It is no secret that the state of Texas takes drug offenses very seriously. This is especially the case when there is reason to believe that an alleged drug offender had the intent to deliver or manufacture. Therefore, if you have been charged with manufacturing drugs, possessing them, and intending to sell those manufactured drugs, understand that you are in extreme legal jeopardy. When someone is convicted on these types of charges, it is not uncommon for them to spend decades or even the rest of their natural life in prison.

Today, we will look at what it means to deliver drugs, what intent to manufacture means, and more. If you have been charged with such crimes, do not hesitate to contact an experienced criminal defense attorney well-versed in cases involving serious drug offenses. While your situation may be dire, hope is still on the horizon. Retaining high-quality legal counsel is the first step in working towards a favorable case outcome in your case.

What Constitutes Intent to Deliver? 

The Texas Controlled Substances Act explicitly states that possessing, delivering, or manufacturing a controlled substance is strictly prohibited. If this language is unclear, it means that drug dealing is strictly prohibited. It is important to understand that "delivery" means more than selling drugs, however. Delivery also includes giving another person an illegal drug, regardless of whether payment was exchanged.

There is no question that the perception of marijuana is rapidly changing across a significant number of states. However, in the state of Texas, laws regarding marijuana remain among the strictest in the nation. As a result, many employers in Texas require prospective employees to submit to a drug test before they are hired. The most common form of drug testing for employers is urine analysis. These tests, considered accurate, test for substances such as THC, cocaine, opiates, methamphetamine, and more. 

For the purpose of today’s discussion, we will focus on marijuana and the negative legal consequences that can arise if someone were to try and cheat a urine analysis test. Something that makes urine analysis testing for marijuana somewhat unfair is that marijuana can stay in your system for an extended period of time, unlike many other illicit drugs, like cocaine or heroin, which remain in the system for only a few days at most. As a result, many people resort to using products like synthetic urine to beat a marijuana urine analysis test because of the time it takes to leave one’s system. If you have been arrested for a marijuana-related offense or fabricating the results of a urine analysis test, contacting an experienced criminal defense attorney may be wise to avoid a detrimental conviction. 

Fundamental Marijuana Laws in Texas

Marijuana and all its associated forms like edibles, concentrates, and flower, no matter how small the amount, remains illegal in Texas. For instance, possessing two or fewer ounces of marijuana is considered a Class B misdemeanor, punishable by up to 180 days in jail and fines of up to $2,000. 

There are many different situations in which someone may be accused of harassing or stalking another person. One of the more familiar scenarios is after a relationship ends, an ex tries to stay in contact with their former partner. In other scenarios, someone may be wrongfully accused of stalking or harassing someone. Whatever the case, Texas law does not take accusations of stalking and harassment lightly. And if there is probable cause that a crime has been committed, police officers can and will arrest and charge alleged offenders. 

If you have been arrested and charged with stalking or harassment, you would be wise to contact an experienced stalking and harassment attorney to help protect your rights and represent you as you and your lawyer together work to overcome the charges levied against you. 

What Is Harassment and What Are the Associated Penalties?  

If you are unaware of the differences between stalking and harassment, you are not alone. While stalking and harassment are similar, they have vital distinctions. In Texas, harassment occurs when someone tries interacting with someone else against that person’s wishes, particularly if the person trying to interact with the other person is doing so in an alarming, annoying, or emotionally distressing manner. Harassment may take place over the phone or via social media. Generally, harassment is considered a Class B misdemeanor, which can land an offender in jail for up to six months and include fines of up to $2,000. 

We are currently living in very interesting times regarding the topic of marijuana in the United States. While various states have passed laws considered more lenient towards marijuana, even in some cases legalizing the recreational use of the drug, many states, including Texas, still prohibit marijuana and virtually all its forms in the strongest possible terms. Today, we will look at the laws in Texas regarding marijuana in edible form. 

However, if you live in Texas and have been arrested on a marijuana-related charge, you would be wise to contact an experienced criminal defense attorney to help ensure your rights remain protected and that a positive outcome can be pursued in your case. 

What Is the Law for Cannabis Edibles?

