Sugar Land TX Criminal Defense Law Blog

The Texas Controlled Substances Act ("the Act") is one of the lengthiest and most frequently revised statutes in the nation regulating the possession, purchase, sale, prescription and use of chemicals that Texas defines as "controlled substances." Because the statute is revised and amended so frequently, it is inadvisable to consult any source more than one year old to analyze current compliance with the Act. An experienced Sugar Land criminal attorney can fully explain the current law and show you how it is applied.

In addition to providing a lengthy recital of "controlled substances," the Act also defines paraphernalia which may be used in connection with the possession, use, sale or transfer of such substances. The Act grants designated Texas officials the authority to classify specific chemical substances as having a high potential for abuse and a potential to lead to physical or physical dependence. Schedules designating the classification of specific types of controlled substances are mandated.

The Act delineates the types of medical facilities in which controlled substances may be used and prescribed, and it gives detailed directions about the manner in which prescriptions can be obtained, and what information the prescriptions themselves must contain.

There are numerous provisions of the Act which exempt and otherwise protect medical professionals engaged in scientific research and experimentation from prosecution for violation of the Act. Absent some applicable exception, however, an individual engaged in the unauthorized acts of manufacture, sale, transfer or otherwise illegal use of designated controlled substances may be subject to criminal and civil penalties.

It is often said that "Ignorance of the law is no excuse" for liability. This maxim is just as applicable to drug legislation as it is to any other provision of civil or criminal law, The extremely complicated provisions of the Act underscore the legal hazard. Many references to controlled substances in the Act are referred to elsewhere by other names. If you are familiar only with the brand name or the "street name" of a substance, don't assume it is outside the coverage of the Act.

Also be certain to maintain a complete record of any transactions you have undertaken involving potentially "controlled substances." The Act extends not merely to the substances specifically named, but to some chemical variants. Texas regulatory authorities have significant discretion in deciding which "compounds" and "mixtures" contain ingredients justifying their designation as "controlled substances." So-called "chemical precursors" are also specifically identified in the Act as subjects of potential enforcement action.

Only by obtaining competent and informed professional guidance about Texas's controlled substances law can you insulate yourself from unnecessary and unwanted potential liability.

For a free consultation with dedicated Sugar Land criminal attorney John Venza, simply call 281-971-5660 today.

Marijuana (cannabis) and its chemical variants are the most widespread and heavily used of the regulated drugs. The American states and the federal government have developed highly variable and inconsistent legal regulations concerning marijuana.

The Texas Controlled Substances Act is the most comprehensive regulatory drug control provision in Texas. It covers marijuana and many other substances, and closely determines the scope and circumstances under which regulated drugs and medications may be possessed, manufactured and prescribed. The Act does not cover some resins, plant stalks and stalk fibers, and oils and cakes made from plant seeds.

The Texas Controlled Substances Act is complicated and interpreting it is best left to a Sugar Land criminal defense lawyer. The Act is also frequently amended, so versions which are not current may have obsolete or inoperative provisions.

In addition, federal law also regulates marijuana possession, use, sale and related activities. Generally, the court which prosecutes a violation (state or federal) will follow the law of that tribunal.

There are numerous defenses to charges of illegal marijuana possession. The standards for arrest and conviction of an individual for possessing and driving under the influence of marijuana, closely parallel the legal provisions regulating the prosecution of alcohol-related offenses. Many of the prosecutions for illegal use of controlled substances arise from driving situations.

In Texas, sobriety checkpoints generally are not permitted. However, the refusal of a driver, stopped for erratic operation of a motor vehicle to provide a specimen of breath or blood may be introduced into evidence at a trial for driving under the influence of drugs or alcohol.

Penalties for possession of marijuana in Texas vary from a fine of $2,000 and incarceration for 180 days for possession of 2 oz. or less, to imprisonment for 5-99 years and a fine of $50,000 for possession of more than 2,000 lbs. Conviction for sale of marijuana also varies according to the amount involved in the transaction. Texas separately recognizes a "gift" of marijuana as a criminal offense. Possession of "marijuana paraphernalia" is separately penalized.

There has been some relaxation in Texas in the penalties for possession of marijuana. An individual with no prior felony convictions may not be imprisoned for possession of less than one pound of marijuana, but mandatory drug treatment is ordinarily required; the court has the discretion to waive the treatment requirement if no appropriate facility is available.

If you have been arrested for marijuana possession, contact Sugar Land criminal defense lawyer John L. Venza, Jr. at (281) 971-5660.

