Even the most average drug offense involves a multitude of constitutional and state protections. Whether the offense is a Misdemeanor Possession of Marijuana, Felony Manufacturing or Federal Drug Trafficking, law enforcement agents must scrupulously adhere to the laws that relate to search and seizure, confessions, right to counsel, as well as the scientific methods of identifying illegal substances. Even if the State can prove their investigation was conducted without infringing on the rights of the accused they still must prove their case factually. In a possession case this means that the State must prove beyond a reasonable doubt that a Defendant had actual care, custody, control or management of an illegal substance. Both legal and factual hurdles in a drug case can be difficult for the prosecutor to overcome.
Federal Drug Offenses
The Feds mean business.
Federal drug laws and drug conspiracy laws are broad and sweeping and carry stiff penalties in the Federal system. Unlike state cases involving local police agencies, the FBI, DEA and ATF have virtually unlimited amounts of time, patience and resources to compile mountains of evidence against whole groups of people. Even the people on the periphery of a drug ring are facing serious consequences as if they were in the center. The Federal sentencing guidelines are unforgiving and commonly utilized by the Courts and prosecutors to assess stiff punishment.
If you get a target letter from federal authorities or you are (or have a loved one) arrested for involvement in a federal drug offense it is crucial to get an experienced lawyer immediately. While everyone arrested in a drug conspiracy is in deep trouble some who act fast have a much better chance of weathering the storm.
We have the experience in handling complex drug federal drug conspiracy cases and we know how to deal with the federal authorities.
Delivery of a Controlled Substance
Delivery of a controlled substance acts to increase or enhance the charge of drug possession. It elevates the charges by one degree. For example, possession of less than 1 gram of Cocaine would typically be a State Jail Felony. If it were shown at trial there was intent to deliver or manufacture the Cocaine possessed then the charge would be raised to a 3rd Degree Felony.
Surrounding circumstances generally dictate whether police attempt to add a “manufacturing or delivery” allegation to a drug charge. That would normally be the presence of scales, baggies, large amounts of cash or equipment or ingredients commonly known to create such drugs.
Frequently police overreach on delivery of a controlled substance and it’s important to have an aggressive, experienced defense lawyer who knows how to negate these charges.
Drug Trafficking & Manufacturing
Nearly everything under your kitchen sink and in your bathroom medicine cabinet can be transformed into a highly addictive narcotic. Law enforcement sees any home as a potential lab for manufacturing and distributing drugs. It’s hard to see your neighbors as drug dealers and they probably aren’t, but police are constantly on the lookout for suspicious behavior; even in your neighborhood.
Many of the laws and mandatory sentences that exist today were passed and created at the beginning of the drug war when the manufacture and distribution of drugs were carried out on a large scale only. Capturing and convicting drug lords and king pins, then putting them out of business for good was the goal of these draconian measures. Now these same Federal laws apply to individuals that make and sell blue-collar drugs such as Methamphetamine just to feed their own addiction.
FIGHTING YOUR CHARGE
Most people don’t know how severe the penalties are for drug trafficking and manufacturing. They erroneously believe that if it is for their own use it isn’t trafficking. However, it isn’t your intent that matters; the possession quantities set up by both Texas and the Federal government determine your intent.
If you have been arrested for any trafficking or distribution charge, it is important that an experienced attorney begin working on your defense immediately. The prosecution has a lot to prove. Finding the evidence to fight your charge will be our first priority. Any piece of evidence could hold the key to your acquittal.
At Rosenthal & Wadas, PLLC we are experienced Collin County criminal defense attorneys. Our detailed approach to the case against you is your best defense against a conviction. Give us a call today for a no-cost no-obligation consultation.
Felony records destroy dreams, careers and lives and are the legal version of cancer.
You can realize the seriousness of a felony arrest from the amount of your bond or the treatment you received while you were being processed. It doesn’t matter if you are innocent or even that you are a respected businessperson with a family that loves you, your felony charge becomes your new identity.
