When does a drug crime become a federal offense?
Whether a state or federal court tries you for a criminal offense will affect the severity of the consequences before you. In the case of drug-related crimes, it may not be immediately clear if the offense warrants prosecution at the federal or state level.
It stands to reason that if you are under accusation for a drug offense, the local legal system will process your case. However, you can better know what to expect by understanding when a drug crime becomes a federal offense.
What constitutes a federal drug offense?
In some cases, a particularly significant volume of drugs may be enough to escalate a criminal case to the federal courts. Drug trafficking operations that extend across state lines are also federal offenses, regardless of the number of illegal substances transported. Any crime that takes place on or otherwise utilizes federal property is beyond state jurisdiction as well.
What constitutes a state-level drug offense?
The Texas Department of Public Safety reports 88,651 drug abuse arrests in the state for the year 2020, illustrating the fact the potential volume of offenses triable at the state level. These offenses can include the illegal possession, sale, or manufacturing of narcotic drugs. The possession of any substance, such as hemp, which is illegal federally but legal in Texas will not result in a criminal charge within the state.
Most drug crimes are within the jurisdiction of state-level courts. If your case escalates to the federal level, whether rightfully or wrongfully, you need a strong defense strategy to match.
Can this action lead to shoplifting charges?
When people think of shoplifting charges, they typically think of someone going into a physical store and stealing an item from the shelves.
However, shoplifting as a crime actually covers more actions than this simple act of physical theft. What else can lead to a shoplifting charge, then?
Texas Penal Code discusses numerous other offenses that carry a shoplifting charge beyond simply stealing items.
Concealment of items
First: concealing items. It is something that some people do without any nefarious intentions. If a person, for example, puts a pair of sunglasses into a box of shoes when they ant to buy both, they may do so to make the items easier to carry. However, employees might have a suspicion that the person is attempting to hide an item so they can remove it without payment.
Disabling security devices
Next: removing or disabling security devices. The use of tools to disable security cameras can result in a person getting arrested before they even leave the store, whether or not they intended to actually steal anything or even have any contraband on hand.
Messing with price tags
Finally: messing around with price tags. The removal, alteration or replacement of price tags is a punishable offense. People sometimes attempt to do this in order to avoid outright stealing. However, attempting to get an enormous discount through a false price tag is still a form of theft. Thus, the penal code will treat it as a shoplifting incident.
Any of these actions can land a person with the same sort of charges that someone outright stealing could face.
Do you know your Miranda rights?
Most people have at least heard of their Miranda rights, as it is a classic line in many films and television shows focused on police work.
However, not as many people understand how Miranda rights work in real life or what it means to invoke them.
Who uses their Miranda rights?
Miranda Warning discusses how Miranda rights work in real life. First, it is important for someone to make it clear that they are invoking their Miranda rights after police read them. This is important to avoid ambiguity in the future.
Next, one must understand that not only guilty people will invoke their right to remain silent. In fact, it is suggested that everyone – even those who are innocent – invoke their Miranda rights to avoid self-incriminating statements or behaviors. After all, an attorney knows how to navigate these situations much better than the average person and can help to avoid any missteps.
What do Miranda rights offer?
Finally, understand what Miranda rights actually offer. They offer protection from self-incrimination via the right to remain silent, as well as the right to an attorney even if a person does not have the personal funds to afford one. An officer must also ensure that they understand these rights.
It is possible to waive one’s Miranda rights in order to speak with police, and many will rely on a person’s lack of knowledge to get them to give up these rights. However, they are an important freedom and only useful if a person actually invokes them. This is why it is a must to know how Miranda rights work.
If a criminal charge for drug offenses results in an official conviction, then a college student might lose their scholarships. Each university may have its own policies surrounding drug abuse which might outline further penalties for prohibited behavior.
As a parent, the best thing you can do for a child that stands accused of a drug-related crime is to help access the resources they need for defending their reputation. You can learn more about the criminal defense process and your role as part of your child’s advocacy team.
