Gun control is one of the greatest debates in America. Because the Second Amendment to the United States Constitution grants "the right of the people to keep and bear arms," there is nationwide controversy over what this really indicates in every day English. It means that every American citizen, individually has the right to keep and bear arms!

According to recent statistics, roughly 60 to 65 million Americans possess firearms, accounting for roughly 45 percent of all American households. Of these, 30 to 35 million people possess handguns.

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While firearm ownership is legal in all Fifty states, every state varies when it comes to laws regarding firearm possession. You will need to know these laws before buying a firearm or traveling to another state with a firearm in your possession.

In order to buy a handgun in most states, an FBI background check is required. While some states have no bans on the kind of firearm sold, others prohibit assault weapons. Still others have waiting periods between the application procedure and the purchase of the firearm. Firearms can be legally bought at firearms dealers or gun shows.

Although laws allow U.S. citizens to buy and possess firearms, you will find a number of types of individuals who are not permitted to own weapons. These include: convicted felons; fugitives; unlawful users of certain depressant, narcotic and sedative drugs; anyone diagnosed with certain mental disorders or committed to a mental institution; illegal aliens or citizens who've renounced their citizenship; anybody dishonorably discharged from the military; those under the age of 18 for a shotgun or rifle, and those under the age of 21 for other types of firearms; individuals convicted of a misdemeanor crime of domestic violence; and anybody under a court-ordered restriction for such crimes as harassing, stalking or threatening an intimate partner. Violation of these laws can result in severe penalties.

The laws allowing for the possession of a firearm don't automatically entitle the gun owner to carry the concealed weapon. As of 2004, Right-to-Carry laws exist in 38 states. Of these 38 states, 34 of them require firearm owners to apply for permits enabling them to carry their weapon for self-defense purposes. These laws spark regular debates between gun rights and gun control advocates.

Illegal possession of a firearm refers to people who have not bought their firearm from a licensed dealer or gun show. People who are in possession of stolen firearms risk fines and imprisonment. Anyone who commits a violent crime with a handgun will add a minimum of five years onto his sentence; assault weapons or machine guns add Twenty years to the sentence.

Felony Firearms Charges

A felony firearm charge may be regarded as a crime in its own rite or can enhance the penalties in a felony case. A felony firearm crime might involve unlawfully carrying a firearm when a felony crime was attempted or committed. It is also a felony firearm crime for a convicted felon to possess a firearm at any time. A person may also be charged in a felony firearm case when they knowingly buy a firearm for a felon, an offense known as “straw” purchasing. Any act of readying a firearm for a crime is also a felony firearm crime.

The laws governing the penalties for felony firearm crimes vary by state and the particular circumstances of the crime. By definition, a firearm is a weapon that is designed to expel a projectile through the action of smokeless or black powder. Any attempted or committed felony act during which the offender uses or threatens use of a firearm will increase the severity of the offender's subsequent penalty. The penalty enhancement for a felony firearm charge varies by state. As a general rule, an individual who commits a felony firearm offense will face 2 to 5 additional years of imprisonment and heavier punitive fines.

A felony firearm charge can also be brought against convicted felon who is found in possession of a firearm, regardless of the intended or actual use of the weapon. It is considered illegal in every state for a convicted felon to be in possession of a firearm. The offense level for this type of felony firearm crime also differs by state but is greater when the gun is loaded, kept or used unlawfully. In this case, a felony firearm offense is a crime punishable by additional imprisonment, fines, and other penalties depending on the nature of the original offense and the circumstances of the felony firearm charge.

It is also a felony firearm crime to buy, or otherwise handle, a firearm with the intent of furnishing it to a convicted felon. Not all states have a specific legal statute which makes this felony firearm offense a crime. This does not mean that a person who commits this felony firearm offense will not be tried for his/her actions. In states with specific statutes concerning this type of felony firearm offense, the accused may face up to 10 years in prison and up to $25,000 in punitive fines.

Obliterating the serial numbers on a firearm is also considered a felony firearm offense in many states. Obliteration of this firearm code prohibits later ownership identification. The purpose of this firearm felony crime is to ready a gun for a crime or carryout some other unlawful firearm offense. Each state has a different law concerning this felony firearm offense: some have no specific code, some regard this as a misdemeanor crime, and others regard this as a more severe crime.

