Category Criminal Defense

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In Tecas, a conviction for even a relatively minor drug offense can result in serious penalties, including jail time, large fines and probation. If you’ve been arrested for a drug crime, our experienced defense lawyers can help. We’ve represented people since 1990, providing excellent service and personal attention to each client. For the diligent guidance you need when facing serious criminal charges, you can rely on our respected team of attorneys.

Drug possession crimes

Possessing even a small amount of illegal substances comes with some hefty consequences, not to mention the social stigma you must deal with as a convicted drug offender. You may face a sentence of two to 15 years in prison for first-offense possession of narcotics including:

LSD

Heroin

Ecstasy

Cocaine

Crack

Methamphetamine

Methadone

Opium

Possession of non-prescribed steroids is a felony punishable by one to five years of incarceration. A conviction for possession of a controlled medication, such as Klonopin or Rohypnol, without a prescription may result in one to 10 years in prison.

Marijuana is illegal to possess for recreational use in Texas. Penalties as follows:

Two ounces or less. The offense is a Class B misdemeanor, and penalties include up to 180 days in jail, a fine of as much as $2,000, or both.

More than two ounces, but less than four ounces. The offense is a Class A misdemeanor, and penalties include up to one year in jail, a fine of as much as $4,000, or both.

Four ounces or more, up to and including five pounds. The offense is a state jail felony, and penalties include a fine of up to $10,000, between 180 days and two years in prison, or both.

More than five pounds, up to and including 50 pounds. The offense is a third degree felony, and penalties include a fine of up to $10,000, between two and ten years in prison, or both.

More than 50 pounds, up to and including 2,000 pounds. The offense is a second degree felony, and penalties include a fine of up to $10,000, between two and 20 years in prison, or both.

More than 2,000 pounds. Penalties include at least five (and up to 99) years in prison, a fine of up to $50,000, or both.

What is distribution?

Drug distribution involves selling or transporting illegal substances, and Texas maintains harsh penalties for those convicted of this crime.  Penalty examples:

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.

With the life-altering consequences involved, it’s critical to speak with an experienced criminal defense lawyer right away after your arrest.

What qualifies as drug trafficking?

Drug trafficking may involve a number of actions, including developing, transporting, selling and distributing illegal substances. Convictions typically result in severe penalties, including prison terms that are longer than those ordered for violent criminals. It’s also possible that you’ll be charged with both distribution and trafficking, making the consequences even worse. Speaking with a skilled attorney immediately after an arrest for drug trafficking can greatly help your case.

Felony and misdemeanor drug charges

If you’re arrested for a drug crime, you may face misdemeanor or felony charges. In general, felonies are more serious than misdemeanors, although convictions for either classification of crime may come with significant penalties. Misdemeanor drug charges typically involve crimes like possession of marijuana or the possession or sale of drug paraphernalia, and you may face fines penalties include up to 180 days in jail, a fine of as much as $2,000, or both.

Felony charges are associated with crimes like drug distribution, sale, trafficking and cultivation. Even first-time offenses may result in several years of incarceration and extremely large fines.

There are some options for first-time offenders to avoid some of the more severe penalties by attending treatment programs. Our attorneys are particularly skilled at advocating for diversion opportunities like drug treatment and community service for individuals facing misdemeanor drug charges for the first time. Those facing first-time felony charges may be able to undergo treatment programs in exchange for reduced or eliminated time in prison. These options are up to the court’s discretion, and it takes a knowledgeable lawyer to effectively argue for them.

Finding constructive solutions to difficult legal challenges

If your probation officer says that you’ve violated the terms of your probation, you may face some serious penalties, including jail time. To defend yourself against these charges and receive the sound legal representation you need, work with the knowledgeable Marietta criminal defense lawyers at Nicholson Phillips. We have served clients across northern Georgia for more than two decades, delivering on our promise of ethics, diligence and exceptional conduct with each case we take on. For a dedicated attorney who fights for your constitutional rights, call on our respected law firm.

What are the common probation violations?