In case you are unfamiliar, the psychoactive chemical in marijuana flower, THC, is frequently extracted as a concentrate and infused into various foods, like cookies, brownies, beverages, and so on. In Texas, the law for marijuana edibles is substantially different than marijuana flower. The Texas Controlled Substances Act categorizes THC products under penalty group two, meaning that possessing THC edibles is considered to be a more serious offense than possessing marijuana flower. For example, if caught with less than four ounces of marijuana flower in Texas, this is considered a misdemeanor offense. However, if you are caught with less than one gram of marijuana concentrate like found in edibles, the charge is escalated to a felony, punishable by up to two years in prison and fines up to $10,000.

When most people think about driving while intoxicated, they tend to think of people drinking and driving. This is understandable, as drinking and driving is the most common form of DWI. However, driving after consuming alcohol is not the only way to be charged with DWI. You may be surprised that you can be charged with DWI in Texas even if you are under the influence of prescribed medication. 

Being arrested, charged, and convicted of DWI can devastate one’s life and career. If you have been charged, you are likely wondering what can be done to ensure you can avoid prison time or costly fines. The most important thing you can do during this critical time is to contact a knowledgeable DWI attorney who will work with you to ensure your rights remain protected while pursuing the most favorable outcome possible. 

Laws Regarding DWI in Texas 

Texas law states that you cannot operate a motor vehicle while impaired by any substance. This means alcohol, drugs, and even some prescription medications. This is because substances can affect certain mental and physical faculties, which makes it exceedingly dangerous to try and operate a motor vehicle. In addition, hundreds of prescription medications can make driving hazardous and illegal, including Xanax, oxycodone, Valium, and many more. Shockingly, even some antihistamine drugs that fight allergies may impair you to the point where driving becomes dangerous and unlawful. 

You may have heard of stories where someone is arrested on suspicion of having committed a crime. That individual is forced to sit for several miserable days in jail before getting in front of a judge. This typically happens on weekends. In Texas, the law states that a suspect is usually required to go before a judge so that bail can be set. Once bail is set, the suspect can secure a bond and then be released. What if there was a better option that did not require suspects to be held in jail for days?

The good news is that there is a better option! In Texas, you are likely eligible for a writ bond if you have been arrested for certain non-violent offenses. A writ bond is a procedure an experienced licensed attorney can set up with the Sheriff's Department. This arrangement can get someone out of jail without first having to go before a judge. If you have been arrested, contact an attorney with experience in attaining writ bonds for clients suspected of having committed a crime so that you can get out of jail only a few hours after being arrested instead of sitting in jail for days.  

How Can I Get an Attorney Writ Bond, and What Charges Qualify?  

Attorney writ bonds are generally used for crimes such as driving while intoxicated (DWI), marijuana possession, and theft. Other non-violent misdemeanors may be eligible for an attorney writ bond as well. Once you have been arrested, you will be fingerprinted and processed at whatever local or county jail you are in. You will need to contact an attorney from prison to see if you can receive an attorney writ bond. If you are deemed eligible, the attorney will come to the jail and arrange your release. In addition, the attorney will get your signature on the bond paperwork. 

Good citizens are everywhere, and they are called that because they are generally “good.” Their behaviors mean no harm and are only meant to help the community or someone in need. Some are inclined to notify law enforcement when they witness what they believe to be a crime, and anonymous tips from these individuals pour into police stations regularly. A significant portion of these tips is from drivers or passengers on the roadway reporting someone who appears to be driving while intoxicated (DWI) by alcohol or drugs.

What Do the Police Do With This Information?

If a tipster calls 911 to report an emergency, such as a drunk driver on the road, the operator will immediately begin to attempt to get as much information out of the informant as possible. The 911 center keeps a record of the call and can call the number back to obtain more information. This information alone is generally enough for police to stop a vehicle or driver matching the tipster’s description so that the officer can ask questions and gather more information.

Can an Officer Make an Arrest?

According to the Fourth Amendment to the U.S. Constitution, an officer must have probable cause to believe that the suspect committed a crime before making an arrest. One source of probable cause could be an officer or an identified informant who witnessed the suspicious behavior firsthand. Anonymous tips alone, however, are not always sufficient to establish probable cause, as it can be difficult to determine the credibility of the source. For example, an anonymous informant may have a personal vendetta against the suspect, which might have motivated them to make a false accusation.

Being arrested and charged with a crime can be a downright nerve-wracking experience. This is especially true regarding violent crimes like domestic violence. In Texas and society as a whole, domestic violence is looked down upon and is prosecuted aggressively. In a previous blog, we discussed the law surrounding domestic violence in Texas. Today, we will delve deeper into what to do and what not to do if you have been arrested and charged with a serious offense like domestic violence.

