Charges and penalties of drug crimes

The State of Texas and the United States take drug offenses seriously, as reflected in the phrase "the War on Drugs." Drug cases, including cocaine and marijuana, are particularly attractive to police because these cases result in forfeitures as well as government grants. A drug case can be a federal or State case. Prescription drug cases are becoming increasingly prosecuted in State court, particularly in Houston and Harris County, Texas. Whatever the charge, a conviction for a drug offense may carry with it collateral punishment, such as a driver's license suspension.

Types of drug charges

Possession: Possession is defined as the actual care, custody, control or management.

Delivery: It is an offense under both state and federal law to deliver or to have intent to deliver a controlled substance.

Manufacturing: It is an offense under both state and federal law to manufacture a controlled substance.

Conspiracy: One of the most frequently charged drug offenses in federal court is conspiracy to possess with the intent to distribute a controlled substance.

Methamphetamine: Due to the skyrocketing methamphetamine problem, the penalties for possession, delivery and manufacturing of methamphetamine have become extremely severe. 

Cocaine: It is an offense to possess or distribute even the smallest amount of cocaine.

Marijuana: It is an offense to possess, distribute or cultivate marijuana.  Depending on the quantity, possession of marijuana can be charged as a misdemeanor of felony in both state and federal court.

Paraphernalia: Paraphernalia is very broad and can include pipes, lighters, plastic baggies and rolling papers if the government can show that there was intent to use the items to use drugs

 

Penalties for drugs

• If you're caught with drugs in your bag, you may be charged with possessing an illegal material, whether it's yours or not you will be responsible for it.
• If you’re found with a Class C drug and don’t have a criminal records in the police station, you’ll get a formal warning or caution at a minimum. But in extreme situation the punishment may leads to 2 years. If you're found with a Class A or B drug, or have a record of drug offenses, you're likely to face much tougher punishment; because the punishment for the A and B will be five to seven years in prison.
• If you're under 17, the police are allowed to tell your parent that you've been caught.
• For selling drugs the punishment may leads to life in prison(Class A) or 14 years(Class B or C)

Hence these are the valuable information’s shared by the Houston criminal lawyer Neal Davis for the precautions. He has skill and knowledge in defending drug cases. Before deciding to open his own Houston criminal law office, Neal was a lawyer for over ten years with legendary Texas criminal defense attorney Dick DeGuerin, where Neal established an outstanding reputation in his own right. At the Houston law office of Dick DeGuerin, Neal defense of drug cases ranging from simple possession to complex conspiracies. Many times, Neal has prevented drug offenses from being charged or has gotten them dismissed or reduced. He has successfully handled forfeitures.

Neal Davis in DUI/DWI Cases

A Houston criminal lawyer may stand for someone that has already been arrested for a criminal offense or maybe the individual authorities in prosecuting the exciting party. A Houston criminal attorneys can easily put on a variety of hats, from counseling an individual against a minor traffic infraction to representing a supposed offender throughout a murder case. In this situation Neal Davis has given up his life to defending individuals in all types of criminal cases. Neal has been named to the Super Lawyers list as one of the top attorneys in Texas. No more than five percent of the lawyers in the state are selected by Super Lawyers.

 Neal Davis practice areas are too different from others because he can able to win any type of criminal cases till now. His defense mechanism is the greatest profit for him, because he is an unusual man dedicated to caring, fighting and winning.


He has handled many cases such as Driving while intoxicated, Securities fraud, Misapplication of fiduciary property, Aggravated sexual assault, Tax fraud, Homicide, Juvenile, Federal crimes, Domestic violence, Drug much more.

Few tips given by him in DUI/DWI cases

 It is crucial to hire a drunken driving lawyer, meaning an attorney qualified to handle DWI cases. Neal is the lawyer he has experience and expertise in DWI cases including being NHTSA certified as an expert in field sobriety testing.

 Here are some common challenges to breathe tests in DWI cases:

• The Machine Was Not Properly Maintained

• The Machine Was Not Properly Calibrated

• The Machine Was Not Properly Operated

• The Machine Was Affected By Radio Frequency Interference (Police Radio etc.)

• The Machine Has An "Acceptable" Range Of +/- .02%

• Your Body Temperature Was Greater Than 98.6

• You Were Tested Within 2 Hours From Your Last Drink

• You Have Medical Or Dental Problems That Make You An Improper Candidate For Breath Testing

• The Officer Did Not Have You Under Continuous Observation For 15 Minutes Prior To Giving You The Breath Test

• Your Symptoms And Drinking Pattern Are Inconsistent With The Test Result

• Manufacturer does not warrant that the Intoxilyzer is fit for any particular purpose

• Residual alcohol in the mouth increased the results

The Prevailing Defense Attorney Against Criminal Offenses

If you were to be accused of an offense or even in a critical situation, you would need a qualified criminal lawyer to represent you. Your aim is to prove that you are blameless and not responsible of the crime. Being guilty of the crime translates into prison time, which is something that no one wants to have to do, especially if you are innocent. Even the responsible will seek out a great criminal lawyer to prove that they're innocent, even when they are not.

