Showing posts with label illegal drug possession texas drug possession. Show all posts
Showing posts with label illegal drug possession texas drug possession. Show all posts

April 2, 2012

Paris Hilton Drug Problem Follow Her Overseas

By Megan Breckenridge, Staff Writer
SULLO & SULLO, LLP


HOUSTON—Stars in the United States have long enjoyed our nation’s brand of "celebrity justice", but overseas their status is often overlooked. Case in point: The Japanese government’s recent refusal to allow Paris Hilton into the country after pleading guilty to misdemeanor drug charges in Las Vegas.
Hilton joined the ranks of such pop icons as Paul McCartney and the Rolling Stones when she was delayed by immigration authorities at Narita International Airport and officially denied entry into Japan. Her trip came just two days after she plead guilty to drug possession and obstructing an officer; and was sentenced to one year of probation, a $2,000 fine, 200 hours of community service and completion of a substance-abuse program. Japan has strict immigration laws that bar entry to those convicted of drug offenses, although exceptions are occasionally granted. 

The 29-year-old celebrity socialite was supposed to promote her fashion and fragrance lines at a news conference on the morning of Wednesday, September 22, in Tokyo. She arrived Tuesday evening but was stopped at the airport and spent the night at a hotel there after being questioned by officials.
Tokyo was the first stop on Hilton’s planned Asia tour, during which she was to visit Kuala Lumpur, Malaysia, and open a new retail store in Jakarta, Indonesia. She was forced to cancel all of her appearances, which she has said she will make up at a later date. 

Driving Under the Influence (DUI) and

By Independent Staff Writer

What is a Charge of
DUI?
· If you are under the age of twenty-one (21) and you are found to have been driving in Texas with any measurable Blood Alcohol Content (BAC), then you may be charged with DUI, or Driving Under the Influence; 
·  It is important to note that Texas is a zero-tolerance state, which means that BAC measurements do not have to meet the 0.08% minimum to result in a minor being charged with DUI. Moreover, if a minor charged with DUI is determined to have a BAC of 0.08% or higher, then he or she may be subject to more severe penalties, described in more detail further below. 
· If a minor charged with DUI is under the age of 18, he or she must have a parent or guardian present with him or her at all court appearances, and at any court mandated Alcohol Awareness Program classes.
 · If, after a conviction, a minor satisfactorily fulfills all of the court’s requirements, he or she may be able to have his or her record expunged at the age of twenty-one.
What are the Penalties for a Charge of DUI? 
A First Offense DUI (any measurable BAC) is considered a “Class C” Misdemeanor, with the following penalties:
· A fine of up to $500;
· A sixty (60) day Driver’s License Suspension;
· A defined period of Community Service;
· Mandatory enrollment in a Program for Alcohol Awareness;
 A DUI with a BAC of 0.08% or higher will result in the following, more severe penalties:
 · Incarceration for up to 180 days;
· A fine of up to $2000;
· A one year Driver’s License Suspension;

Other Alcohol-Related Charges against Minors:

What is a Charge of MIP?
If you are under the age of 21, and are found to be in possession of alcohol, then you may be charged with MIP, or Minor in Possession (of Alcohol);

What is a Charge of M
IC?

If you are under the age of 21, and are found to have been consuming alcohol, then you may be charged with MIC, or Minor in Consumption (of Alcohol);
 

Driving While Intoxicated (DWI): Definitions and Penalties

By Independent Staff Writer
 

What is a Charge of DWI?

· If you possess a regular driver’s license, and you are found to have been driving in Texas with a Blood Alcohol Content (BAC) of 0.08% or higher, then you may be charged with DWI, or Driving While Intoxicated;

· It is important to note that the definition of DWI is simply that one’s physical and/or mental faculties were impaired while he or she was driving. As such, the charge of DWI is not limited to only being a charge involving intoxication from alcohol. It can also arise out of intoxication from drugs, including illegal narcotics or even legal prescription drugs.

