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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.

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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

operations.

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

congregate.

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

to:

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, 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.

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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.

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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.

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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,

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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 Firm

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.

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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

trafficker.

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

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http://www.houstonlawyer.com

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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