So when you are in risk, you need an experienced, qualified Houston criminal lawyer dedicated to caring, fighting, and winning . . .

In this critical situation of facing a criminal charge, it is crucial to get in touch with an experienced criminal lawyer, such as Neal Davis. Veteran criminal lawyer Neal Davis has extensive experience and he is a most dedicated advocate. He has dedicated his career to protecting peoples and businesses in all types of criminal law matters. He is an excellent lawyer with a quick mind, a healthy contempt for the government, and high ethical standards. Who has proven extraordinary record of success at all phases in all types of criminal cases. He has earned the respect of police. Texas Ranger Joaquin Jackson is a law enforcement legend who was a Texas Ranger for almost 30 years. He has written that Neal is a "damn good Texas lawyer."

Winning Cases

• Forfeiture
• State seizure of over $1 million dollars: Money returned.
• Federal seizure of over $1 million dollars: Court ordered money returned.
• Some of the pre-charge investigations
• Federal hate crime, Medicare fraud, Harassment, Indecency with a child: No charges filed
• Deadly conduct, Engaging in organized crime, Explosive device, Possession with intent to deliver over 400 grams of cocaine and ecstasy ,Marijuana, prostitution, terroristic theft – the case was Dismissed.

Hence don’t wait for an aggressive, experienced legal representation. Contact Neal Davis and lead your life in a happy manner .Call him at - 713-227-4444 any time or Contact him through the http://houstoncriminalattorney.com/contact.html for the free initial consultation.

Crime Statistics

Crime rates are published each year in a report that looks at both reported and unreported crimes. National, local and street level crime information is now available online

How crime is measured

Crime is measured in two ways:

• The police keep a record of all crimes reported to them
• The government carries out a large household survey to ask the public about their experience of crime

Why are both crime measurements needed?

Both methods give a complete count of all crime, and they have different strengths and weaknesses.

Police records cover all crime reported to or identified by the police. This includes both commercial and ‘victimless’ crime (such as possession of drugs) as well as crimes reported by the public. However, only about 40 per cent of crimes are actually reported to the police.

To fill that gap of unreported crime, the crime survey asks thousands of people each year about their own experiences with crime. This means that crimes that are never reported to the police are included. However, the crime survey does not cover commercial crime or so-called ‘victimless’ crimes (such as possession of drugs). Also, because it is a survey of crime victims, it cannot cover murder.

Used together, though, the police records and the annual crime survey form a picture of crime trends in the country. A detailed report covering both measurements is published each year, with brief updates published quarterly.

The justice system where you live

There are several different ways of bringing offences to justice. Many offences result in convictions in court, others are 'taken into consideration' by judges and magistrates when criminals are sentenced for different crimes. Less serious offences are handled outside of courts through cautions, penalty notices (on-the-spot fines) or verbal warnings given by police.

Generally, it's hard to fairly compare the number of crimes reported to police with the number of crimes brought to justice. There are several reasons for that, including:

• It can take months or years for criminals to go on trial for their crimes
• One arrest can solve many crimes
• One crime can involve several offenders

Jury Service

Jury service is something that some people may be asked to do in their lifetime. Being on a jury is a 'civic duty' and helps decide the outcome of criminal (and civil) trials in a court.

What a jury does

• A jury decides whether someone is innocent or guilty of committing a serious crime - like murder, rape, burglary or fraud.

• You may be asked to be on a jury at a civil trial - like a personal injury case.

• A jury is made up of 12 members of the public, randomly selected using the electoral registers.

When you can’t be on a jury

• Ever had a prison or youth custody sentence of more than five years

• Have been in prison or youth custody for any length of time in the last ten years

• Have or have had a mental health condition or mental disability

Being asked to do jury service

• If you're selected for jury service, you’re sent a 'jury summons'. This tells you the time and date you need to be at court.

• You must complete and return it to the Jury Central Summoning Bureau within seven days from the day you get it.

• You’re then sent details of how to get to the court and what to expect once you're there.

How long jury service lasts

• Jury service usually lasts for up to ten working days.

• Many trials last only two or three days, so you may be on a jury for another trial.

• If a case is complex (like fraud) it could take longer than ten days. You’re asked at the court if this would cause you any difficulties.

Asking to be excused from jury service

• If you can't do jury service at any time during the next 12 months you must state the reason on the form. You’re normally asked to give evidence - like a letter from your doctor about a medical condition you have.

