Houston Criminal Lawyer: Facing An Arrest For Drug Trafficking? by houstonlawyer


									         Houston Criminal Lawyer: Facing An Arrest For Drug Trafficking?

Drug trafficking is generally referred to as the
manufacturing, transporting and distributing of
large quantities of drugs. It often involves more
than one person. Drug trafficking charges are
wide and varied depending on the scope of the
trafficking. Additionally, if the drug trafficking was
directed towards minors, then prosecutors will
seek enhancements to the charges. State and
federal governments have adopted strict laws and
severe penalties regarding the trafficking of
drugs. Penalties can approach seven figures and
decades in prison for severe cases. Houston
Criminal Lawyer Charles Johnson has proven
how to successfully approach and handle
these types of cases and he should be
contacted immediately when an arrest is
made for drug trafficking.

Drug Trafficking is probably the most charged
offense in federal court and is also quite prevalent
in state courts. Because of the severity of the
sentences, evidence and all circumstances and
conditions  regarding  your   arrest  will be
thoroughly examined by the Charles Johnson Law
Firm and their team of experienced investigators. Drug trafficking cases can be quite involved, and with the
vast amounts of drugs coming in from Mexico, prosecutors are aggressively pursuing convictions.

Types of Drug Trafficking Laws

Drug trafficking laws vary by country and region, but generally include distribution, manufacturing, and
dispensing certain categories of controlled substances. Usually, the drugs are classified according to type and
the 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 are
commonly handled under customs law.

Possession of drugs with the intent to sell routinely falls under drug trafficking statutes. If someone is found
with a large amount of narcotics, it may be presumed that he or she intends to distribute the drugs for
money. Different regions determine how much and what kind of drug is considered outside limits for personal
use. Penalties for violations of these drug trafficking laws are often based on the quantity of the substance
and its type.

Those who manufacture drugs may be charged under drug trafficking laws in most places. These sections of
the 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 a
crime. For example, if drugs are sold from a house or vehicle, a judge may order that those assets be forfeited
to the government. The property is typically sold at a public auction, with the proceeds going to fund narcotics

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 a
possession charges becomes a trafficking charge. Even if you are only going to used the drugs for your
personal consumption, the amount that you possess could bring a trafficking charge. You may also qualify for
a distribution charge if it appears that a small amount of drugs was packaged for distribution. Each state is
different as to the amount necessary for the trafficking charge. Under the federal statute you can be charged
for the amount you have and or the amount you were trying to buy from a government agent. You may never
actually possess the drugs, but you will be charged.

Supplying drugs to children or using minors to distribute narcotics generally carries tougher penalties than
those that apply to adults. In some areas, maintaining a home for the purpose of making or distributing drugs
where children live is also considered a more serious drug trafficking offense. Stiffer sanctions might also be
imposed for those who sell drugs near schools, playgrounds, arcades, and other areas where children

Laws also exist that regulate drug trafficking by criminal gangs or organized groups. Penalties might be
enhanced if weapons are used in the distribution of a controlled substance. Those with profits from organized
sales of narcotics can also be prosecuted under money laundering statutes in some jurisdictions.

Defenses for Drug Trafficking Charges

Houston Criminal Lawyer Charles Johnson will provide skilled advice and representation to clients
facing state or federal drug charges. He is considered an expert when defending against charges related

         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

Drug trafficking charges often hinge on the prosecution’s illegal search and seizure of your vehicle, undercover
drug operations, and confidential informants who are attempting to make a deal. As an expert lawyer skilled
in drug cases, Attorney Johnson will thoroughly investigate how the prosecution came upon the evidence
collected and determine if the method of collecting the evidence is in violation of your constitutional rights.