Statistics indicate that the federal government is cracking down on felony firearms offenses with increasing strength. Ninety four percent of the increase in federal firearms prosecutions between 2000 and 2003 came from cases involving the unlawful possession of a firearm by a felon and also the use or possession of a firearm during a felony act. If you would like to learn more about felony firearm crimes, please contact a qualified and knowledgeable attorney in your area.

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Weapon charges are typically based upon law enforcement locating a weapon either in a person's immediate possession or on his or her property. In some of these situations, law enforcement may not have had probable cause to search a defendant, might have surpassed the grounds of a search warrant or might have otherwise conducted an unlawful search and seizure. A skilled Houston weapon charges attorney may be able to use this as grounds for a motion to suppress evidence, and this can directly affect the outcome of a case.

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Drug crimes are covered by both federal and state laws in Texas. Federal offenses are regulated by The Comprehensive Drug Abuse Prevention and Control Act of 1970, referred to as the Controlled Substances Act.

The Controlled Substances Act covers nearly all the drug offenses in Texas and is codified in the Texas Health and Safety Code, Chapters 481 through 486. Because Texas is an international border state, drug traffic offenses are a major concern. The state of Texas also has several state drug laws which may not be applicable in other states.

What are the penalties for a drug conviction in Texas?

Drug offenses are among probably the most serious charges in criminal law. They carry with them severe penalties and can have other consequences in areas of one's life such as family life and employment. The legal penalties for drug crimes will depend on the nature of the drug offense, and will usually include a fine and/or a lengthy prison sentence. If you're charged having a drug related crime, you need to contact the Top Houston Drug Crimes Lawyer as soon as possible. The penalties for committing a drug crime can be fairly severe, including actual prison time, sometimes for numerous years in bigger high profile drug instances. A conviction for a drug-related offense could not only harm your personal and professional reputation, but could result in actual termination from employment or the suspension or revocation of your professional licenses. It is not whether you will acquire a lawyer, rather, it is who you'll get to represent you at your most vulnerable time.

What types of elements are regarded as in sentences for drug crimes?

In determining the sentence for a drug crime, a Texas court will take into account the following factors:

• The kind of drug: The Controlled Substances Act classifies drugs into 5 "Penalty Groups", with Group 1 being the most serious. For instance, cocaine is classified as Penalty Group 1, whereas prescription drugs are Group 3.


• The amount of drugs in possession: Prison sentences or fines will increase based on the amount of drug possessed. Greater amounts of the same drug will result in higher sentences.


• The purpose for which the drug is used: Simple possession is generally regarded as less severe than other crimes, like possession with intent to distribute, or manufacturing and delivering drugs


• Location of the violation: Drug offenses are regarded as more severe if they take place in particular areas, such as near a school or day care center

An additional important factor that a court will consider is whether the drug offense was combined with an additional offense. Numerous drug offenses are related to other crimes such as conspiracy, theft, or assault. If the drug offense is related to another felony, particularly a violent crime, the penalties will be more severe.

Do I require a lawyer for a drug offense?

Drug offenses are severe and can result in felony charges. Therefore, the services of the Best Houston Criminal Defense Lawyer may be essential when dealing with drug charges. This is especially accurate if the defendant is involved in multiple or repeat offenses. An skilled lawyer can help explain the various requirements under Texas drug laws. In the event you or perhaps a family members member is charged with a crime in the Houston area, contact the Leading Houston Criminal Defense Attorney for a free consultation having a successful criminal defense lawyer. They are able to offer compassionate legal counsel, accessibility and personal attention, years of encounter, and aggressive protection of your rights.

If you have been found guilty of a crime, you might wonder if you will be able to locate job opportunities. Employers are becoming more and more concerned about knowing whether applicants have criminal records. Part of this concern stems from large jury verdicts that have been rendered against employers for negligently employing individuals with criminal histories who subsequently caused harm to other people while at work. An additional concern for employers concerns whether they will need to divulge the criminal conviction. For instance, if a company is trying to raise capital, it may need to make particular disclosures to a bank. Will the company have to reveal that an employee has a criminal conviction for embezzlement or money laundering?

The laws about which criminal records an employer must or may access, what an employer may ask a potential employee and what the job applicant must reveal vary widely among states. If you have a criminal history and are searching for a job, it is in your best interest to contact a lawyer knowledgeable in criminal law in Houston, Texas, so that you go into the job search totally informed of your rights.