In many cases, witnesses and persons of interest have been subpoenaed to produce documents or testify before a grand jury, only to find that they become the subject of the grand jury's investigation. When unprepared for the complexity of facing such a jury, many witnesses incriminate themselves or unintentionally draw attention to their role in a possible crime. Even if you are only a witness in a grand jury, do not testify until you have consulted with an experienced Sugar Land criminal defense attorney.

Witnesses are individuals who have evidence of the crime but typically no exposure to prosecution. In order to avoid exposure and become a subject of the investigation, witnesses are advised to simply tell the truth without invoking any sympathies or ulterior motives regarding their own scandals. A skilled Sugar Land criminal defense attorney will defend your rights as witness and offer you crucial legal advice so that you can avoid any involvement in the investigation, other than just a witness.

Witnesses can invoke their right of immunity. There are many things both you and your Sugar Land criminal defense attorney need to take into consideration before demanding immunity. If you have been subpoenaed as only a witness, a demand for immunity may make the prosecution suspicious and cause the investigation to shift to your activities. This may result in a denial of an immunity request and actually make you a subject of interest.

Unlike a typical trial, prosecutors can use hearsay in grand jury investigations. As such, if a prosecution insists on you to testifying, there may be some ulterior motives. You should always inquire why you have been subpoenaed to testify.

Another negative impact of demanding immunity is that it may signal that you did something wrong. Although grand jury investigations are not publicized and kept secret, the public typically learns of who testified and who was immunized. As such, invoking immunity may accompany a cloud of infamy, especially if the case goes to trial.

Lastly, anxious and overly aggressive law enforcement can investigate witnesses and, often, find a way to charge them with a crime. Your right must be defended by an aggressive Sugar Land criminal defense lawyer, even though you are just a witness in the grand jury investigation.

For a free initial consultation with skilled and knowledgeable Sugar Land criminal defense lawyer John Venza, simply call (281) 971-5660 or fill out the form on this page.

If the police or sheriff seized your property following a criminal indictment or investigation, you may at risk of the government's right to "forfeiture." State law forfeiture rights are broad and can capture property ranging from cash, accounts, vehicles used to transport contraband, homes purchased with proceeds of criminal profits, and other expensive assets. The summary below is provided to give you a general understanding of this complicated and confusing body of law; however, you should contact a Sugar Land criminal attorney for clarification and guidance as to your exposure to government forfeiture.

The Basics

Forfeiture laws vary from state-to-state, depending on the codified statutes and case law existing in each jurisdiction. A Sugar Land criminal attorney can inform you as to specific theories available in your states, but generally, the following doctrines apply:

Forfeiture proceedings may be brought under civil or criminal law. Civil forfeiture actions can be brought, regardless of whether criminal charges have been filed. Criminal forfeiture claims are filed and adjudicated simultaneous with criminal charges.

Civil forfeiture actions are brought against property itself as defendant, and so may result in the divestiture of title to even an innocent owner.

Divestiture of title to forfeitable property is deemed to transfer immediately upon commission of a crime. So even if an innocent owner obtained title prior to occurrence or discovery of such criminal act, such title will be divested upon forfeiture.

Three Theories of Forfeiture

In most states, forfeiture claims may be brought under three theories:

1. Contraband Theory permits a party to bring a forfeiture action against assets that constitute contraband. Under this theory, possessing property by itself constitutes a violation of the law; such property cannot be returned or claimed under any circumstances. 
2. Proceeds Theory holds that assets that constitute proceeds of criminal activities are forfeitable. In such proceedings, the central focus of the litigation will be on proving a crime occurred, the timing of transfer of proceeds, and finally, whether the recipient of such transfer can claim a defense under "good faith purchaser for value," "innocent owner," or other statutory defense theories. 
3. Faciliation Theory provides for seizure of assets used to faciliate or in the commission of a crime. It commonly lends itself to constitutional issues related to forfeiture, often because the property subject to forfeiture is often expensive and substantial, regardless of the gravity of the subject-related crime. For example, in the event of even a minor crime such as prostitution or personal drug abuse, prosecutors may attempt to seize homes, cars, boats, bank holdings, or large amounts of cash. In such instances, defendants claims such penalties are unreasonable and excessive, in violation of the Excessive Fines Clause of the Eighth Amendment. 

John Venza, an experienced Sugar Land criminal attorney, is available to help you if your property has been or is at risk of being seized pursuant to a forfeiture action. Call him today at 281-971-5660 for a free consultation.