under the law right right now. Get in touch with Attorney Charles Johnson today for a no charge preliminary consultation.
Charles Johnson |
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The illegal sale or use of prescription drugs might bring about serious criminal charges. In the event you have been arrested for a forged prescription or the unlawful possession of a prescribed pharmaceutical, you will need the Best Houston Criminal Lawyer to protect your legal rights and fight on your behalf in court.
The Most Effective Houston Criminal Defense Attorney is going to be available at any sort of hour, 365 days /year to answer the questions you have and build your defense.
Any individual can be dependent on prescribed pharmaceuticals. Many individuals started out taking their drugs for health-related reasons, however became dependent. When their prescriptions ran out, they obtained the drugs by some other means. The Top Houston Criminal Lawyer understands the consequences of a criminal conviction for average, everyday men and women. They can certainly help you deal with any sort of of the following criminal charges:
- Prescription Forgery
- Sale of Prescription Drugs
- Prescription Fraud
- Illegal Possession of Prescription Drugs
The main goal in each individual prescribed pharmaceutical case is to prevent a jail sentence. The Best Houston Lawyer will help you explore alternative sentencing options, such as entering a drug treatment center. You could very well be in need of rehabilitation, not a jail sentence. Looking forward, they will help you get the assistance you need.
While the majority of prescribed drug cases involve painkillers, the Most Dedicated Houston Criminal Defense Lawyer will handle criminal charges involving an array of drugs, for an array of clients, including juveniles. If your case involves any of the following prescribed pharmaceuticals or others, they can certainly help:
Houston Prescribed Drug Possession/Sales Defense: The Most Dedicated Houston Criminal Defense Attorney
Trafficking in prescription medicine carries with it substantial prison sentences and hefty fines. Having five oxyCodone pills (4.26 grams) in your possession leads to mandatory sentence of 3 years minimum, with greater amounts ending up with sentences of up to Twenty five years. Some other prescription drugs that are prosecuted under the category of trafficking are Vicodin, opium, Valium, amphetamines and Ritalin. Labeling a person to be a drug trafficker because that person does not have a legitimate prescription for pain medication can destroy a person’s life. Frequently he or she is dependent on the drug, but wouldn’t be permitted to participate in a drug diversion program because he may be arrested for a first degree felony. If you or a family member has been charged with possession or trafficking of prescription drugs, or other prescription drug crimes, the Best Houston Attorney can prepare a strong defense for your case.
Prescription fraud is when forgery, misrepresentation or counterfeiting is used to illegally procure prescription drugs. This could be done for private use or to distribute or sell these drugs to other persons. Prescription fraud is typically accomplished by stealing, altering or creating fake/counterfeit blank prescription slips. Other crimes having to do with prescribed drugs are selling one’s own legal prescription or distributing it to other individuals and illegally manufacturing prescribed drugs.
Whether you have been arrested for prescription drug possession, sale, or fraud, you ought to take these charges as seriously as any sort of other drug arrest. Call the Best Houston Criminal Defense Attorney for a no cost preliminary consultation.
Charles Johnson |
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Depending on the seriousness of the crime(s), sentencing may involve 1 or a combination of punishments. Besides prison or jail time, alternative sentencing may incorporate a suspended sentence, probation, a fine, restitution, community service, or diversion. In most criminal instances, unless it truly is a capital case decided by a jury, the judge will determine the punishment by taking into consideration factors like the defendant’s age, the impact of the crime on the victims, along with the defendant’s level of remorse.
Types of Criminal Sentencing
A Texas judge can decree a sentence that’s determinate. A determinate sentence is a fixed-term regulated by state statute. A judge will establish the length of a sentence by applying sentencing guidelines, mandatory minimum sentencing, and applicable enhanced sentencing for a variety of crimes.
As an alternative to imprisonment, a judge can suspend a prison or jail sentence. This is generally employed in instances involving less serious crimes or for first-time offenders. A suspended sentence may be unconditional or conditional. An unconditional suspended sentence allows the judge to abstain from imposing the proscribed punishment. Nevertheless, the conviction is still a matter of public record.
If the suspended sentence is conditional, the judge can hold off from imposing the punishment for so long as the defendant fulfills the condition of the suspension. Typical conditions may incorporate not committing other crimes or enrolling in a substance abuse program. If a defendant violates the terms of a conditional suspension, the judge can impose the original punishment.
A judge may order probation instead of imposing jail or prison time. Probation will require the offender to follow specific conditions. Standard probation will compel the offender to regularly report to a probation officer, even though an additional, much more invasive type of probation could involve GPS monitoring or house detention. Although on probation, the offender should generally keep a job, not relocate to another state with out permission, undergo drug testing, and keep existing with obligated payments, for example fines or restitution.
An offender that violates any of the conditions could have probation revoked. A prosecutor can decide to file a complaint asking the judge to revoke probation. Upon the determination that the offender violated probation, the judge can impose the original jail or prison sentence, can reinstate probation, or can order far more severe conditions of probation.
As an option to incarceration, a judge might impose a fine. A fine is normally employed in instances involving less severe crimes or those involving first-time offenders. A judge may also impose a fine in conjunction with other varieties of punishments, such as incarceration and probation.
A judge, in conjunction with another type of punishment, might order the offender to pay the victim for the personal injury or the property damage sustained. Restitution is meant to restore the victim and to ensure that the offender is not unjustly enriched. Consequently, a court might order the offender to pay for expenses like medical bills and counseling.
As punishment, a judge can order an offender to perform unpaid community service work. This punishment is often utilised in misdemeanor cases as a way to ensure that the offender repays society for the crime. Community service may involve picking up garbage in a park, clearing brush, or giving lectures about the dangers of the criminal activity. The goals of community service are punishment, reparation, restitution, and rehabilitation.
Rather than impose incarceration in less severe offenses involving misdemeanors, a judge may possibly divert a case. This means that upon the defendant’s completion of a condition, like the completion a treatment or rehabilitation program, a judge may possibly drop the criminal charges. Commonly, these kinds of circumstances involve drug or alcohol abuse, child abuse, and domestic violence.
Houston Criminal Defense: The Charles Johnson Law Firm
If you are accused of violating the terms of your parole or probation or have questions regarding a potential probation offense, please call at anytime for a free initial consultation.
Charles Johnson |
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