Know how to defend against drug charges
In addition to finding the right legal advocacy, you can help your child build a solid defense. Wrongful accusations of drug crimes are often the result of an officer catching an individual in the presence of substances belonging to someone else. Your support can go a long way toward giving your child the peace of mind they need to calmly provide their recollection of events and collect the evidence they need for an acquittal.
Be a supportive ally
Your first reaction to hearing about your child’s arrest for a drug crime might be anger, especially if you are providing financial assistance in paying for their education. However, your child likely understands the impact that this event can have on their future. Providing gentle support may be more likely to facilitate a favorable outcome than beratement for a crime that might not be their fault.
The consequences that a drug crime can have for college students are significant and far-reaching. The best way for a student to continue their education uninterrupted is to secure a favorable verdict with the help of their parents and other members of their support team.
How can a DWI impact your future?
It is important to take DWI charges seriously from the start. Even if it is a first-time charge, it can still result in tremendous impacts to a person’s daily life and future.
But just what are these impacts? How can a DWI – even just one – have an impact on just about every area of a person’s life?
Job loss from jail time
Forbes discusses what happens after getting convicted of a DWI. First, there is the possibility of facing time in jail or enormous fines and fees that can take a substantial amount of time to pay off.
But this is just the start. Due to time in jail, a person may lose their job. They could have trouble finding a new one, too. Though it is illegal in many cases for an employer to discriminate against someone solely because of criminal history, this does not stop them from passing over applicants with a dirty record for applicants with a clean one.
Trouble getting hired
On top of that, many fields simply do not hire people with a DWI on record and it is not illegal for them to do so. Such fields include government jobs, as well as any position that involves interaction with children, like teachers or nannies. Of course, jobs requiring commercial driver’s licenses or the transport of goods are off the table.
Trouble finding housing
A DWI may even impact housing, as many landlords will look over applicants with a record in the same way potential employers might. This is why DWI charges should get taken seriously from the start.
A Texas traffic stop may be a harrowing experience, and you may, like many, feel uneasy interacting with law enforcement even if you have not done anything illegal. However, knowing what rights you have during a traffic stop may help you feel more comfortable when the situation arises and help ensure you do not expose yourself to unnecessary and avoidable legal trouble.
FlexYourRights.org reports that the grounds a law enforcement officer needs to have to conduct a search of your car during a traffic stop differ from those he or she would need to search your home. In most cases, a warrant is necessary for authorities to search your home without your consent. Yet, all a law enforcement officer needs to look around your car without your consent during a traffic stop is probable cause.
What might constitute probable cause
There is a difference between an officer having reasonable suspicion that something unlawful has taken place and that officer has probable cause to conduct a search of your car. Reasonable suspicion is not quite enough to warrant a search to which you do not consent. Instead, the law enforcement officer needs to have evidence or proof that illegal activity is taking place, or just took place, to search your car without your authorization.
What to do when there is no probable cause
When the officer who pulls your car over lacks probable cause and you do not want him or her to look through your vehicle, tell him or her in a polite manner that you do not consent to the vehicle search.
Once you let the officer know you are not agreeing to have your vehicle searched, ask if there is anything else the officer needs from you or if you are free to leave.
What are myths about assault charges?
Criminal convictions, especially those that involve violent crimes, have the potential to alter a person’s life for years to come. It makes sense for a person to feel nervous when facing such charges.
It is important thusly to separate the common myths from the actual facts regarding the justice system, and particularly assault related crimes.
Can old cases be brought to court?
In the penal code of Texas, it discusses assault related crimes. It also debunks many of the most commonly circulated myths surrounding assault charges.
First, some people believe that if a person reconciles with the alleged victim, they cannot face charges. This is untrue. Prosecution actually has two or even three years to take a case to court in Texas, meaning bygones are not always bygones.
Does assault include injury?
Second, some people think that they cannot face charges if the alleged victim does not have any visible injuries. Bodily injury is often a component of assault cases, but this is not always true. Victims do not always need to display an outward injury like bruises or cuts. The threat of bodily harm or even offensive touching could count as assault under Texas law.
