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Posts Tagged ‘Charles Johnson Law Firm’

Best Houston Lawyer: What Are Some Effective Defenses For Drug Violations?

25 Sep

The Best Houston Lawyer 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 individual 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. 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 mistakes , frequently search and seizure infractions.
Finest Houston Criminal Defense Attorney

The following are a few defenses to drug possession criminal charges, a few 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 auto’s dash panel following a legal traffic stop, might be seized and utilized as evidence. Nevertheless illegal drugs discovered within the trunk of an automobile 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 Somebody Else

A typical defense to any sort 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 Best Houston Lawyer 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 Investigation

Simply because it appears to be crack or Ecstasy does not necessarily mean that it is. The prosecution needs to demonstrate 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 Johnson will make certain prosecutors have the ability to deliver 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 Recommended Houston Criminal Defense Attorney 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 police are free to put together 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. Generally, entrapment happens when the state offers the illegal drugs involved.

Do I Need An Attorney?

If you’re arrested for any type of of these or some other drug related criminal offense you should get in touch with The Leading Houston Criminal Attorney at the Charles Johnson Law Firm 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 experienced attorney, rather, it is who you’ll find to handle your case at your most susceptible time.

Do not let drug charges damage your future. The Houston Lawyer Charles Johnson 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 him 24/7 to schedule a free initial consultation.

 
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Posted in Drug Offenses

 

Best Houston Lawyer » Arrested for Conspiracy?

20 Sep

Recommended Houston Criminal Lawyers

Best Houston Lawyer: The Charles Johnson Law Firm

Criminal conspiracy cases are understood to be cases in which two or more individuals agree to commit a crime in order to perpetrate an illegal act.

The conclusion may be legal, but the designed means are illegal. For instance, two persons making a attempt to steal bread from a grocery store (illegal) to donate to a nearby food bank (legal) could be guilty of conspiracy. While intention is key in a federal conspiracy court case, only “general intent” to breach the law is necessary; proof of this defendants’ specific intent to breach the law is not required, just an agreement to engage in an unlawful act. U.S.C. Title 18, Chapter Nineteen forbids conspiracies to defraud the US, conspiracies in order to impede or injure a police officer, and conspiracies to commit brutal criminal offenses. Even so, conspiracy is certainly forbidden in several other federal laws. You should note that an actual criminal offense is not necessary to prosecute the conspiracy case – just the stated intent to break what the law states. This means that even if the ultimate criminal offense was not committed, the conspirators could be prosecuted under federal legislation. Having said that, most states possess laws that prevent conspiracy criminal charges to be pressed in the event that no actions were used to in fact carry out the conspiracy. This prevents people from essentially being charged for having thoughts of disobeying the law. Although this caveat does prevent a few conspiracy criminal cases from going to trial, it doesn’t reduce the seriousness of the conspiracy claim. Oftentimes, conspiracy to commit a crime like murder is undoubtedly a crime as severe as murder alone.

Conspiracy criminal offenses include conspiracy to take part in criminal activity like money laundering, conspiracy in order to violate federal laws, or even conspiracy to manufacture drugs or perhaps weapons. The federal maximum punishment for conspiracy is 5 years in prison; however, this can be compounded by other state as well as federal violations. Depending on the type of the conspiracy, it may be punished by different entities such as the FBI, Department of Justice, or state and local regulation agencies.

Conspiracy charges are incredibly serious and, in many cases, might result in a person facing exactly the same penalties for the underlying criminal offense itself – even if he/she didn’t actually carry out the criminal offense. Additionally, conspiracy might be charged as a federal crime, which might result in harsher penalties along with a more aggressive investigation as well as prosecution by federal law enforcement agencies.

Houston Conspiracy Defense Attorney: The Charles Johnson Law Firm

Houston Lawyer Charles Johnson may be able to assist if you have been accused of or faced with conspiracy. From his office in Houston, attorney Johnson handles cases throughout all the greater Texas area. His experience in State and Federal Court has given Lawyer Johnson the ability to provide aggressive and effective defense representation to his clients.

 
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Posted in Conspiracy