Blog Posts in August, 2011
Posted on Aug 25, 2011 By Plano Drug Attorney
Often times, when the police search a car or person, they might find the residue of cocaine , marijuana , or heroin . This will often arise when a police officer finds drug paraphernalia on the ...
Continue reading "Is The Amount Of Cocaine Or Marijuana Found By The Police A Factor To Be Considered?" »
Posted on Aug 24, 2011 By Plano Drug Attorney
Yesterday, we addressed the issue of the affirmative links and the court of appeal's use of them when reviewing a conviction. As we noted, the State must prove possession by the actual care, ...
Continue reading "Affirmative Links Standard Of Review For Possession Of A Controlled Substance" »
Posted on Aug 23, 2011 By Plano Drug Attorney
Yesterday , we reviewed one of the elements of a the offense of a possession of a controlled substance . That element is possession, and this is one of the most litigated areas of drug possession law. ...
Continue reading "What Do Courts Use To Review A Defendant's Links To A Drug?" »
Posted on Aug 22, 2011 By Plano Drug Attorney
As we noted yesterday, the Penal Code and Texas Health and Safety Code divide controlled substances into several different categories. It also divides the offenses into the drug offenses into whether ...
Continue reading "What Does Possession Of A Controlled Substance Mean Under Texas Drug Crimes Law?" »
Posted on Aug 19, 2011 By Plano Drug Attorney
As we detailed yesterday , all different drugs are separated into different groups called Schedules. The Schedules are broken down into I-V, with Schedule I being considered the most dangerous of the ...
Continue reading "How Do The Scheduling Laws Relate To Criminal Liability?" »
Posted on Aug 18, 2011 By Plano Drug Attorney
There are certain rules that regulate the placement of an individual substance into a certain schedule. The commissioner must place a substance in the individual schedule, as per the following rules. ...
Continue reading "Are There Any Rules That Regulate The Placement Of A Substance In Certain Schedules?" »
Posted on Aug 17, 2011 By Plano Drug Attorney
The Texas Legislature provides numerous rules and guidelines regarding the Department of State Health Services Commissioner's ability to add, delete, or alter substances that are contained with ...
Continue reading "What Are The Factors That Determine What Comprises The Schedule Of Drugs?" »
Posted on Aug 16, 2011 By Plano Drug Attorney
Continuing our analysis of the Texas Controlled Substances Act, we will explore some of the administrative agencies that are charged with implementing this act. The Act, which is codified in Chapter ...
Continue reading "How Are The Schedules Of Controlled Substance Established?" »
Posted on Aug 15, 2011 By Plano Drug Attorney
The Texas Controlled Substances Act was enacted in 1989 to regulate controlled substances in Texas. This act mandates who regulates and classifies controlled susbstances in Texas. First, the Act ...
Continue reading "What Is The Texas Controlled Substance Act?" »
Posted on Aug 12, 2011 By Plano Drug Attorney
In the course of a motion to suppress the physical evidence that is seized during a pat-down search (Terry stop), there will be a number of phrases that are thrown around the courtroom. One of those ...
Continue reading "What Does The Phrase Specific And Articulable Facts Mean?" »
Posted on Aug 11, 2011 By Plano Drug Attorney
This a question that we often get asked. Remember, the Fourth Amendment protects ones privacy from government intrusion. Generally, absent a promise otherwise, the Fourth Amendment does not protect an ...
Continue reading "Does The Fourth Amendment Protect An Individual's Privacy In The Workplace?" »
Posted on Aug 10, 2011 By Plano Drug Attorney
This is a very interesting topic in the Fourth Amendment arena. The question here really concerns whether a juvenile has Fourth Amendment protection while at school. The Supreme Court of the United ...
Continue reading "Can A Teacher Search My Child At School?" »
Posted on Aug 9, 2011 By Plano Drug Attorney
The basis for a stop-and-frisk search is that the officer must be certain that he or she is not in danger. Thus, the law allows them to conduct searches of those people suspected of crime to see if ...
Continue reading "Can The Police Search For Anything During An Investigative Detention?" »
Posted on Aug 8, 2011 By Plano Drug Attorney
As we noted earlier, depending on all of the circumstances, the police can be suspicious that a crime is occuring or is about to occur. In that regard, once the police have a suspicion (that can be ...
Continue reading "Does Terry v. Ohio Allow The Police To Conduct A Search?" »
Posted on Aug 5, 2011 By Plano Drug Attorney
Yesterday, we began our discussion of a very important case in criminal jurisprudence. The case of Terry v. Ohio signified a permanent sea-change in criminal justice. The case unequivocally stated ...
Continue reading "Terry v. Ohio, Continued" »
Posted on Aug 4, 2011 By Plano Drug Attorney
In the last 50 years, there has been a number of substantial cases issued by the United States Supreme Court that effected criminal jurisprudence. The case that started it all was Terry v. Ohio , 392 ...
Continue reading "What Does An Officer Need To Have To Conduct An Investigative Detention?" »
Posted on Aug 3, 2011 By Plano Drug Attorney
As we continue to analyze the kinds of encounters between the police and an average citizen, lets refresh where we are. Yesterday, we addressed the kind of encounter called an investigative detention. ...
Continue reading "What Is An Investigative Detention?" »
Posted on Aug 2, 2011 By Plano Drug Attorney
Yesterday, we began to examine the different types of encounters or detentions between the police and citizenry. We first addressed the issue concerning a voluntary encounter between the police and ...
Continue reading "Encounters Between The Police And Citizenry Continued?" »
Posted on Aug 1, 2011 By Plano Drug Attorney
The law is a fluid concept--it continues to ebb and flow. The relationship between the police and citizenry continues to ebb and flow. However, as far as the law is concerned, there are different ...
Continue reading "What Are The Different Kinds Of Encounters Between The Police And Citizen?" »