Houston Criminal Lawyer: Facing An Arrest For Drug Trafficking?


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Houston Criminal Lawyer: Facing An Arrest For Drug Trafficking?

  1. 1. Houston Criminal Lawyer: Facing An Arrest For Drug Trafficking?Drug trafficking is generally referred to as themanufacturing, transporting and distributing oflarge quantities of drugs. It often involves morethan one person. Drug trafficking charges arewide and varied depending on the scope of thetrafficking. Additionally, if the drug trafficking wasdirected towards minors, then prosecutors willseek enhancements to the charges. State andfederal governments have adopted strict laws andsevere penalties regarding the trafficking ofdrugs. Penalties can approach seven figures anddecades in prison for severe cases. HoustonCriminal Lawyer Charles Johnson has provenhow to successfully approach and handlethese types of cases and he should becontacted immediately when an arrest ismade for drug trafficking.Drug Trafficking is probably the most chargedoffense in federal court and is also quite prevalentin state courts. Because of the severity of thesentences, evidence and all circumstances andconditions regarding your arrest will bethoroughly examined by the Charles Johnson LawFirm and their team of experienced investigators. Drug trafficking cases can be quite involved, and with thevast amounts of drugs coming in from Mexico, prosecutors are aggressively pursuing convictions.Types of Drug Trafficking LawsDrug trafficking laws vary by country and region, but generally include distribution, manufacturing, anddispensing certain categories of controlled substances. Usually, the drugs are classified according to type andthe addictive nature of the drug. Highly addictive narcotics like heroin and crack typically fall into one class,while marijuana and prescription drugs are considered less harmful. International drug trafficking laws arecommonly handled under customs law.Possession of drugs with the intent to sell routinely falls under drug trafficking statutes. If someone is foundwith a large amount of narcotics, it may be presumed that he or she intends to distribute the drugs formoney. Different regions determine how much and what kind of drug is considered outside limits for personaluse. Penalties for violations of these drug trafficking laws are often based on the quantity of the substanceand its type. 1
  2. 2. Those who manufacture drugs may be charged under drug trafficking laws in most places. These sections ofthe law typically include possession of chemicals or equipment needed to make the controlled substance.Narcotics laws in each country outline the exact chemicals or equipment considered illegal.Drug trafficking laws may include a provision that allows law enforcement to seize assets used to commit acrime. For example, if drugs are sold from a house or vehicle, a judge may order that those assets be forfeitedto the government. The property is typically sold at a public auction, with the proceeds going to fund narcoticsoperations.Almost any scheduled narcotic can qualify for a drug trafficking charge. In state courts the amount of drugs(cocaine, cannabis, ecstasy, crystal meth, acid, heroine, prescription medication) will determine if apossession charges becomes a trafficking charge. Even if you are only going to used the drugs for yourpersonal consumption, the amount that you possess could bring a trafficking charge. You may also qualify fora distribution charge if it appears that a small amount of drugs was packaged for distribution. Each state isdifferent as to the amount necessary for the trafficking charge. Under the federal statute you can be chargedfor the amount you have and or the amount you were trying to buy from a government agent. You may neveractually possess the drugs, but you will be charged.Supplying drugs to children or using minors to distribute narcotics generally carries tougher penalties thanthose that apply to adults. In some areas, maintaining a home for the purpose of making or distributing drugswhere children live is also considered a more serious drug trafficking offense. Stiffer sanctions might also beimposed for those who sell drugs near schools, playgrounds, arcades, and other areas where childrencongregate.Laws also exist that regulate drug trafficking by criminal gangs or organized groups. Penalties might beenhanced if weapons are used in the distribution of a controlled substance. Those with profits from organizedsales of narcotics can also be prosecuted under money laundering statutes in some jurisdictions.Defenses for Drug Trafficking ChargesHouston Criminal Lawyer