• If you have served on a jury within the previous two years you have a right to be excused.

Childcare costs - or if you're caring for someone

• You can claim for child minding costs from the court if:

• You don't normally have a child minder but need one because of jury service (it's not part of your usual childcare arrangements)

• You do normally have a child minder but need them for more hours than usual because of jury service

The same applies if you need to employ a carer to look after someone you normally care for.

Claiming loss of earnings and other costs

• Jury service is unpaid but you can normally claim an allowance for certain things up to a certain amount. This includes travel costs and loss of earnings.

• You make a claim at the end of the period of jury service. On your first day, the jury manager explains how to claim your expenses.

• Financial support and benefits (like Jobseeker's Allowance) are unaffected for the first eight weeks while on jury service.

If your jury service lasts longer than this, contact your local Jobcentre Plus office. You can also contact the court for advice.

Tips For Crime Prevention

Crime is a growing problem all over the world. We can work towards preventing it. A lot is being done some more has to be done. You can play a vital role in helping prevent crime.


Houses, which are left unlocked, vehicles left uncared for and jewelry which is exposed are the easiest targets of a criminal. 80% of the criminal offences reported clearly show the negligent attitude of the victims whose properties have been attacked. If proper precautions were taken by people, 60 to 80% of such offences could have been prevented. Though primary responsibility to prevent and detect crime rests with the Police, role of every citizen in his day-to-day life also plays an important part in preventing crime. Steps taken by you to secure your property would definitely bring down crimes and this will give more time to the Police to prevent and detect other serious types of crimes committed by professionals.

The Family and Home

Members of your family, particularly women, children and elderly could be given practical advice on how to feel safer and more secure. The risk of being exposed to crime can be reduced further by taking simple precautions. How can you reduce the risk of your house being burgled are explained. Simple precautionary measures can keep the burglars away from your house. Movable properties like vehicles, cash, credit cards and worn jewelry are some of the articles susceptible for theft. These offenses are usually committed on streets. You can prevent these offenses by following some of the precautionary measures

Community policing is the term frequently used to emphasize the involvement of community in prevention of crime. You, as a member of the community, can do a lot to prevent crime.

The Florida young accused charged as Adult butCan’t Get Death Penalty

The Florida young accused of killing his parents with a hammer and then celebrations with his friends, was charged as an adult but is not eligible for the death penalty because of his age, prosecutors say.

Life in prison without parole is "the only feasible option that remains on the table for him," said chief assistant criminal defense attorney attorney Thomas Bakkedahl. "While it may not be pleasing to me, that am all we've got."

Tyler Hadley, 17, was charged today with two counts of second degree murder which will keep him in jail while the state attorney's office assembles imposing judges, the only way to prosecute Hadley for first degree murder. In Florida, first degree murder will have two punishments: the death penalty for people 18 or older or life in prison without parole.

Prosecutors decided to seek first degree murder charges against Hadley after seeing the damage done to the bodies of Hadley's parents during the medical examiner's autopsy.

Hadley's public prosecutors, Mark Harllee, told the Associated Press he had met with Hadley, but didn't discuss the teen's state of mind.

"We will be representing him enthusiastically, and the next step we will take is to enter an appeal of not guilty on his behalf," he said.

Jurors will expect meet in August, Bakkedahl said.

New Laws to Protect Children and Elderly

Governor Bobby Jindal stood with law enforcement officials to highlight five new laws that were part of the Governor's 2011 Legislative Package and will help crack down on sex offenders, locate missing children and protect the disabled and elderly.

Governor Jindal held a ceremonial bill signing for the new laws, including

• HB 49 by Rep. Leger - which explains the human trafficking statutes;

• HB 55 by Rep - Thierry which criminalizes the accessing or using of social networking websites, chat rooms and peer-to-peer networks by certain registered sex offenders;

• HB 86 by Rep - White, which enhances the penalties for sexually abusing a person with a physical or mental disability or a person over the age of 65;

• HB 94 by Rep. Katz - which transfers the lost and browbeaten Children Information Clearinghouse from DCFS to the Office of State Police;

• HB 131 by Rep - Templet, which ensures sex offenders do not avoid their registration requirements

These new laws will surely have some changes for the peoples.

Man gets 120 years in prison for girlfriend's murder with no chance of parole.

BOZEMAN - A 39-year-old Three Forks man prisoner of shooting his former girlfriend to death and burning her body in a barrel was sentenced Tuesday to 120 years in prison with no chance of parole.

 District Judge Holly Brown sentenced Jay Myran for the May 12, 2009, passing away of 53-year-old Gayle Brewster at her Three Forks home. Myran was given 100 years in prison for deliberate homicide, 10 years for tampering with evidence and another 10 years for using a weapon.