Something tricky about being charged with a crime is that you are likely to feel a blend of emotions. It is imperative you do not let these emotions cloud your judgment. Understand that, at all costs, you want to avoid being convicted, as a conviction of domestic violence can devastate your life and career. If you have been charged with domestic violence, immediately seek the counsel of a domestic violence attorney. Hiring a skillful attorney may make the difference in whether you are found not guilty or go to prison. 

You Have Been Arrested and Charged. Now What? 

A loud knock on your front door awakens you. Upon opening the door, a police officer is standing there with an arrest warrant, stating that you are under arrest and being charged with domestic violence. This is a crucial moment. As soon as you are arrested, whatever you say can be used against you. Remain silent and do not resist arrest. You may feel obliged to share your story with the police. However, this is not usually a good idea. The more you talk with the police, the more they will have to use against you later on. A police officer may also interpret someone under arrest who speaks too much to be guilty. You are likely to be nervous, which enhances the possibility of letting something slip. Remember, under the Fifth Amendment to the United States Constitution, you are protected against incriminating yourself. Use this right to your advantage.  

The Dallas Morning News reported that authorities were investigating allegations that an incumbent Collin County judge slapped a judicial challenger after a contentious Commissioners Court meeting earlier this month. The alleged victim, a Democratic candidate for judge, reported the alleged assault to the Collin County Sheriff’s Office.

Texas Penal Code § 22.01 plainly states that a person commits an assault offense when they intentionally, knowingly, or recklessly cause bodily injury to some other person, which includes their spouse, threaten another person with impending bodily injury, including their spouse, or cause physical contact when an alleged offender either knew or should have known another person would regard contact as being offensive or provocative. The simple truth is that an alleged assault does not have to be inherently violent to result in criminal charges.

Assault Charges in Texas

Assault crimes vary in criminal severity depending on a number of factors, including the harm that an alleged offender causes to another person. An assault offense involving threats or physical contact will be a Class C misdemeanor when an alleged offense results in no injury to another person.

A Carrollton police officer was killed while assisting another officer with a driving while intoxicated (DWI) investigation in the westbound lanes of 1905 East President George Bush Turnpike last month. The 82-year-old driver who struck the squad car was pronounced dead at the scene.

While the scene of the crash was a DWI investigation, that was a separate case. However, the accident is a good reminder for all people to be aware that DWI charges in Texas can be enhanced when people are involved in motor vehicle accidents that involve police officers. There are many other reasons that people can face aggravated criminal charges.

Types of Aggravated DWI Charges

DWI is generally a Class B misdemeanor offense, but a person can face Class A misdemeanor charges when they have a breath or blood alcohol concentration (BAC) of 0.15 or more. A DWI committed with a child passenger, meaning a passenger less than 15 years of age, is a state jail felony.

When it comes to domestic violence, shelters in Collin County providing temporary shelter and support services to victims, the Texas Health and Human Services Commission reports that Hope's Door New Beginning Center, Inc. and Texas Muslim Women’s Foundation in Plano are the only two. The state notes that services it offers to survivors of domestic violence include temporary 24-hour shelters, a 24-hour hotline, and legal assistance.

The state of Texas and the prosecutors who work for the state for it take domestic violence offenses seriously and try to get severe punishments imposed against alleged offenders in these cases, so you need to take your case seriously if you are facing allegations of any kind of crime of domestic violence. Prosecutors in these cases often paint alleged offenders in ways that can make them seem more hazardous than they actually are to try and secure convictions. With this in mind, you will want to be sure you have a criminal defense attorney on your side to defend you in court and fight to get charges reduced or dismissed.

Common Kinds of Domestic Violence Charges

Texas does not use the phrase domestic violence in state law but instead has a crime of family violence established under Texas Family Code § 71.004, and dating violence is defined under Texas Family Code § 71.0021. Many alleged crimes of domestic violence are common offenses under the Texas Penal Code that establish enhanced penalties for alleged victims who are related to alleged offenders by being family members, household members, or people involved in dating relationships.