· If you are found to have been driving in Texas with a BAC of 0.12% or higher, then you may be subject to higher penalties for DWI than if your BAC was only higher than 0.08% (but below 0.12%);

· If you are the holder of a Commercial Driver’s License (CDL), and you are found to have been driving any vehicle in Texas, commercial or otherwise, with a BAC of only 0.04% or higher, then you may be charged with DWI. In this case, a conviction will result in an automatic revocation of your CDL;

· If you are found to have been driving in Texas with a BAC of 0.08% or higher (0.04% or higher for Commercially Licensed Drivers), and you caused an accident resulting in specific injuries, then you may be charged with Intoxication Assault;

· If you are found to have been driving in Texas with a BAC of 0.08% or higher (0.04% or higher for Commercially Licensed Drivers), and you had a child under the age of fifteen in the vehicle with you at the time, you may be charged with a State Jail Felony DWI with a Child Passenger;

· If you are found to have been driving in Texas with a BAC of 0.08% or higher (0.04% or higher for Commercially Licensed Drivers), and you caused an accident where death occurs, you may be charged with Intoxication Manslaughter;

Drug Violence in Mexico Spills into U.S.

By Megan Breckenridge, Staff Writer
SULLO & SULLO, LLP



HOUSTON—Although Mexico has long been a source of production and transit for illegal drugs, the country now finds itself embattled with powerful and well-financed drug cartels. An upsurge in drug-related violence can be traced to the end of 2006 when President Felipe Calderón launched an aggressive assault on drug trafficking organizations by deploying tens of thousands of federal police and soldiers to reign them in. But his initiative has been largely unsuccessful to date, and there is a rising chorus of voices on both sides of the border questioning the cost and fallout of the attack on the cartels. 

Given its geographic location, Mexico has been used as a staging and transshipment point for narcotics, illegal immigrants and other contraband destined for U.S. markets from Mexico, South America and elsewhere for decades. During the 1980s and early 1990s, Colombia’s Pablo Escobar was the main exporter of cocaine and dealt with organized criminal networks all over the world. When enforcement efforts intensified in South Florida and the Caribbean, the Colombian organizations formed partnerships with Mexico-based traffickers to transport cocaine through Mexico into the United States. 

These new allegiances flourished, since Mexico had long been a major source of heroin and cannabis and possessed an infrastructure that stood ready to serve the Colombia-based traffickers. At first, the Mexican gangs were paid in cash for their transport services, but in the late 1980s, a settlement was reached wherein they would be compensated in product. Payment was usually 35 to 50 percent of each cocaine shipment, which meant that organizations from Mexico became involved in distribution as well as transportation, and quickly morphed into formidable traffickers in their own right.
 
With the demise of Colombia’s Cali and Medellín cartels in the 1990s, Mexican gangs stepped up to dominate the wholesale illicit drug market in the United States. Arrests and deaths of key leaders in recent years have led to increasing violence as rival cartels fight for control of the trafficking routes into the U.S. Amid this continuous power struggle, gang leaders often attempt to use law enforcement to their benefit, either by bribing Mexican officials to take certain action against an opponent, or by leaking intelligence about a rival’s operations to the Mexican government or the U.S. Drug Enforcement Administration (DEA). There is also mounting evidence of corruption amid border security and law enforcement officers, with suspicions being raised about agencies on both sides of the border.

To many Mexicans, the rising count of gruesome drug-related murders is evidence that the government’s strategy to combat the cartels has failed. Current estimates put the death toll at close to 23,000 since Calderón took office in December 2006, with numbers increasing exponentially each year. The government insists that the majority of those killed in Mexico’s drug violence were involved in the narcotics trade. But a growing number of bystanders are dying in the crossfire, and Americans are among them. 

Tania Lozoya, 15, of El Paso, Texas, was killed by a stray bullet at her Aunt’s house across the border in Ciudad Juárez in May 2009, after gunfire broke out when two men chased another man into the backyard of the residence. In December, a California assistant school principal, Augustin Salcedo, was killed after he was abducted from a restaurant along with five other men while he and his wife were visiting her hometown of Gomex Palacio, in the northern state of Durango. The motive for the mass abduction is still unknown.
Other Americans appear to have been specifically targeted. 