Conflicting Public Policies

On the one hand, the public would like to reintegrate into society individuals with criminal histories, rehabilitated and gainfully employed. A routine schedule and normal income reduce the likelihood that a person will reoffend, nevertheless a person with a criminal background may encounter prejudice in the job application process. On the other hand, it is important to protect the public from contact with past offenders who may have propensities to re-commit. For instance, convicted sex offenders should never work with kids or vulnerable adults.

Just How Much to Reveal

Depending on the state, an applicant may not need to reveal any type of or some kinds of potentially damaging information, like arrests not leading to convictions or convictions for minor matters. A few states have procedures to judicially "erase" a criminal history. The Most Dedicated Houston Attorney can certainly help figure out whether you may be eligible to get a conviction sealed, expunged or legally minimized.

Tips for Workplace Re-entry

• Be honest. Employers are interested in workers they can trust, and almost all information on a job application can be checked and verified. Even if it might close the door to certain positions, revealing the truth is the greatest method to receive a job that the applicant can keep over the long haul. Remember, in many states not all convictions need to be revealed nor can potential employers ask for certain info.


• Begin the job search with loved ones, friends and acquaintances that might be more likely to take a chance on hiring somebody they are familiar with, in spite of a criminal background.


• Don't anticipate the first job following a conviction to be your perfect job. It's more important to get started somewhere and create a track record, because employers know that a good indicator of future job performance is previous job performance. Think about temporary or entry-level positions to develop your résumé.

  Recognize where the employer is coming from. It must balance its legal and ethical obligations to you, to its employees and towards the public.



• Investigate career services. A good number of states have public agencies that administer programs to help individuals discover employment, occasionally particularly designed for those with criminal histories.


• Stay away from alcohol and drug use. Some employers require employee drug testing.


• Consider the nature of your prior criminal offense. Apply for jobs where that type of criminal offense is much less likely to be an matter of concern.

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Completing a prison term or paying a fine can be just part of the cost of a criminal conviction. The conviction may also impact post-conviction job opportunities, but some employers are willing to give those with criminal records chances in appropriate circumstances. One job - any sort of job - may be the first step toward rebuilding a career and a new life. The Most Respected Houston Lawyer can certainly advise you about various choices and offer suggestions on preparing for the future.

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Drug distribution/transporting laws penalize the selling, transport, and illegal import of unlawful controlled substances into the US such as marijuana, methamphetamine, crack, LSD, heroin, and "club drugs".

Thus, drug distribution/transportation offenses may possibly fall into a category of criminal activity viewed as an organized illegal activity that will be able to add additional charges to a defendant's offense and increase the penalties if found guilty. Drug distribution/trafficking laws can include the death penalty for drug kingpins. Ownership or sale of these drugs is not.

Dispensing of drugs for medical purposes is permitted under quite specific regulations. However, should a physician dispense drugs beyond the scope of his medical practice, he can certainly be convicted of drug violations, as in U.S. v. Singh, (4th Cir. 1995), in which a doctor exchanged drugs for sexual favors with patients addicted to prescription drugs.

Distribution is defined as the delivery of a controlled substance other than for the administering or dispensing of it. A person is generally guilty of distribution when the person transfers a controlled substance to another individual. The transfer can be actual, constructive, or attempted. The transfer is actual when a person physically transfers the controlled substance to another; it is constructive, when the federal government can prove that a person intends to sell or distribute an illegal substance through their actions or when the quantity of drugs in their possession is sizeable; it is attempted when the person attempts to transfer the controlled substance to another, but is otherwise prevented from doing so. Anyone who intentionally participates in contributing to a drug transaction, even if only as a translator, is regarded as a deliverer of a controlled substance.

Delivery of a drug is the actual or attempted transfer of a drug from one individual to another. Delivery and distribution are treated as separate violations under the Controlled Substance Act. Cash does not have to change hands for a person to be arrested for the selling of drugs. As an illustration, you may perhaps be found guilty of delivering a controlled substance even when others perform the physical act of delivery and you do not receive any type of money for the transaction. To give an example, a defendant was present while another person delivered and sold crack to an undercover agent. Evidence that the defendant brought a mirror to the transaction in order to help measure the crack was all that was necessary for an arrest of delivery and sale of drugs. Even though the defendant told law enforcement that she received merely a one-half gram of cocaine in exchange for her assistance with the drug sale, she was convicted for illegal delivery and sale.