The court will have no choice but to keep any illegally obtained evidence out of trial. Attorney Johnson’s ability
to thoroughly investigate drug cases and vigorously challenge the factual and constitutional merits of the
prosecution’s case has proven effective in his defense of clients facing drug trafficking charges involving
cocaine, 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 be
suppressed (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 drug
offense is whether the police themselves acted in a legal manner. Other defenses include areas such as
whether the actual weight of the substance was correct when allowing for hydration, whether the chemical
composition of the substance was correct as charged, whether there was joint or constructive possession of
the substance which could subject the case to a Motion to Dismiss and whether the accused was entrapped
into 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 to
counsel and right to remain silent. Once charged or in custody, you are required to be informed of your rights
and given access to legal representation if you request it. Contact Houston Criminal Lawyer Charles
Johnson immediately upon arrest before saying anything that could be used against you in the
future. This can often mean the difference between a conviction and walking away free of any charges. You
would 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 consumption

Lastly, Attorney Johnson will determine if inappropriate charges were filed. Drug trafficking is a highly political
issue, and you may find yourself facing inflated charges. The right attorney can insure that any charges you
do 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 this
complicated 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 defend
your case. Whether it is identifying a drug addiction issue so that we may assist in getting them treatment or
counseling, negotiating a fair resolution in an effort to have charges or a sentence reduced or preparing and
taking 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 by
prosecutors when they prosecute a drug case. Attorney Johnson will use this knowledge to his client’s
advantage while defending their cases to get the best possible outcome on their behalf.

We are proud to represent and care about our clients. We know the devastation that a drug conviction, an
addiction or incarceration for a drug offense can bring to an individual or his/her family. We will answer your
questions and guide you through the whole process, working to take away some of the confusion and
uncertainty that comes along any drug offense charge, while all along seeking the most favorable outcome for
you or your loved one.

Drug Trafficking by Criminal Gangs

There are nearly 1 million active gang members in the United States, based on analysis of federal, state, and
local data, and the involvement of criminal gangs in domestic drug trafficking is becoming increasingly
complex. Since 2001, many gangs have advanced beyond their traditional role as local retail drug distributors
in 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 criminal
groups 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 control
over drug distribution in rural and suburban areas and acquire drugs directly from Drug Trafficking
Organizations (“DTOs”) in Mexico or along the Southwest Border.

In 2009, midlevel and retail drug distribution in the United States was dominated by more than 900,000
criminally active gang members representing approximately 20,000 domestic street gangs in more than 2,500
cities. These street gangs vary greatly with respect to their ethnic or racial identities, the types and amounts
of drugs that they distribute, their strength and influence, and their adaptability. Their prevalence varies
geographically, 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 distribution
outside 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 Southwest
and Great Lakes Regions, began to command greater influence over drug distribution in many rural and
suburban areas. This trend continued in 2009. For example, in 2009, the Avenues street gang based in Los
Angeles, California, expanded its operations to distribute drugs in suburban and rural locations throughout
southern California.

To increase their control over drug trafficking in smaller markets, street gangs have been increasingly
acquiring larger wholesale quantities of drugs at lower prices directly from DTOs in Mexico and along the
Southwest 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 purchasing
directly from Mexican wholesale sources in Mexico or along the Southwest Border, gangs throughout the
country realize cost savings that enable them to sell drugs at lower prices than local independent dealers in
small communities, driving these dealers out of business. For example, members of the Chicago-based Latin
Kings 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 traffickers
in Chicago. With this savings, the gang undersells other local dealers who do not have the capacity to buy
large wholesale quantities directly from Mexican DTOs in Mexico or along the Southwest Border.

Hispanic prison gangs, primarily in Southwest Border states, are gaining strength by working directly with
Mexican DTOs to acquire wholesale quantities of drugs and by controlling most street gangs in areas along the
Southwest Border.

Prison gangs are active in all 50 states and are increasing their influence over drug trafficking in areas along
the Southwest Border (see Table B4 in Appendix B). Prior to 2001, the criminal influence of prison gangs was
limited primarily to retail-level drug distribution. However, since that time, Hispanic prison gangs have
become 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 Southwest
Border states have increased their involvement in wholesale drug distribution activities through cooperative
relationships with Mexican DTOs. Through these relationships, Hispanic prison gangs are able to gain access to
wholesale quantities of drugs. For example, in September 2009, 21 members of HPL were convicted in the
Southern District of Texas (Houston) of conspiring to distribute more than 150 kilograms of cocaine and
laundering millions of dollars in drug proceeds. In April 2009, 15 members and associates of the Raza Unida
prison gang were indicted for trafficking multikilogram quantities of cocaine and methamphetamine weekly in
McAllen 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. Through
force or intimidation, Hispanic prison gangs exercise significant control over local gangs that distribute their
drugs 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 trafficking
drugs in El Paso.