At Rosenthal & Wadas, we feel differently. We know that an arrest and charge don’t always add up to a conviction. Despite how you feel about it, the law is on your side. The burden of proof is on the prosecution. Our meticulous approach to your defense makes the prosecution’s ability to show you as guilty very difficult.
FIGHTING YOUR CONVICTION IS OUR PRIORITY
If your felony charge hasn’t dramatically altered your life enough, a felony conviction will affect your future in ways you can only imagine. A felony conviction in Collin County carries stiff fines and lengthy prison sentences. Your career, reputation, and even your relationships may not be waiting for you after you have paid your “debt” to society.
AN EFFECTIVE STRATEGY
Since any piece of evidence or minor detail could be the key to your acquittal, we use every legal means to obtain all evidence from the prosecution, police, any witnesses, and every other involved party. Our detailed approach to evidence allows us to create an effective strategy for your defense. We don’t accept conviction as an option and our defense of you reflects that.
If you have been arrested on a felony charge, you owe it to your future to give Rosenthal & Wadas a call today. As one of the largest criminal defense firms in Collin County, we have the knowledge, experience, and resources to effectively fight your charge.
If Your Are Suffering From Drug Addiction
Nobody plans on a drug addiction. Most people start taking drugs to solve problems such as pain, anxiety, depression, or just plain boredom. The enticement of drugs is that they work well, temporarily. Pain medication addiction usually begins as a legitimate prescription from your doctor after traumatic injury or invasive surgery. Other addictions started out as self-medication, where the drug either eased emotional pain or enhanced performance. Whatever reason you started taking drugs, the solution has become the problem.
A BAD SOLUTION TO YOUR ADDICTION
Sometimes your addiction gets so out of control; you, or people who care about you, start to think that your arrest and conviction is the surest road to recovery. This isn’t the case. The war on drugs ironically includes targeting its victims, the addicts. The system punishes you in ways that take away your future. Lengthy prison sentences and a criminal record make it difficult to return to your life even when you are sober. It also makes returning to drugs seem like a good option.
A BETTER SOLUTION
At Rosenthal & Wadas, we understand the problems that people with drug addictions face. Your addiction will drive you to make poor choices ending with a drug charge for possession or possibly intent to distribute. Help is available before your life descends to this point. Before you become entangled in the legal system’s “solution” for addiction, we can direct you to qualified private providers that can help you overcome your addiction and return to your life.
If you have been arrested on a drug charge, our attorneys take every legal course to fight your charge, negotiating with the prosecution to have it reduced or even dropped. You are still protected by law. Your charge doesn’t strip you of your legal rights. You are innocent until proven guilty and we proceed from that perspective on your behalf.
If you have been arrested for a drug related offense, Rosenthal & Wadas is your best ally. Give us a call today.
Money Laundering in Connection with Drug Trade
Money Laundering under Texas law is codified by Texas Penal Code 34.02 and says,
(a) A person commits an offense if the person knowingly:
(1) acquires or maintains an interest in, conceals, possesses, transfers, or transports the proceeds of criminal activity;
(2) conducts, supervises, or facilitates a transaction involving the proceeds of criminal activity;
(3) invests, expends, or receives, or offers to invest, expend, or receive, the proceeds of criminal activity or funds that the person believes are the proceeds of criminal activity; or
(4) finances or invests or intends to finance or invest funds that the person believes are intended to further the commission of criminal activity.
As you can see this statute is extremely broad and can be construed to hold if a person is in possession of even $1 of drug money – they are guilty of money laundering.
Despite the breadth of this law – according to what they say on sites like https://www.happybuddha-cbd.com/cbd-florida/ these days, it is typically seen in conjunction with other marijuana and drug offenses such as possession with intent to distribute or manufacturing and delivering of a controlled substance. It’s also not uncommon to see law enforcement seek a money laundering conviction where the evidence of possession or the sale of drugs is weak and can’t be linked to a certain person.