Charles Johnson will provide skilled advice and representation to clientsfacing state or federal drug charges. He is considered an expert when defending against charges relatedto:  Interception of a drug shipment  Drug conspiracy charges  Interstate drug distribution  Undercover interstate trafficking stings  Illegal sale and trafficking of prescription drugs  Illegal sale and trafficking of cocaine, heroin, marijuana, methamphetamine (meth), MDMA (Ecstasy)Drug trafficking charges often hinge on the prosecution’s illegal search and seizure of your vehicle, undercoverdrug operations, and confidential informants who are attempting to make a deal. As an expert lawyer skilledin drug cases, Attorney Johnson will thoroughly investigate how the prosecution came upon the evidencecollected and determine if the method of collecting the evidence is in violation of your constitutional rights. 2
  3. 3. The court will have no choice but to keep any illegally obtained evidence out of trial. Attorney Johnson’s abilityto thoroughly investigate drug cases and vigorously challenge the factual and constitutional merits of theprosecution’s case has proven effective in his defense of clients facing drug trafficking charges involvingcocaine, heroin, marijuana, methamphetamine (meth) or prescription narcotics.Even if the police find drugs directly in a person’s possession, the drugs and other evidence could besuppressed (thrown away) if the police did not follow the proper procedures required under the U.S.Constitution. One of the first things Attorney Johnson will look for when defending someone accused of a drugoffense is whether the police themselves acted in a legal manner. Other defenses include areas such aswhether the actual weight of the substance was correct when allowing for hydration, whether the chemicalcomposition of the substance was correct as charged, whether there was joint or constructive possession ofthe substance which could subject the case to a Motion to Dismiss and whether the accused was entrappedinto committing the offense by law enforcement or one of its informants.Another possible defense for drug trafficking charges would involve a violation of constitutional right tocounsel and right to remain silent. Once charged or in custody, you are required to be informed of your rightsand given access to legal representation if you request it. Contact Houston Criminal Lawyer CharlesJohnson immediately upon arrest before saying anything that could be used against you in thefuture. This can often mean the difference between a conviction and walking away free of any charges. Youwould be surprised at how many cases result in a conviction due largely to statements made by the accused.Other possible defenses may include:  Lack of knowledge  Mistake of fact (For example, thinking the drug was sugar when in fact, it was cocaine.)  Duress (For example, if Bob was forced to transport the cocaine because if he refused, something bad would happen to his family.)  The substance was not intended for human consumptionLastly, Attorney Johnson will determine if inappropriate charges were filed. Drug trafficking is a highly politicalissue, and you may find yourself facing inflated charges. The right attorney can insure that any charges youdo face are appropriate to the acts alleged by the prosecutor.At the Charles Johnson Law Firm, we have the experience and know-how to guide you through thiscomplicated process from the moment of your arrest through trial, if necessary.The defense of drug-related crimes can be difficult and complex and requires an attorney with special skills,experience and knowledge. Houston Criminal Lawyer Charles Johnson is highly qualified to defendyour case. Whether it is identifying a drug addiction issue so that we may assist in getting them treatment orcounseling, negotiating a fair resolution in an effort to have charges or a sentence reduced or preparing andtaking a case to trial, the Best Houston Criminal Lawyer is available to assist and defend you.As an extremely experienced criminal lawyer specializing in drug cases at both the Federal and State level,Houston Criminal Lawyer Charles Johnson is well aware of the strategies, theories and methods employed byprosecutors when they prosecute a drug case. Attorney Johnson will use this knowledge to his client’sadvantage while defending their cases to get the best possible outcome on their behalf. 3