Potential Penalties for Drug Trafficking

The penalties for drug trafficking offenses vary and depend on a number of factors. These include the type
and amount of illegal drugs (also called “controlled substances”) found in a person’s possession, whether the
person 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. It
may be anywhere from a state jail felony, which carries the lightest sentence, to a first degree felony, which
carries the harshest. The factors influencing which sentence will be imposed are: (1) the amount of the drug
being distributed or delivered; and (2) the type of drug and which of the four groups of drugs it is classified
under. 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 to
defendants where they may offer a charge with a lesser penalty in exchange for information that would help
them 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 more
than $10,000 for a state jail felony, to life in the Texas Department of Criminal Justice or a term of 15 to 99
years in prison and/or a fine of not more than $250,000 for the heaviest first degree felony. The harshness of
the sentence imposed depends on how much of the drug is being trafficked. For example, trafficking or
distributing less than one gram of a substance in the first grouping of drugs carries a state jail felony charge,

whereas trafficking 400 grams or more of any one of the same drugs carries a first degree felony charge that
may include a life sentence.

At the Federal level, the Controlled Substances Act (PL 91-513, 1970, last amended in 2000) provides
penalties 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 the
larger the quantity involved, the stiffer the penalty. Trafficking of heroin, cocaine, LSD, and PCP, all Schedule I
or II drugs (see Table 2.1 in Chapter 2), includes mandatory jail time and fines. A person caught selling at
least five hundred grams but less than five kilograms of cocaine powder (seventeen ounces to just under
eleven pounds) will receive a minimum of five years in prison and may be fined up to $2 million for a first
offense. (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 more
than a bag of M&Ms candies (47.9 grams). The high penalty for selling crack is an expression of the unusual
severity 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 higher
quantities 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 life
imprisonment. These examples are for an individual. Higher penalties apply if an organized group is involved
or 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 five
years in prison and a fine of up to $2 million, involves trafficking in LSD, where a one-gram amount carries a
five-year minimum sentence in prison.

Special penalties exist for marijuana trafficking, since it may be traded in large quantities or grown in
substantial amounts. The lower the amounts sold or the fewer the plants grown, the lower the sentence. A
person cultivating one to forty-nine plants or selling less than fifty kilograms of marijuana mixture, ten
kilograms or less of hashish, or one kilogram or less of hashish oil may get a maximum sentence of five years
in prison and a maximum fine of $250,000. Sentences for second offenses involving large amounts of
marijuana 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 current
political climate. A conviction can lead to jail time, forfeiture of property and fines, but that is only part of the
story. It places your current employment in jeopardy, places a severe emotional strain on you and your
family, 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 Law

A drug trafficking conviction can have an extremely adverse effect on a person’s current and future life in
many regards. Both state and federal prosecutors have their eye on a conviction of the most severe charges
possible and not on your rights. Houston Criminal Lawyer Charles Johnson will work diligently with prosecutors
regarding 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.

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 in
an organized drug trafficking business with sale, distribution and manufacturing activities. We also defend
charges involving controlled substances, such as, marijuana, crack, paraphernalia, cocaine, heroin, ecstasy,
methamphetamines (meth), hallucinogens such as LSD, oxycontin, oxycodone, hydrocode, xanax, and
Rohypnol club drugs. We represent all levels of people charged with drug offenses, from the student or small
time person, to the professional, medical doctor or person accused of being a large scale distributor or

If you have been arrested for drug trafficking in Houston, TX, take fast action with a skilled and resourceful
Houston Criminal Lawyer. Contact the Charles Johnson Law Firm immediately anytime night or day
for 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.

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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 Johnson
Solving Problems...Every Day®

815 Walker Street #1047
Houston, TX 77002

E-Mail: charlesjohnson@houstonlawyer.com

Phone: (713) 222-7577
Toll-Free: (877) 308-0100

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