Under Texas law, knowledge of the specific criminal enterprise is not required to show a culpable mental state. This does not mean, however, that a juror deciding a money laundering case cannot disagree and think the nexus between the person in possession of the money and the criminal activity are so remote as to cause an injustice by rendering a conviction. Contact Rosenthal & Wadas today if you have been involved in any kind of money laundering dispute and are seeking counsel from experienced attorneys.
Possession of a Controlled Substance
Possession of illegal drugs and controlled substances is an extremely complex area of the law. It’s best to start simply.
Illegal drugs fall into three main categories:
- Prescription pills possessed without a valid prescription
- Drugs made, manufactured or processed by unlicensed individuals
- And marijuana
Possession in Texas is legally defined as “actual care, custody, control or management” so to be in “possession” of anything illegal there must be evidence actually linking the accused to the contraband. Being with someone in possession or merely being in a place where drugs may be (and knowing drugs are present) is not sufficient to sustain charges in-and-of themselves.
The level of offense is dictated by certain factors in the Health and Safety Code Chapter 481.
Those factors are:
- The type of drug
- The amount possessed
- And aggravating factors such as whether drugs were possessed in a drug free zone or possessed with intent to distribute
Search and seizure law is a critical component of defending drug cases. This is because the way the police or any law enforcement attains the evidence in question is subject to a 4th Amendment analysis.
Your lawyer should be an expert in probable cause, reasonable suspicion and up to date on the constantly evolving current case-law on the topic. At Rosenthal & Wadas, we pride ourselves in our aggressiveness on search and seizure issues as well as forcing the State to prove affirmative links to the drugs in question.
Possession of Drug Paraphernalia
Drug Paraphernalia is broadly defined in Texas as “equipment, a product, or material that is used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, or concealing a controlled substance in violation of this chapter or in injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance…”
Possession is the actual care, custody or control of any such contraband.
Possession of drug paraphernalia is a Class C Misdemeanor that is punishable by a fine of up to $500 only. This charge is often one where the police tack-it-on in addition to another arrest such as possession of Marijuana or Cocaine or it is a charge where the police feel you were probably up to no-good and they just can’t prove it. Handling of a paraphernalia charge done in conjunction with another arrest is very important because doing so improperly could actually affect your right to have the entire arrest expunged under Texas law. The attorneys at Rosenthal & Wadas, PLLC have the experience and tenacity to help you defense your case.
Possession/Delivery in a Drug Free Zone
Drug free zones are areas designated by law to increase punishments for drug offenses. The law was designed to prevent drugs being possessed, bought or sold in places like schools or playgrounds. Sometimes, though, law enforcement selectively abuses the spirit of this enhancement by alleging drug free zone violations for arrests where being in the drug free zone is coincidental. Examples are arrests in school parking lots during the summer when school isn’t in session – or an arrest which occurred in a park at 3 a.m.when no children could possibly be around.
Drug free zone violations result in punishment being enhanced by one level. For example, possession of a usable quantity of marijuana under two ounces is normally a Class B Misdemeanor. If the offense occurs in a drug free zone then it’s increased to a Class A Misdemeanor.
Just because the police allege something occurred in a drug free zone doesn’t automatically make it so. An aggressive criminal defense attorney with knowledge of the law can fight and win against these charges.
Prescription Drug Arrests/Possession
It’s illegal to possess prescription drugs without a prescription. Prescription drug arrest range from cases where someone has hundreds of pills down to where a juvenile brings a few of his parents’ pills to school.
Possession is legally defined in Texas as actual care, custody, control or management of the contraband in question. This means it may be legally insufficient to show a person had knowledge of prescription drugs or was merely in close proximity to someone in possession.
As with other narcotics, the degree of offense of the possession of a prescription drug is controlled by the type of drug possessed, the amount possessed and the circumstances surrounding the possession (whether it was in a drug free zone or done with intent to distribute).
Defending prescription drug cases requires a multi-faceted approach involving legal analysis of the search and seizure of the drugs; possession of the drugs; and rehabilitation and/or drug treatment if necessary. It is important to have experienced and aggressive counsel. Call Rosenthal & Wadas today to help you defend your case.