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Houston Criminal Lawyers » What Are Some Successful Defenses For Drug Violations?

The Top Houston Criminal Lawyers at the Charles Johnson Law Firm can decide which defenses might pertain to your case should you be arrested for possession of illegal drugs, either for private use or with intent to sell, in the event 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. Nevertheless drug possession defenses are rather standard across state lines. Several defenses challenge the stated information and facts, testimony or evidence within the case, whilst others focus on procedural mistakes, frequently search and seizure infractions.

Leading Houston Lawyer

The following are a few 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 before a charge. Search and seizure challenges are very typical in drug possession cases. Unlawful drugs discovered in “plain view,” including a vehicle’s dash panel following a legal traffic stop, might be seized and utilized as evidence. However illegal drugs discovered within the trunk of your 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 state that you did not do it. The drug possession equivalent would be to state that the illegal drugs are not yours or that you simply had no idea they had been inside your apartment, for instance. The Finest Houston Criminal Lawyers at the Charles Johnson Law Firm will compel prosecutors to demonstrate 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 Ectasy 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. However, The Charles Johnson Law Firm will 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 may then be interviewed by the lawyer or his private detective.

Entrapment

While police 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 sort of of these or some other drug related criminal offense you should get in touch with The Finest Houston Criminal Lawyers as soon as you possibly can. The consequences of carrying out a drug offense may be very serious, 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 actual 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 an attorney, rather, it is who you’ll find to handle your case at your most susceptible time.

Top Houston Criminal Lawyers: The Charles Johnson Law Firm

Do not let drug charges spoil your future. The Top Houston Criminal Lawyers will expertly defend drug charges in the courtroom. If you’re struggling with misdemeanor or felony drug possession charges after having a drug arrest in Texas, safeguard your legal rights and future. Contact the Charles Johnson Law Firm 24/7 to schedule a free initial consultation.

Houston Drug Crime Lawyer: Understanding Your Marijuana Possession Arrest

Most Qualified Houston Drug Crime Lawyer

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.

Houston Criminal Lawyers » The Charles Johnson Law Firm

The Best Houston Criminal Lawyers at the Charles Johnson Law Firm provide experienced, aggressive legal services in Houston, Texas. Attorney Charles Johnson specializes in Criminal Defense, focusing on:

Charles Johnson also does Appeals (Charles Johnson employs one of Texas’ best appeals and Habeas Corpus lawyers), Parole (Charles Johnson personally writes the parole package for, and personally represents all parole clients) and Probation (Don’t think you can’t do anything about probation revocations… WE CAN HELP) services for any criminal matter.

Houston Criminal Defense Attorney Charles Johnson knows your legal trouble may be weighing heavy on your mind and is a serious burden in your life, so while other Houston Lawyers can only talk to you on during the week on scheduled business hours, Charles Johnson is available 24/7/365We stand behind this policy, day or night, any day, any night, at any time, PERIOD.  When you need the best Houston Criminal Defense, Charles Johnson will be there.

If you, or a someone you care for are looking at being charged with a crime or are facing any kind of criminal investigation, you must have a warrior you can count on.  Charles Johnson understands, above all else, that his client is a human being with a life, a family and an entire future that are at stake.  We want for you to come to our offices in Downtown Houston, meet us in person, ask the tough questions and become comfortable with YOUR legal team. We will give you the utmost respect, treat your legal matter as our own and march to war for your your life, your family and your future.

Upon engaging Charles Johnson, you get Mr. Johnson’s personal cell number that you may call 24 hours a day, 7 days a week. Mr. Johnson can be reached RIGHT NOW! All you need to do is click the Gold Telephone button at the top of the page.

If you and Charles Johnson agree that he will represent you in your Criminal Defense matter, you will always be represented by Houston Defense Attorney – Charles Johnson. Your case will not be referred out, nor turned over to another firm. Charles Johnson is the Houston Lawyer you need. Charles Johnson personally represents every client in all cases. Houston Criminal Lawyer Charles Johnson does not shuffle clients from lawyer-to-lawyer or law firm-to- law firm. When you hire Charles Johnson, know that your lawyer is committed to being the best Houston Criminal Defense Attorney you can get, and the guarantee that you get the lawyer you paid for.

On a daily basis, Charles Johnson speaks to many citizens charged with a crime. When you first call our office, the staff member answering the phone will gather a minimal amount of information and then, if you request to speak with Charles Johnson immediately, you will be connected to Mr. Johnson –whether he is in the office or not- immediately: 24 hours a day, 7 days a week.

Charles Johnson practices in all State of Texas and all United States Federal Criminal Courts. Mr. Johnson also travels to Austin, San Antonio, Dallas, El Paso, Corpus Christi, and The Valley in Texas. These are the major population centers in Texas and Charles Johnson maintains offices in Austin, Dallas and San Antonio.  Please know however that Charles Johnson represents clients in every county, city, town and village in the Great State of Texas.  From The Panhandle to The Valley or The Juarez Border Crossing to The Golden Triangle, Charles Johnson’s clients receive excellence, intense professionalism and personal care in the their legal matters.

Call Charles Johnson - 713-222-7577, 24/7, and toll free, 24/7 - (877) 308-0100.  Call us.  You will speak with a live, human, caring person who knows what you’re going through, will connect you to Charles Johnson right away, and will be assisting Mr. Johnson in protecting your freedom. When only the best Houston Criminal Lawyer will do, call us.

Charles Johnson received his undergraduate education at The University of Texas at Austin, and his Doctor of Jurisprudence degree from The University of Houston Law Center. After earning a Bachelor’s degree, along with All-Southwest Conference and All-American honors in Football and Track and Field at The University of Texas, Mr. Johnson played in the National Football League with the Denver Broncos and New York Football Giants.  When Mr. Johnson chose to retire from football, he left his then-current contract with the Houston Oilers, who are now the Tennessee Titans. After retiring from football, Mr. Johnson continued to live in Houston and is now The Houston Lawyer.

Looking at the life and achievements of Charles Johnson will show you he is unique, special and always strives to be the very best.  He is a competitor and a winner. You can rest assured, Charles Johnson will bring a warrior’s spirit and commitment to winning to your defense. He WILL resolve the legal problem that has arisen in your life.

Charles Johnson’s Houston Criminal Defense philosophy: intense preparation, the best investigation, aggressive posture in presenting YOUR defense.

The Charles Johnson Law Firm – The Houston Criminal Lawyers – Solving Problems, Every Day.

We can be reached 24 hours a day, 7 days a week.
Call us at 713-222-7577 or toll free at 877-308-0100.
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