Defense of Drug Crimes. This ruling depends on many factors, including but not limited to the substance/s involved, the quantity of that substance, the intention with that substance, and the charge/s issued by the arresting officer and the court. Cruz argues that his counsel was ineffective, because his attorney failed to present "evidence which would tend to support and substantiate" Cruz's testimony and his claim of self-defense. While the story is largely about family, the organized crime element is hard to miss. We will go through these different crimes, establish what they are, and provide some specific examples of each. From our review of the record, we note that Perez testified that he, Eloy Garcia, and Heriberto Garcia went to Reynosa and visited Eloy Garcia's "boss's house. " Some of the offenses which can also garner organized crime charges include: - Stealing and re-selling automobiles; - Laundering money; - Setting up and operating a drug distribution network; - Theft of any items; - Homicide; - Forgery; - Burglary; - Human trafficking; - Kidnapping; - Arson; - Sexual Assault, and. At such challenging times, the experience and meticulous preparation of the team at Soyars & Morgan Law, P. Organized crime in texas. C. instills confidence. For 50 to 2, 000 pounds of marijuana, the fine in Texas is $10, 000 and jail time is 2 to 20 years. One of Morena's friends was also wounded. One person pulls out a knife and stabs the other person, who later dies.
Two parts were identified: 1) whether the defendant intended to commit the underlying enumerated offense; and 2) whether he intended to establish, maintain, participate in, or participate in the profits of a combination. Comparatively, assault is a relatively common criminal charge and there are an array of legal strategies used to beat assault charges. The bottle would need to have your name on it as well as a recent date for getting the prescription filled. Call (210) 226-1463 for a free consultation about your unique case. 1998) and Kunkle v. State, 771 S. Engaging in Organized Street Gang Criminal Activity - Leo & Oginni Trial Lawyers. 2d 435, 439 (Tex. What Are the Laws Surrounding Murder In Texas? Our goal is to get your criminal case DISMISSED or REDUCED.
Close behind it is the quantity. Other defenses include mistaken identity, no pattern of racketeering activity, no impact on interstate commerce, or you were not associated with the enterprise. Texas Penal Code Title 5 Chapter 22 states that an individual commits assault when they engage in any of the following activities: - Intentionally or recklessly causing bodily injury to another person. Conspiracy requires something more than words, however. This could include access to investigators, private labs, and experts in various fields. Perez entered into an agreement with the State. Defense Attorney for Organized Criminal Activity in San Antonio, Texas. When you talk with the attorney, you need to explain the type of drug that you were in possession of, and if it was on your person or only on your property, such as in your vehicle. Understand Your Sixth Amendment Right to Legal Counsel. The police began to chase them, and Cruz and Perez attempted to evade apprehension by diving into a lake.
However, for first-time offenders, the sentence can be probated, meaning you can do community supervision instead of jail time. Cruz, in his brief, argues that the photograph was gruesome, cumulative, and should not have been admitted under Texas Rule of Evidence 403. Which lawyer should I contact to speak with about my charges? See Nwosoucha v. State, 325 S. W. 3d 816, 831 ( [14th Dist. ] While the State is not required to prove the defendant committed more than one criminal offense, it must prove "continuity, " or that the defendant intended to establish, maintain, or participate in a group of three or more, in which the members intend to work together in a continuing course of criminal activities. The Gracia Law Firm, P. accepts clients throughout the greater Cameron County area and surrounding counties including Hidalgo County and Willacy County. Fuentes also testified that he did not have an opinion about Barrera's reputation for violence. Organized Crime Lawyer in Houston | Call 24/7 Free Consultation. Texas Health and Safety Code (Section 481. Perez testified that Cruz shot the victim multiple times.
Possessing 1 to 4 grams of cocaine is a third-degree felony in Texas. Even though some of these terms are defined in §71. What Does Manufacturing a Controlled Substance Mean in Texas? Have you been accused of or arrested for a drug-related crime in Texas? What Strategies Are Used To Defend Against Assault Charges?
When considering the likelihood of beating an assault charge, however, there are some across the board elements to take into account. 3G offenses include: - drug offenses that happen in a school zone, - indecency with a child, and. This can include crimes like drug trafficking, gambling, money laundering, extortion, and prostitution. Other counties, such as Comal County, Texas, are harsher on crimes in general and marijuana is not treated much differently than any other type of crime. The state of Texas has to prove that you and somebody else conspired to commit a criminal offense; or, that you and two others are part of either a "criminal street gang, " or that you and two others constitute what's called a "combination. " We review the evidence in the light most favorable to the verdict to determine whether any rational trier of fact could have found the essential elements of the offense beyond a reasonable doubt. It was shown that the appellant unwittingly negotiated with an undercover officer and two other people to distribute the marijuana. If so, we at Soyars & Morgan Law understand why you might be feeling nervous or confused right now. How to beat organized crime charge in texas penal code. A charge of organized criminal activity under this statute is punishable as one category higher than the most serious underlying charge. What Are Your Rights When Arrested? Perez did testify that the four of them followed Barrera around for two days, and that Cruz and Heriberto Garcia kept pointing at Barrera. We look to the totality of the representation and the particular circumstances of each in evaluating the effectiveness of counsel.
If you are the subject of an investigation, have been charged with an offense or are a witness, it may help to know a bit about the timeline that cases commonly follow. Ineffective Assistance of Counsel - Both Convictions. 1999); Evans v. State, 876 S. How to beat organized crime charge in texas at austin. 2d 459, 463-64 (Tex. Deadly conduct is an assaultive offense under Chapter 22 of the Texas Penal Code. As for manufacturing cocaine, Texas Health and Safety Code (481. Aggravated Sexual Assault. Possession of cocaine under 1 gram in Texas is a state jail felony bringing a prison sentence of 6 months to 2 years. The attorneys at Goldstein & Orr are nationally recognized for their skill and dedication to criminal defense. Prison Policy Initiative – Visit the official website for the Prison Policy Initiative, which is a non-profit and non-partisan group dedicated to producing research to expose the harmful effects of mass criminalization.
Contact us to find out more about the charges pending against you, the typical penalties imposed for that offense, and ways to aggressively fight the charges for an outright dismissal. However, it helps to have the steady guidance of a seasoned criminal lawyer who is deeply familiar with the Texas court system. Promotion of prostitution. This would mean the charges could be reduced. If you or a family member beat a false accusation of a sex crime or other offense, you may be wondering, "Can I sue for false allegations of a crime? " Cruz states that "[w]hen the accomplice testimony is eliminated from consideration, the non-accomplice evidence is insufficient to connect Appellant with the commission of the offense charged, and did not corroborate the accomplice testimony that Appellant and two other persons intended to work together in a continuing course of criminal activities. "
An example of this would be a woman who poisons her husband.