  4. 4. We are proud to represent and care about our clients. We know the devastation that a drug conviction, anaddiction or incarceration for a drug offense can bring to an individual or his/her family. We will answer yourquestions and guide you through the whole process, working to take away some of the confusion anduncertainty that comes along any drug offense charge, while all along seeking the most favorable outcome foryou or your loved one.Drug Trafficking by Criminal GangsThere are nearly 1 million active gang members in the United States, based on analysis of federal, state, andlocal data, and the involvement of criminal gangs in domestic drug trafficking is becoming increasinglycomplex. Since 2001, many gangs have advanced beyond their traditional role as local retail drug distributorsin large cities to become more organized, adaptable, deliberate, and influential in large-scale drug trafficking.Much of their growing influence has come at the expense of local independent dealers and small local criminalgroups who cannot compete with gangs that establish control in smaller drug markets.The influence of Hispanic and African American street gangs is expanding as these gangs gain greater controlover drug distribution in rural and suburban areas and acquire drugs directly from Drug TraffickingOrganizations (“DTOs”) in Mexico or along the Southwest Border.In 2009, midlevel and retail drug distribution in the United States was dominated by more than 900,000criminally active gang members representing approximately 20,000 domestic street gangs in more than 2,500cities. These street gangs vary greatly with respect to their ethnic or racial identities, the types and amountsof drugs that they distribute, their strength and influence, and their adaptability. Their prevalence variesgeographically, with the greatest concentration of street gangs occurring in the Great Lakes, Pacific,Southeast, and Southwest Organized Crime Drug Enforcement Task Force (OCDETF) Regions.Many Hispanic and, to a lesser extent, African American gangs are gaining control over drug distributionoutside urban areas that were previously supplied by local independent dealers or small local criminal groups.Around 2007, Hispanic and African American gangs throughout the country, but especially in the Southwestand Great Lakes Regions, began to command greater influence over drug distribution in many rural andsuburban areas. This trend continued in 2009. For example, in 2009, the Avenues street gang based in LosAngeles, California, expanded its operations to distribute drugs in suburban and rural locations throughoutsouthern California.To increase their control over drug trafficking in smaller markets, street gangs have been increasinglyacquiring larger wholesale quantities of drugs at lower prices directly from DTOs in Mexico and along theSouthwest Border. Several Southwest Border street gangs, such as Shelltown 38th Street, Tri-City Bombers,and Vallucos, smuggle wholesale quantities of drugs obtained in Mexico into the United States. By purchasingdirectly from Mexican wholesale sources in Mexico or along the Southwest Border, gangs throughout thecountry realize cost savings that enable them to sell drugs at lower prices than local independent dealers insmall communities, driving these dealers out of business. For example, members of the Chicago-based LatinKings street gang who operate in Midland, Texas, purchase cocaine from Mexican traffickers in south Texas for$16,000 to $18,000 per kilogram, compared with $25,000 to $35,000 per kilogram from wholesale traffickersin Chicago. With this savings, the gang undersells other local dealers who do not have the capacity to buylarge wholesale quantities directly from Mexican DTOs in Mexico or along the Southwest Border. 4
  5. 5. Hispanic prison gangs, primarily in Southwest Border states, are gaining strength by working directly withMexican DTOs to acquire wholesale quantities of drugs and by controlling most street gangs in areas along theSouthwest Border.Prison gangs are active in all 50 states and are increasing their influence over drug trafficking in areas alongthe Southwest Border (see Table B4 in Appendix B). Prior to 2001, the criminal influence of prison gangs waslimited primarily to retail-level drug distribution. However, since that time, Hispanic prison gangs havebecome increasingly involved in the transportation and wholesale distribution of drugs.Hispanic prison gangs such as Hermanos de Pistoleros Latinos (HPL) and Raza Unida operating in SouthwestBorder states have increased their involvement in wholesale drug distribution activities through cooperativerelationships with Mexican DTOs. Through these relationships, Hispanic prison gangs are able to gain access towholesale quantities of drugs. For example, in September 2009, 21 members of HPL were convicted in theSouthern District of Texas (Houston) of conspiring to distribute more than 150 kilograms of cocaine andlaundering millions of dollars in drug proceeds. In April 2009, 15 members and associates of the Raza Unidaprison gang were indicted for trafficking multikilogram quantities of cocaine and methamphetamine weekly inMcAllen and Houston, Texas.To ensure a consistent profit stream from the wholesale drugs that they purchase from Mexican DTOs,Hispanic prison gangs distribute drugs through street gangs that they largely, if not entirely, control. Throughforce or intimidation, Hispanic prison gangs exercise significant control over local gangs that distribute theirdrugs in the Southwest Border region. For example, Barrio Azteca prison gang members operating in El Paso,Texas, collect drug payments and taxes from 47 street-level gangs and independent drug dealers traffickingdrugs in El Paso.Potential Penalties for Drug TraffickingThe penalties for drug trafficking offenses vary and depend on a number of factors. These include the typeand amount of illegal drugs (also called “controlled substances”) found in a person’s possession, whether theperson is a repeat offender and the state in which the person is charged.Drug trafficking or distribution in Texas is a felony upon which a wide range of penalties may be imposed. Itmay be anywhere from a state jail felony, which carries the lightest sentence, to a first degree felony, whichcarries the harshest. The factors influencing which sentence will be imposed are: (1) the amount of the drugbeing distributed or delivered; and (2) the type of drug and which of the four groups of drugs it is classifiedunder. The smaller the amount of a drug in a certain group, the lighter the sentence may be.Texas has some very heavy penalties for drug trafficking. Prosecutors may often offer plea deals todefendants where they may offer a charge with a lesser penalty in exchange for information that would helpthem gather evidence for a higher priority investigation.The sentences involved may range anywhere from 180 days to two years in state jail and/or a fine of no morethan $10,000 for a state jail felony, to life in the Texas Department of Criminal Justice or a term of 15 to 99years in prison and/or a fine of not more than $250,000 for the heaviest first degree felony. The harshness ofthe sentence imposed depends on how much of the drug is being trafficked. For example, trafficking ordistributing less than one gram of a substance in the first grouping of drugs carries a state jail felony charge, 5
  6. 6. whereas trafficking 400 grams or more of any one of the same drugs carries a first degree felony charge thatmay include a life sentence.At the Federal level, the Controlled Substances Act (PL 91-513, 1970, last amended in 2000) providespenalties for the unlawful manufacture, distribution, and dispensing (or trafficking) of controlled substances,based on the schedule (rank) of the drug or substance. Generally, the more dangerous the drug and thelarger the quantity involved, the stiffer the penalty. Trafficking of heroin, cocaine, LSD, and PCP, all Schedule Ior II drugs (see Table 2.1 in Chapter 2), includes mandatory jail time and fines. A person caught selling atleast five hundred grams but less than five kilograms of cocaine powder (seventeen ounces to just undereleven pounds) will receive a minimum of five years in prison and may be fined up to $2 million for a firstoffense. (See Table 6.1.) The same penalty is imposed for the sale of five to forty-nine grams of cocaine base(“crack”). Five grams are equal to the weight of six plain M&Ms candies, and forty-nine grams are a little morethan a bag of M&Ms candies (47.9 grams). The high penalty for selling crack is an expression of the unusualseverity with which legislators are trying to curb the use of this drug.Penalties double with the second offense to ten years in prison and up to $4 million in fines. When higherquantities are involved (five or more kilograms of cocaine powder, fifty grams or more of crack, etc.),penalties for the first offense are ten years, and fines up to $4 million may be levied. For the second offense,twenty years and up to $8 million in fines are given, and the third offense results in mandatory lifeimprisonment. These examples are for an individual. Higher penalties apply if an organized group is involvedor if a death or injury is associated with the arrest event.These penalties apply also to the sale of fentanyl (a powerful painkiller medicine) or like-acting drugs, heroin,LSD, methamphetamine, and PCP. The smallest amount, which can earn someone a minimum sentence of fiveyears in prison and a fine of up to $2 