Transportation and distribution of drugs tend to be more severe violations than is the crime of drug possession; and these offenses result in the chance of severe consequences. Any individual contending with drug charges for drug importation, drug transportation, or drug distribution and sale (not including small quantities of marijuana) are typically charged with a felony. A drug transportation/distribution arrest can lead to one or more years in a state prison along with a permanent criminal record. Automobiles, residences and other possessions tied into a drug transaction may also have to be forfeited.

The sale of drugs is invariably a felony charge. A sale of under 40 kilograms of marijuana is defined as a felony under federal law, and is punishable by five years in prison and a $250,000 fine. The penalty for the sale of "harder" drugs, crack and heroin, may include a life sentence. Sentences and fines are often depending on the quantity of the sale, the past criminal history of the defendant, the presence of weapons on the defendant throughout the transaction, and whether minors were involved in the transaction or not.

Mere possession of a controlled substance doesn't demonstrate specific motive to distribute or sell the drug. Intent can't be proven by use of direct evidence (evidence primarily based on a witness's firsthand knowledge) or circumstantial evidence (evidence primarily based on inference); a distributor has to know that he/she is in possession of a drug intended for distribution.

Defenses for Distribution/Transportation

Defenses for drug distribution/transportation criminal charges generally involve the violation of the Constitutional protection under the law of that person charged. Due process requires that every element of the crime be proven beyond a reasonable doubt, a very high standard when trying to demonstrate the elements in a distribution/transportation offense. In addition, the Fourth Amendment to the United States Constitution protects individuals from unreasonable searches and seizures. The unreasonableness depends on the specifics and circumstances of each case. If the police illegally searched you, or unlawfully seized your property and assets, an Experienced Houston Criminal Defense Lawyers will likely be able to have the charges dismissed.Other proven winning defenses for distribution/transportation charges include entrapment and illegal surveillance, both of which a person is constitutionally safeguarded against under certain circumstances.

If you had been in a car containing drugs that was pulled over, but you had been a passenger, the prosecution has to establish that you were in possession and had understanding of your possession. You cannot be found guilty of any type of drug charge ;if you didn't know the drug had been there.

An Experienced Houston Criminal Lawyers will make sure your rights are safeguarded and if the authorities didn't follow correct procedures, they will have resulting evidence dismissed.

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If you encounter any of drug charges, the prosecution will attempt to press the most significant charges conceivable. In the event you have to deal with drug distribution charges or you have been arrested for conspiracy with intent to distribute, a conviction could mean a lengthy jail sentence and forfeiture of property and assets.

Police officers aren't your friends. Your best chance is to get in touch with an aggressive attorney and keep your mouth shut.

If you are found with scales, drugs, and other distribution materials, you will probably be charged with possession with intent to distribute. Depending on the amount of the drug concerned, you could lose vehicles, cash, and even your home if found guilty. Providing the aggressive criminal defense you deserve, a skilled Houston Criminal Lawyers will be accessible around the clock, 365 days /year.

A knowledgeable Houston Criminal Defense Lawyers will make certain the burden of proof rests on the prosecution.

The Most Qualified Houston Attorney will treat you and your legal issue with dignity and go to war for you to safeguard your life, loved ones and future. Whenever you or a family or close friend are dealing with legal charges or a criminal defense inquiry, you need an individual you can rely on to assist you.

Virtually all drug charge convictions carry serious consequences, but the state of Texas makes every effort to crack down on drug manufacturing cases. From meth labs to marijuana grow houses, in the event you or perhaps a loved one faces criminal charges surrounding the cultivation of drugs; you'll want to speak to the Most Qualified Houston Attorneys before taking any sort of legal action on your own.

The Top Houston Attorneys will have a great deal of experience protecting the accused in the courts throughout Texas and is going to be willing to respond to your concerns and minimize the damages facing you after your drug manufacture charge.

Whenever you initially step into their office, the Most Effective Houston Criminal Defense Lawyers will discuss your case, discuss what happened, and how the charges you face might be affected by a previous criminal record. Hearing your side of the story, they'll assist you to explore any and all potential defenses.

Understanding your side of the story is important. They will let you know about the court in which your criminal charges are being heard. In all instances, they'll want to listen to your side of the story prior to beginning to fully examine your choices.