He was prisoner in May of killing Brewster and was accused of recruiting his then 13-year-old son to help burn the body.Criminal defense attorney Peter Ohman argued that Brewster played a role in her own death because she shoved the barrel of Myran's gun into her mouth during an argument before it by accident discharged.

"This was a terrible set of situation that resulted in (Brewster's) death," Ohman said in court. "The defendant was in a condition that got out of hand."

But Brown did not agree his argument.

"This was not a crime of fervor or self-defense," she said. "This did not an accident. This was a preplanned criminal act."

Brown also ordered Myran to pay $7,998.75 in compensation and to register as a violent offender.

The world's oldest prisoner at 108-years was released from an Indian prison

The world's oldest known prisoner at 108-years was released from an Indian prison based on humanitarian grounds recently. Brij Bihari Pandey, a Hindu priest, had been helping a life sentence for a quadruple murder in 1987. His age was 84 at the time.

Gorakhpur prison officials said that his reoccurring health problem paved the way for his early release.

"It was very difficult to take care of a 108-year-old prisoner," said jail Superintendent SK Sharma. "So that we moved an application for his release and the court accepted it."

In 1987, Bihari and 15 others killed four people over the meeting of a rival as chief priest of a Hindu temple. His tryout lasted more than two decades. Finally, he was sentenced in 2009.

Bihari can hardly hear and speaks in monosyllables. He could neither identify his nephew's wife, Krishnawati, nor her son Avneesh. Avneesh along with two others finished the bail formalities and protected Bihari's release from jail.

Avneesh said Bihari ate rice, pulses and vegetables on Saturday. But the old man “Bihari” had refused to eat when he reached home on Friday night.

"Baba (Bihari) still believes he is in jail. At times he starts talking to the jailor and then suddenly says something to an fantasy jail doctor," said Avneesh. "His voice also has become unclear and almost out of earshot. It seems old age and a hard jail life has led to memory loss."

He said the only relieve is that at times Bihari is able to recognise his sister, Vandana. Avneesh was three at the time of Bihari and 15 others killed four people on June 15, 1987. Because he is weak and unable to walk, he was carried from the jail to a relative's car. Bihari hugged guy inmates, who placed a garland of flowers on him.

Jail officials said he obtain the garland with a broad smile and said: "God is great. Thank you."

Reducing drug use by young people

Drug abuse, refers to a maladaptive pattern of use of a substance that is not considered dependent. Some of the drugs most often associated with this term include alcohol, amphetamines, barbiturates, benzodiazepines (particularly temazepam, nimetazepam, and flunitrazepam), cocaine, methaqualone, and opioids. Use of these drugs may lead to criminal penalty in addition to possible physical, social, and psychological harm, both strongly depending on local jurisdiction. Building on this success, the Government has recently renewed its efforts to reduce substance misuse by young people.

 Drug Strategy

In February 2008, the Government launched a new 10 year Drug Strategy,
Drugs: Protecting Families and Communities.

This continues to focus on young people and introduces families as a priority for the first time, demonstrating the Government’s commitment to reducing the harm that children experience from either their own or a parent’s misuse of substances.

• Taking a long term view of prevention by intervening early with families at risk,improving treatment for parents with drug problems and protecting their children;

• Improving drugs education and strengthen the role of schools and children’s services in identifying problems and intervening early

• Integrating substance misuse issues within mainstream children’s services and targeted youth support, improving access to positive activities and ensuring effective specialist treatment for under 18s.

The commitment is demonstrated by our intention to re-classify cannabis as a Class B substance.

Houston car accident lawyers

Car accident cases

If you are involved in car accidents, you have to think about the followings:

• What are the things you need to do after an accident?
• When you should contact the insurance company and other driver’s insurance
• Whose fault is need to be analyzed
• Want to think about to start a court case

After an accident occurs, to help your deal with court cases, you must:

• Report your accident cases immediately to the police
• Get repair quotes and witness details
- After the accident, will want to know the cost of repairing the car, and whether it is worth to repair the car.
• Gather proof
- Write down the names and contact details of any witnesses and also take photos of the place where the accident happened or any damage to your car or the other driver’s car.
• Exchange your details with the other car driver’s
- The people involved in car accident should have each other’s contact details.
• If you are insured contact your insurance company soon
- Tell your insurance company about the car accident even it’s not your fault or the damage to the car is minor.

After the accident, you should check:

• Whether you or the other driver have insurance
• The type of insurance

The driver of a car is not always responsible for the damage happened. It may also depend upon:

• Car owner like employer
• Car Hire Company

If you are trying to claim money to your car after an accident:

• The claim must be made within 6 years after an accident occurred
If you want to start a court case, think about the strength of your claim by getting Legal advice.

To file a case:

• Choose appropriate forms that need to fill out. File with the court and give to other party.