million, involves trafficking in LSD, where a one-gram amount carries afive-year minimum sentence in prison.Special penalties exist for marijuana trafficking, since it may be traded in large quantities or grown insubstantial amounts. The lower the amounts sold or the fewer the plants grown, the lower the sentence. Aperson cultivating one to forty-nine plants or selling less than fifty kilograms of marijuana mixture, tenkilograms or less of hashish, or one kilogram or less of hashish oil may get a maximum sentence of five yearsin prison and a maximum fine of $250,000. Sentences for second offenses involving large amounts ofmarijuana may earn the trafficker up to life imprisonment.The penalties for drug trafficking are harsh, and reflect the seriousness of this felony offense and the currentpolitical climate. A conviction can lead to jail time, forfeiture of property and fines, but that is only part of thestory. It places your current employment in jeopardy, places a severe emotional strain on you and yourfamily, adversely affects your ability to find new work, and places your entire future at risk.Hire the Best Houston Drug Trafficking Lawyer: The Charles Johnson LawFirmA drug trafficking conviction can have an extremely adverse effect on a person’s current and future life inmany regards. Both state and federal prosecutors have their eye on a conviction of the most severe chargespossible and not on your rights. Houston Criminal Lawyer Charles Johnson will work diligently with prosecutorsregarding any circumstances or conditions that could result in charges being dropped or reduced. If necessary,our firm can take your case to court and present a strong defense on your behalf. 6
  7. 7. The Charles Johnson Law Firm expertly handles all types of Texas drug-related offenses, from the less severe,like simple possession of a small amount of certain drugs, to the more serious ones, such as participating inan organized drug trafficking business with sale, distribution and manufacturing activities. We also defendcharges involving controlled substances, such as, marijuana, crack, paraphernalia, cocaine, heroin, ecstasy,methamphetamines (meth), hallucinogens such as LSD, oxycontin, oxycodone, hydrocode, xanax, andRohypnol club drugs. We represent all levels of people charged with drug offenses, from the student or smalltime person, to the professional, medical doctor or person accused of being a large scale distributor ortrafficker.If you have been arrested for drug trafficking in Houston, TX, take fast action with a skilled and resourcefulHouston Criminal Lawyer. Contact the Charles Johnson Law Firm immediately anytime night or dayfor a free phone consultation to discuss your case.Houston Lawyer Charles Johnson can be reached 24 hours a day, 7 days a week.Call us at 713-222-7577 or toll free at 877-308-0100.Major Credit Cards Accepted.Posts Related to Houston Criminal Lawyer: Facing An Arrest For DrugTrafficking?  Houston Lawyer » Arrested for Cocaine Distribution? Felony charges for drug distribution or possession are the most typical felonies in criminal law. If you have been arrested for possession or distribution of ...  The Best Houston Criminal Lawyer » Facing A Drug Distribution Case? This Approach Is Your Best Strategy. Hire the Best Houston Criminal Lawyer! Drug distribution/transporting laws penalize the selling, transport, and unlawful import of unlawful controlled substances into the US most notably ...  Arrested for Prescription Drugs? There is way out of it. The illegal sale or use of prescription drugs can certainly result in severe criminal charges. If you have been arrested for a forged prescription or ...  Houston Criminal Defense Lawyer » Arrested for a Drug Manufacturing Crime? Here are Methods to Beat It. Virtually all drug charge convictions bear severe consequences, but the state of Texas makes every effort to crack down on drug manufacture cases. From meth ...  Houston Lawyer: Charged With Cocaine Possession? Discover How You Can Beat It Cocaine possession charges may harm your reputation. Dont take chances. A Cocaine charge wont merely disappear. It is very important to get a highly skilled ... 7
  8. 8. Original article may be found at:Houston Criminal Lawyer: Facing An Arrest For Drug Trafficking?Houston Lawyer Charles Johnson can be reached 24 hours a day, 7 days a week.Call us at 713-222-7577 or toll free at 877-308-0100.Major Credit Cards Accepted.Houston Lawyer Charles JohnsonSolving Problems...Every Day®http://www.houstonlawyer.com815 Walker Street #1047Houston, TX 77002E-Mail: charlesjohnson@houstonlawyer.comPhone: (713) 222-7577Toll-Free: (877) 308-0100Map to Office 8