DWI and No-Refusal Weekends in Texas

By Megan Breckenridge, Staff Writer
SULLO & SULLO, LLP


HOUSTON—In 2008, the National Highway Traffic Safety Administration (NHTSA) reported a total of 37,261 auto accident fatalities in the United States; 11,773 (32 percent) of which involved a driver whose blood alcohol content was above the legal limit. Perhaps even more disturbing are statistics that show Texas as the national leader in alcohol-related crashes, with 1,269 drunk driving deaths documented that year.
Given this information, it’s easy to see why alcohol and drug-related traffic offenses, commonly known as Driving While Intoxicated (DWI), are frequently prosecuted criminal offenses in Texas. If the alcohol concentration in a person's blood, breath or urine is .08 percent or higher, the person is considered intoxicated by law. 

In some cases under Texas DWI law, the legal definition of intoxication is met even if a person's blood alcohol concentration is lower than .08 percent. Having alcohol, drugs or a controlled substance in one's body that causes loss of normal use of mental or physical faculties is also considered intoxication. If a person is operating a vehicle, vessel or even water skis in a public place, he or she is considered to be DWI, which is a Class B misdemeanor in Texas. Boating and operating an aircraft while intoxicated are also considered to be crimes. 

The minimum amount of jail time in Texas for DWI is 72 hours, unless there is an open container of alcohol in the person's possession, in which case the jail time is at least six days. Consuming any amount of alcohol while operating a motor vehicle is also an offense in Texas. 

In addition to jail time, a person who is convicted of DWI the first time will have his or her driver's license suspended for 90 days up to one year. Even if there is no conviction, the positive indication of alcohol from a blood, breath or urine test will result in automatic suspension of the person's driver's license. The option to complete a court-approved DWI education course within 180 days of conviction may be offered as a means of avoiding this suspension. A person who fails to complete such a program when sentenced to do so may lose his or her license. If the case presents unusual facts (i.e.—an accident, alcohol problem, bad driving record, etc.), additional conditions may be imposed. Most conditions are designed to address a problem that appears from the facts or alcohol/drug evaluation that is performed on the subject after conviction and include, but are not limited to, the installation of an ignition interlock device; alcohol treatment; an order to consume no alcohol; confinement; and restitution. 

A DWI Second Offense is considered a Class A Misdemeanor, and requires the court to order, as a condition of release from jail on bond, the installation and maintenance of an ignition interlock device. This machine requires a breath sample before it will allow an individual to start his or her car, and periodic samples while driving to monitor and ensure sobriety. New technology has made the devices “user sensitive” so that another person cannot blow into the machine for the accused.
A DWI Third Offense (or greater) is considered a Third Degree Felony in Texas, and may include a jail sentence of not less than two years nor more than ten years, along with many other stipulations and restrictions. 

Feds Crack Down On Illicit Prescription Drug Sales

By Megan Breckenridge, Staff Writer
SULLO & SULLO, LLP 



HOUSTON—Pharmacies in Illinois and Utah stand accused of illicit prescription drug sales over the Internet, according to court papers filed by federal agents in two U.S. cities. 

Search warrant affidavits allege that both pharmacies, one in Des Plaines, Illinois, and the other in American Fork, Utah, are owned by the same man, Kyle Rootsaert. The company in Des Plaines, now called Rand Pharmacy, combined with another unidentified online pharmacy shipped 30,000 packages of prescription drugs across the country during the first six months of 2010. 

"This is a pretty large ring of at least 200 websites that acted as internet pharmacies that were basically selling drugs—prescription drugs—without requiring a valid prescription," John Horton, a former official in the White House Office of National Drug Control Policy, said in an interview with CNN. "These affidavits indicate this was a multiyear, multimillion-dollar operation involving thousands and thousands of prescriptions. Going back in time, there were even deaths involved with this organization." 

