Fighting Heroin-Related Drug Charges in Houston

Fighting Heroin-Related Drug Charges in Houston

Posted by on Oct 29, 2018 in The Criminal Element |

The law on controlled substance such as heroin and opiates is quite severe in Texas. Possession of an amount less than one gram of any of the controlled drugs is punishable. Possession of the substances with intention to sell is even more serious, and may attract a greater penalty. Punishment is based on the amount of illegal substance found in your possession. If you’re charged with the offense of possession or delivery of heroin or opiates, you will need an experienced criminal defense lawyer to represent you, and ensure that your rights are protected at all times.

A Look at Heroin Laws in Texas

Heroin is classified as a dangerous drug in the state of Texas, and therefore, possession and distribution of the drug is prohibited by the law.

Avoiding Jail After an Arrest for Heroin

Possession of amounts less than 1 gram is described as a jail felony and is punishable by a jail term. However, the legislation created a drug court program in 2001. The program is aimed at helping first time offenders convicted with the state jail felony. Through the program, nonviolent offenders are offered probation instead of jail time.

During the probation period, the offenders are taken through a treatment program to help eliminate drug dependence. The court will assess the offenders after the period, and may drop the charges if the candidates show positive changes. Possession and distribution of more than one gram of heroin is a third degree felony for 1 to 4 grams, second degree felony for 4 to 200 grams and for over 400 grams, it is a first degree felony. Possession with intention to sell over 400 grams may lead to life imprisonment.

Defenses for Heroin Possession & Distribution Cases

Criminal cases require the prosecution to prove criminal responsibility on the accused person beyond reasonable doubt. Any doubt on the criminal culpability of the defendant is a window of opportunity for the accused. Since the burden of proof lies with the prosecution, a good criminal lawyer will help build a strong defense for you.

Opiates and Texas Law

An opiate is a drug derived or related to opium. Morphine and codeine are some of the most common examples of opiates. Opiates are used as prescription drugs to help patients with acute pain. Only a doctor or a clinician is allowed by law to prescribe the drugs to a patient. The law however, prohibits prescription of opiates to patients who are on active treatment of cancer or receiving hospice care from a licensed hospice or palliative care. Any other form of use apart from the said prescription is prohibited and punishable by law. If you’re charged with illegal possession or distribution of opiates, you will need a criminal defense lawyer to represent you. The lawyer will look at the available defenses and help you build a strong defense.

Crimes of drug possession and distribution are very serious in Texas. Without a good criminal lawyer, you may not escape a conviction. If you’ve been arrested and/or facing any drug-related charges, it is best to contact a good criminal defense lawyer with the necessary experience to advise you accordingly, and to represent you in court.

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Should Marijuana and Cocaine Be Legal?

Should Marijuana and Cocaine Be Legal?

Posted by on May 11, 2014 in The Criminal Element |

The question of whether or not illegal drugs like cocaine and marijuana should be legal, I believe, is a false one.

I think that prior to asking the question of whether or not these drugs should be legalized, we should be asking if it would be a moral undertaking in the first place. There are a number of other questions that should be asked prior to unleashing the beast of drugs like heroin and crack cocaine as a publicly available and legal recreational drug much like beer and alcohol.

Other Questions I Think We Should Be Asking Prior Any Consideration of legalizing illicit drugs are listed below.

  • How will we handle school children using crack and heroin?
  • Will we lower prosecution and criminal penalties for street dealers once legalized?
  • Will a person be able to purchase cocaine for the corner store?
  • Is the savings that will be accumulated from not housing as many prisoners as a result of drug legalization be worth it?
  • Will legalization of substances like meth and cocaine cause street prices to go up? If so, will there be in an increase in burglaries, bank robberies, and aggravated robbery cases?
  • What will be the long term effects on the normalization of these dangerous drugs in the public psyche?
  • Once legalized, do we free all prisoners convicted of drug crimes that are no longer illegal?

These are only a few of the questions circulating in my mind on this issue. I believe these questions, along with others like them, should be swirling in the minds of anyone who happens to give brain time to this conversation, issue, and movement. Personally, I think its a bad idea laden with well place assumptions and good conservative meaning, but no. Hell no.

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