Can a victim drop charges?
Third, some people think that the alleged victim can drop the charges they levy against their alleged attacker. However, the victim does not get the final say here. Even if the perpetrator and victim make amends, a crime still happened and it is up to the prosecution if they want to go forward with the case.
Understanding these nuances in law is crucial to knowing more about assault and how Texas handles these cases.
Can you get a DWI from a legal prescription drug?
Most people regard a DWI as the result of driving when under the influence of illegal substances. Drugs like cocaine, heroin, marijuana and methamphetamine could lead to a DWI charge, but so can prescription pain killers, sleeping aids and other medications.
It is not a crime to drive while taking a legally prescribed medication, but you must maintain the safe and legal operation of a vehicle to avoid a DWI charge.
Driving while under the influence
Intoxication can occur from taking prescription medication, over-the-counter medication, alcohol or illegal drugs. Impairment is typically determined by the behaviors exhibited while on the road or in the vehicle, which leads to a traffic stop. According to Texas law, intoxicated is a condition where the individual does not have the capacity to use normal mental or physical faculties on account of:
- Alcohol
- A controlled substance
- A drug
- A dangerous drug
- Combination of two or more prior mentioned substances
- Any other substance in the body
The specific language of this law includes both over-the-counter medications, as well as prescription drugs.
Determining the charge
If a prescription drug causes impairment, the officer is able to ask questions concerning any medications consumed with regard to the quantity and timeline for taking the medication as well as request to see the prescription for the medication. If there is cause for a charge, the officer could request a blood sample to support the charge.
Law enforcement pays close attention to the use of medications like Valium, Vicodin, Xanax, Ambien and Oxycontin. While legal, these prescription drugs could cause significant impairment when in a person’s system.
Do you understand burglary charges?
When many people consider burglary, they may have certain ideas about what this offense entails. However, burglary has a broader meaning than many people realize.
Most people may associate burglary with theft. According to the Texas Legislature, people do not need to take someone’s personal property to face burglary charges. Instead, a burglary occurs when people enter a structure without permission. This structure could take several different forms. It may be a place where people live, such as a home or an apartment building. It can also be a structure where people work, such as an office building or a warehouse. Vehicles also fall under this category.
What are the elements of burglary?
Unpermitted entrance is one aspect of burglary. However, there is another important element of this offense. People usually need to have the intention to commit another offense once they are in a structure. This additional offense could be theft. However, people can also face burglary charges if they intended to threaten or harm the occupants of a structure. Intending to damage the building or vehicle can also result in these charges.
What is the penalty for burglary?
People may face a different penalty depending on the situation. Legal officials may charge someone with a Class A misdemeanor for entering a vehicle. For the burglary of a house, members of law enforcement may impose second-degree felony charges. If people intended to harm the occupants, they could face first-degree felony charges instead. If people receive a conviction, they may need to pay a fine, as well as spend time in prison.
People may face more serious consequences if they have prior burglary convictions on their record.
Social media and your DUI
If you are convicted of a DUI, you may be uncertain about what is ahead of you. There can be many variables, and the future may seem unclear.
While there can be a lot of different things that impact your case, that does not mean that you have no options. Understanding how social media impacts you and your case can help you make better choices.
What happens when you get a DUI
Once you have a DUI, you will likely have to appear in court. There is a possibility of having to pay fines and getting your driver’s license suspended. What happens can also depend significantly on whether or not this is your first charge, or if you have two charges close together.
How social media can impact your DUI
What you may not realize is that social media can impact your DUI case. What you post could potentially make its way into court, and contribute to a ruling against you. For this reason, it is often best to avoid posting online after you get arrested for a DUI. This is also important because some things that may not seem harmful to you, could still get used against you.
If you get charged with a DUI, you may not know what is next for you. While you may not have control over some of the penalties that you receive, you can help protect yourself. By avoiding social media use, you can prevent yourself from providing anything that could get used against you in court.
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