Keeping Your Driver’s License after a DWI Arrest: The ALR Hearing

By Independent Staff Writer

The ALR Hearing:
If you have been charged with DWI (Driving While Intoxicated), the law allows you fifteen (15) calendar days to contact the DPS (Department of Public Safety) and request an ALR (Administrative License Revocation) Hearing. This hearing will usually be scheduled to take place sometime between two to three months from your date of arrest. Failure to request a hearing within this time is considered a waiver and will result in an automatic suspension of your driver’s license.  The objective of the ALR Hearing is to find out if the officer had reasonable suspicion to make the stop, whether there was probable cause, whether the driver was given an opportunity to provide a breath or blood sample, and if there was alcohol concentration above the legal limit.
This ALR Hearing is extremely important for several reasons:
·  This hearing will determine whether or not your driver’s license is suspended;

· 
In the event that your driver’s license is temporarily suspended, this hearing will give you the timely notice needed so that you can take the necessary steps to  request and/or receive an Occupational Driver’s License in its place. In addition, it may save you the embarrassment and the money of a future arrest if you continue driving while your license was suspended.  In other words, having notice that your Driver’s License has been suspended can prevent both another criminal case against you and the possibility of another arrest.
 Note: An Occupational Driver’s License is a driver’s license issued only to individuals who have had their driver’s license suspended. This type of license has restrictions, and only authorizes the holder to drive a passenger vehicle under limited circumstances and for specific purposes, including, but not necessarily limited to, commuting to and from work, attending to certain familial responsibilities, attending court mandated appointments, going to medical appointments, and the like.

· 
This hearing can result in the assessment of the following penalties:

First-time offenders are subject to a possible
90-day driver’s license suspension. This suspension could be doubled to 180 days if it is determined that a breathalyzer test was refused.

Offenders with one DWI conviction in the five-year time period prior to their arrest are subject to a possible
one-year driver’s license suspension;

Offenders with two DWI convictions in the ten-year time period prior to their arrest are subject to a possible
two-year driver’s license suspension;

Texas Felonies and Misdemeanors:

By Independent Staff Writer


Types of Criminal Charges and their Punishments:

First Degree Felonies        Class A Misdemeanor
Second Degree Felonies    Class B Misdemeanor
Third Degree Felonies       Class C Misdemeanor
State Jail Felonies


DISCLAIMER: The information provided below is a general overview of most of the different types of criminal charges and their punishments in the state of Texas. It is important to note that the penal code (laws regarding punishments) is very complex and that an attorney should be consulted for any advice regarding any particular case.
Furthermore: This guide does not provide any information about federal crimes, which are separate from state crimes. If you have been charged with a federal crime, you must contact an attorney who is specialized in federal offenses and their punishments.

Felonies

Capital Felonies:

Capital Felonies are the most serious and severely punished type of crime in Texas and are defined as an individual "intentionally or knowingly causes the death of [another] individual," under special circumstances.
Under Texas Law, a Capital Felony is punishable by:
v  Death by lethal injection; or
v  Life imprisonment

Examples of Capital Felonies:

Committing murder of a public safety officer or firefighter in the line of duty; murder during the commission of specified felonies (kidnapping, burglary, robbery, aggravated rape, arson); murder for remuneration; multiple murders; murder during a prison escape; murder of a correctional officer; murder of a judge; murder by a state prison inmate who is serving a life sentence for any of five offenses; [or] murder of an individual under six years of age;
First Degree Felonies

A First Degree felony is a very serious type of criminal charge in Texas, second only to a capital felony. First Degree Felonies are punishable by:



v  Lifelong imprisonment; or
v  Imprisonment from five to 99 years with a possible fine up to $10,000
v  Possibility of community supervision (adult probation)*
Examples of First Degree Felonies:

Aggravated robbery; Burglary of a habitation with intent to commit or commission of a felony; Murder;
Second Degree Felonies:

Second Degree Felonies are also very serious charges, and are punishable by:

v  Imprisonment of two to twenty years, with a possible fine of up to $10000
v  Possibility of community supervision (adult probation)*