When a court of law mandates probation as a penalty for a criminal conviction, you need to adhere to strict policies and meet regularly with a court-assigned probation officer. Some of these requirements can be confusing, and many people violate the terms of their probation without even realizing it. A criminal defense lawyer can help with these matters, helping you better understand your probation terms and represent you if face a revocation hearing.

The following are some of the most common ways individuals violate probation:

Missing scheduled meetings with probation officers

Failing drug tests if your probation terms require you to refrain from using drugs

Traveling out of the state or making plans to do so

Violating curfew requirements

Failing to perform required community service or drug/alcohol treatment programs

Associating with prohibited individuals or violating restraining orders

Getting arrested for another crime

Penalties for probation violation

There are some serious consequences for probation violations, including up to one year incarceration in a jail or prison, mandatory time served in a probation detention center (usually three to six months) and fines. You may also receive additional requirements from the court, including drug or alcohol treatment programs, anger management counseling and drug screening.

If you are accused of violating the terms of your probation, you will have the opportunity to plead your case in a hearing. Just like a typical court hearing, the prosecutor will present evidence of the violation, and you and your defense lawyer will be able to dispute this evidence, present your own evidence and call witnesses, if necessary. The decision of whether or not a violation has occurred is up to the presiding judge, and you do not have the right to a jury trial. It is possible to appeal the judge’s ruling, however.

Strong representation for burglary, robbery, shoplifting and more

Being arrested on theft charges can put your entire future on the line. For the representation you need during this difficult time, turn to our law firm. Since 1990 we have served clients facing many types of criminal charges, providing excellent service and personal attention. Our criminal defense lawyers have years of experience and have dealt with all facets of the justice system, and we leverage our knowledge to offer you the best legal options available.

What is a theft crime?

Theft is generally any crime in which one individual illegally takes the property of another person with the intention of depriving that person of the items in question. This is a very broad definition, and therefore there are many different acts prosecutors and the criminal justice system may consider theft. The following are some of the most common types of theft:

Shoplifting. Law defines shoplifting as taking merchandise without paying for it, thereby depriving the business of that property.

Burglary. This offense involves an individual illegally entering a building with the intent to commit a criminal act. To convict, prosecutors often simply need to prove breaking and entering, even if no actual theft of property occurred.

Robbery. If you’re accused of using force or the threat of force to deprive someone of property, you may face robbery charges. Offenses involving the actual or implied use of weapons may be classified as armed robbery.

White collar crimes. Many white collar crimes, including fraud, embezzlement and money laundering, may involve forms of theft.

Services theft. State law recognizes the theft of services, such as lodging, consulting services and entertainment. In these cases, the accused must have attained these services with the intention to avoid paying for them.

Your options after shoplifting charges

You can be charged with either a misdemeanor or felony offense depending on the value of the stolen property, and the penalty may include both jail time and fines.

If the value of the property is less than $50, you can be charged with a Class C misdemeanor punishable by fines up to $500.

If the value of the property is $50-$500, you can be charged with a Class B misdemeanor punishable by up to 180 days in jail and fines up to $2,000.

If the value of the property is $500-$1,500, you can be charged with a Class A misdemeanor punishable by up to one year in jail and fines up to $4,000.

If the value of the property is $1,500-$20,000, you can be charged with a state jail felony punishable by 180 days to 2 years in a state penitentiary and fines up to $10,000.

If the value of the property is $20,000-$100,000, you can be charged with a third degree felony punishable by 2-10 years in jail and fines up to $10,000.

If the value of the property is $100,000-$200,000, you can be charged with a second degree felony punishable by 2-20 years in jail and fines up to $10,000.

If the value of the property is more than $200,000, you can be charged with a first degree felony punishable by 5-99 years in jail and fines up to $10,000.

f this was the first time you’ve been arrested for shoplifting, you may be able to take advantage of alternatives to incarceration, including pretrial diversion programs. In many situations, a skilled criminal defense attorney can seek these alternatives on your behalf, helping to avoid jail time or huge fines.