October saw no shortage of intoxication manslaughter cases in Texas, with multiple people facing these kinds of charges for serious motor vehicle accidents. On October 26, 2022, a 27-year-old man was facing intoxication manslaughter charges after wrapping his Hyundai Elantra around a utility pole on West Commerce near Northwest 36th Street in San Antonio and attempting to flee the scene although police officers were able to apprehend him.

That same day, the bond amount for a 21-year-old man initially arrested and charged with intoxication assault with a vehicle although a Smith County grand jury later increased the charge to intoxication manslaughter for the death of a Smith County deputy was reduced by a quarter of a million dollars from $750,000 to $500,000. One day before those stories, a 30-year-old man was facing intoxication manslaughter charges after his black sedan crashed into a 24-year-old man working to repair his sister’s car stranded on the shoulder of a Harris County toll road in the Houston area.

How Intoxication Manslaughter Charges Work in Texas

Texas Penal Code § 49.08 establishes that a person commits an intoxication manslaughter offense if they operate a motor vehicle in a public place and are intoxicated and by reason of that intoxication causes the death of another by accident or mistake. This crime is classified as a second-degree felony.

Most adults take prescription medications from time to time. Whether a person takes antibiotics for an infection, pain medicine for a sports injury, psychiatric medicine for a mental illness, or another type of medication, it is important to know how prescription medication can lead to DWI charges.

If you or a loved one were charged with DWI for driving while taking prescription medication, it is essential to seek legal assistance as soon as possible. A DWI lawyer in your area can review your case and help you determine the best course of action.

People Taking Legal, Prescription Medication Can Be Charged With Intoxicated Driving

In Texas, driving while intoxicated does not only refer to driving under the influence of alcohol. The Texas penal code states that "intoxicated" is defined as not having normal use of physical or mental facilities because of:

When someone is arrested, they are read a series of rights called "Miranda Rights." These rights include the right to remain silent and the right to an attorney. If you are like many people, you probably know that individuals accused of criminal acts have the right to speak with an attorney and to have an attorney represent them at trial. However, you may be unsure of exactly what a criminal defense lawyer does and how having a lawyer can help someone accused of a crime. 

If you or a loved one were charged with drunk driving, assault, drug possession, theft, homicide, or another criminal offense, a lawyer can provide the guidance and legal representation you need. 

Key Responsibilities of a Criminal Defense Lawyer 

Criminal defendants are not required to have a lawyer represent them, but having a lawyer is highly recommended. This is because highly skilled lawyers, called prosecutors, will represent the state or federal government in a criminal case. The prosecutors' sole ambition is a conviction. Individuals accused of crimes need someone who is standing up for them and advocating for their innocence. 

In Texas, possession of marijuana, cannabis, or THC edibles is still illegal. Texans can face significant consequences, including incarceration, for possession, distribution, or cultivation of marijuana. Tetrahydrocannabinol (THC) is the substance found in marijuana that causes the psychoactive effects of the drug. Some people extract THC and mix it into foods such as cookies or brownies. Serving a pan of so-called "pot brownies" at a party may seem harmless. However,  in Texas, it is a crime that can result in life-changing consequences.

Texas Laws Regarding Foods Containing THC 

THC concentrate or resin is treated differently under Texas law than marijuana flower. The Texas Controlled Substances Act classifies THC products to be in penalty group two. While possession of less than four ounces of marijuana flower is a misdemeanor offense in Texas, possession of even a very small amount of THC concentrate is a felony offense. 

Less than one gram of THC concentrate in a gummy candy or baked good may lead to state jail felony charges punishable by up to two years in jail and fines up to $10,000. If you are accused of possessing one to four grams of THC concentrate, you face up to ten years in jail and a maximum fine of $10,000. Possession of four to 400 grams is a second-degree felony. Possession of more than 400 grams of THC is a first-degree felony punishable by 5-99 years in prison and a maximum fine of $50,000.

Fortunately, Americans have important rights protected by the U.S. Constitution. One of these rights is the right to be free from unjustified searches of their personal property. In many cases, police or other government officials must get a search warrant before they can search a person’s property. However, there are also situations in which a search warrant is not required. It is important for every Texan to know their rights and understand when police have the right to search their home, vehicle, or personal property. This is especially true if you are facing criminal charges.

When Do Police Need a Search Warrant to Search Someone’s Property?

