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Blog Posts in June, 2011

What Is The Fourth Amendment Trying To Protect?

Obviously, the Fourth Amendment is trying to protect "the people" from unreasonable searches and seizures (mainly warrantless searches and seizures not supported by probable cause). Initially, Fourth ...
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Why Do We Have A Fourth Amendment To Regulate Police Conduct?

Much of our contemporary life seems to be far different than the life led by the Framers of the Constitution. In fact, it is very difficult for us to relate to them and seems that we have nothing in ...
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What Is The Fourth Amendment?

For the next several blog entries, we will discuss the Fourth Amendment to the Constitution to The United States of America. Let us begin with the text of the Fourth Amendment and we will explore the ...
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Can I Go To Jail For Distributing Valium When It Is A Legal Drug?

We receive this question often. The answer is an emphatic yes. Though drugs like Ritalin, Xanax, and Valium are common drugs, they are drugs that are highly regulated and monitored by local, state, ...
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What Will Be My Jail Sentence If I Distribute Ecstacy?

The drugs contained within the Penalty Group 2 are drugs like Ecstacy , PCP, and Mescaline. If you are charged and convicted for distribution of a drug that is contained within Penalty Group 2, then ...
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What Is My Punishment If I Distribute LSD?

The good ole 60s and 70s gave us this classic drug. The number of users and dealers have decreased in notoriety, though, over the last four decades. In fact, one rarely hears about someone getting ...
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If I Am Charged With Distribution Of A Controlled Substance in Penalty Group 1, What Is The Punishment Range?

We have been discussing the punishment range for those people charged with possession of a controlled substance. Today, we address the issue of what can occur if you are charged with distribution of a ...
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What Is the Punishment Range For Possession Of A Controlled Substance In Penalty Group 3?

We have been exploring the byzantine maze that is the Texas Health and Safety Code and the Texas Penal Code. The cross-reference between the two makes for a head-splitting venture sometimes, however, ...
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What Is The Punishment Range For Possession Of A Controlled Substance In Penalty Group 2?

Continuing the stroll through the five different classifications of controlled substance penalty groups, we find ourselves on Penalty Group 2. The drugs contained within the Penalty Group 2 are drugs ...
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What Is Penalty Group 1A?

As we noted in previous blogs, Texas divides controlled substances into five penalty groups. The penalty group that we will discuss today is a flashback to the 1970s: LSD. Lysergic acid diethylamide, ...
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What Is Penalty Group 1?

As we noted in our blog entry yesterday, the level of crime that you can be charged with for POSSESSION of a controlled substance (note there is a different range of punishment for delivery of a ...
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What Does The Term "Penalty Group" Mean Under Texas Drug Possession Law?

The Texas Legislature regulates the penalty for possession of a controlled substance in Texas. However, according to the Texas Health and Safety Code, the Texas Legislature delegated to the Texas ...
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What Is The Law Concerning Drug Paraphernalia?

Texas does not prosecute possession of drugs only. In fact, Texas will prosecute a person for possession of drug paraphernalia. Thus, it is a separate criminal charge in Texas. Texas classifies ...
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Man Accidentally Sends Text That Sets Up Drug Deal To Police Officer

If we listen to our grandparents, texting is going to be the end of the universe. Texting and driving has become a major social issue. Congressman Anthony Weiner has just learned the hard way about ...
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Woman Arrested Six Times In One Year On Prescription Forgery

Theresia L. Beckett, 56, from Spokane, Washington has been arrested six times in one year for prescription fraud charges. She is now in jail on a $125,000 bond. She has two additional pending felony ...
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Prescription Drug Trafficking Is A $1 Billion Dollar Industry

According to an article on CNNMoney, "prescription drug abuse is not the fastest-growing drug problem in the country." There are several ways that the prescription drugs are being trafficked ...
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Willie Nelson Dodges Plea Deal, But Does Get To Sing In Court

Luckily, Willie Nelson's Blue Eyes won't be crying in the rain. It appears to the country music legend evades more than taxes--he also evades marijuana prosecution, as well. Willie was charged with ...
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Texas A & M Linebacker Arrested For Possession Of Marijuana

A Texas A & M football player was arrested for possession of marijuana in Brazos County, Texas. Damontre Moore, a sophomore at the university, was supposed to contend for the starting outside ...
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17 People Indicted In North Texas Heroin Case

As a result of three recent heroin deaths, 17 teens and young adults have been indicted for distributing heroin around the Flower Mound area. In the last year, three people have died from heroin ...
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