Police officers generally need a search warrant to search someone’s house, apartment, or other dwelling place. There are a few exceptions to this rule, however. Police can search your home without a warrant if you or someone else who lives there gives them permission to search. Police may also be able to conduct a warrantless search if someone is in immediate danger or evidence is being destroyed. Police may also seize evidence in clear view. For example, if you are talking to police on your front porch and they see needles and drugs in your living room, they may have the right to seize these items and place you under arrest for drug possession.

Cars, trucks, vans, and other automobiles fall under the vehicle exemption. Police do not need a search warrant to search your car but they do need “probable cause” or a good reason to believe a crime has or will be committed.

Many Texas employers require applicants and employees to take a drug test. Workers are asked to provide a urine sample which is then tested for THC, cocaine, methamphetamine, opiates, and other drugs. Individuals hoping to get or keep their jobs often ask whether cheating on a drug test is illegal. There are products such as synthetic urine and blocking agents on the market that are used to falsify drug test results. Most people assume that job loss is the worst possible outcome of using these products. However, in Texas, it is possible to face criminal charges for falsifying a drug test result. 

What Happens If I Cheat a Drug Test for Work?

Texas is known for having strict drug laws. Marijuana, cannabis, and THC products are still illegal in Texas. Penalties for possession of small amounts of marijuana have been reduced in recent years, but it is still a crime to possess any amount of marijuana in Texas. There are only a few exceptions for the medical use of very low-THC marijuana products. Cultivation and delivery or sale of marijuana are penalized even more harshly. 

However, many people still use THC and other illegal substances. When their boss tells them they must take a random drug test, they panic. Some turn to products such as synthetic urine or even purchase another person's urine to use during the test. 

If they are honest with themselves, most drivers would admit to driving above the speed limit at least once or twice in their lives. Some may also admit that they have shown off their vehicles by revving the engine, accelerating very quickly, racing other vehicles, or squealing the tires. Unfortunately, these seemingly harmless activities can result in very serious penalties if they are done in the wrong place at the wrong time.

Usually, speeding only results in a traffic ticket and a moderate fine. However, drivers who are involved in an accident causing injury or death because of alleged drag racing or flaunting may face felony charges.

Defining Street Racing in Texas

Street racing is a dangerous and illegal activity that has been on the rise in recent years. It often results in high-speed chases with police, accidents, and sometimes even deaths. The Texas Penal Code prohibits:

Receiving a phone call from a family member who has just been arrested for drunk driving can be shocking and confusing. If you do not have much experience with the criminal justice system, you may be unsure of what to do. You may be overwhelmed with questions like, "Will my loved one go to jail? Can I bail them out? What are the next steps after a DWI charge?"

The first step is to remain calm. It is important to remember that being charged with a DWI does not mean that your loved one is automatically guilty. They are entitled to a fair trial, and it will be up to the prosecutor to prove their guilt beyond a reasonable doubt. There are a few things you can do to help your loved one through this difficult time.

Look Into Getting an Attorney Writ Bond So He or She Can Leave Police Custody

After a Texas DWI arrest, your loved one will likely be taken to the police station for processing. Once they have been processed, they may be eligible for an attorney writ bond. Typically, an arrested person has to wait in police custody until they can see a judge. This can take as long as two or three days. An attorney writ bond can get a DWI defendant out of jail within a matter of hours. You may be able to secure an attorney writ bond for your loved one without even leaving your home.

Most people assume that criminal charges can only lead to one of two outcomes: a guilty verdict or an acquittal. However, there is another potential outcome that is even more preferable than being pronounced "not guilty." In some cases, criminal charges against a person are dismissed entirely. Once charges are dismissed, the person is no longer facing any legal penalties or repercussions. He or she will be spared the stress and expense of a jury trial. Even better, the person can ask the court for an expungement that erases the arrest record and court files.

Reasons for Dismissal of Criminal Charges in Collin County

There are a number of reasons that criminal charges might be dismissed. One common reason is if the prosecutor decides that there is not enough evidence to convict the defendant. This could be because key witnesses are unavailable or because the evidence is not strong enough to prove beyond a reasonable doubt that the defendant committed the crime. In some cases, charges are dismissed because the defendant has been cleared by new evidence, such as DNA testing.

Lack of probable cause for the initial arrest can also lead to dismissal. Fortunately, in the United States, we have constitutional rights that prevent police from arresting us without justification. If there were no objective reasons for the initial traffic stop or arrest, the case against the defendant may be dropped before charges are even filed.