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Texas defense attorneys see many drug distribution cases because of the sheer volume of interstate highway traffic. Sadly, it is all-too-easy to move drugs along the interstate freeway system in all directions. In particular in the Houston area, our law enforcement officers have noticed patterns when looking for drug traffickers. It's common for vehicles to be stopped along northbound interstates and for big amounts of drugs to be discovered. When suspect vehicles are stopped heading southbound, large amounts of currency are sometimes found. Whether the criminal arrest will be sale, distribution, or drug trafficking will depend upon the type and the quantity of drugs in question. However the difference you face in penalties is considerable.

A first degree felony drug conviction usually results in a minimum five-year prison term, but in large-scale drug manufacturing or drug distribution cases, prison terms can jump to a minimum of Fifteen years.

If excessively significant sums of United States currency are discovered inside your vehicle (or perhaps a vehicle you're riding in), you might face charges of money laundering. Amazingly, the penalties at the federal level for possessing big amounts of cash are similarly severe to those for possessing significant amounts of drugs.

You might also find yourself dealing with conspiracy charges, something federal prosecutors may add on to drug crime cases.

The Most Respected Houston Attorneys will have handled many federal and state drug cases in Texas courts, from drug manufacturing cases involving meth laboratories and marijuana grow houses to international drug trafficking. No case is too large or complex for their firm to deal with.

Seizure of Assets

Police officers performing drug interdiction work have the legal right to seize assets that were utilized in furtherance of a crime or bought using the proceeds of criminal activity. This indicates they not just confiscate drugs; they also seize cash, vehicles, boats, other personal property and assets as well as real estate. The police or law enforcement agency may then sell the property and keep the proceeds or just keep the property altogether for their own purposes. This can be particularly common with vehicles.

Asset forfeiture sometimes goes too far, with the law enforcement officials taking property that doesn't belong to anyone charged with the crime, property and assets that actually belongs to completely innocent family members or third parties. The Top Houston Criminal Attorneys handles asset forfeiture cases, helping clients fight to recoup seized assets .

Building Your Drug Manufacture Defense

Most drug manufacture charges, whether they involve marijuana or methamphetamines, are heard in state court. Frequently, marijuana grow houses and meth houses are identified following informants report activities to the authorities.

When you have been turned in by a third party, the Most Qualified Houston Attorneys will attack the reliability of the source. However, in every case the quality of the evidence is different. That is why we assess possible actions on a case-by-case basis.

Get in touch with the Top Houston Criminal Lawyers for a free consultation. They will fight hard to protect your rights throughout the legal process.

Marijuana is regarded as the frequently abused illegal drug in the United States. Marijuana is known as a Schedule I substance under the Controlled Substances Act, classified as having a very high potential for abuse. Street names for marijuana include grass, pot, weed, Mary Jane, dope, indo, and hydro. Marijuana possession laws can impose strict penalties under certain circumstances.

Possession of marijuana (sometimes called simple possession) is regarded as the common drug criminal offenses in the United States. Regarded as a misdemeanor in a majority of states, marijuana possession penalties include fines, probation, and/or community service. Criminal possession of marijuana is the next level up in marijuana possession crimes and consists of possession of marijuana in a public place where it is either burning or in open public view in quantities of more than two ounces but less 8 oz .. Criminal possession of marijuana is also a misdemeanor but the penalties increase along with the potential for jail time.

Theoretically, under federal drug law, the possession of marijuana, in any amount, is punishable by up to one year in jail as well as a minimum fine of $1,000 for the first conviction. Further convictions and larger amounts bring about much stiffer penalties. Fairly few marijuana possession cases give rise to a felony level crime. Marijuana distribution, however, is invariably a felony under federal law. The sale of under 50 kilograms of marijuana (the smallest amount category) is punishable by 5 years in prison including a $250,000 fine.

Marijuana is commonly consumed in its natural state, the plant alone utilized in various ways to produce a hallucinogenic effect on the user. Abuse and use of the cannabis plant as a means for getting high dates back to biblical times. The advent of laws criminalizing the use of the drug occurred sometime in the course of the 20th century, with battles to legalize the use of marijuana debated ever since, its use among Native Americans in religious ceremonies and the utilization of the drug by cancer patients to ease nausea being the most recurrent arguments used for its legalization, and a considerable change in the marijuana possession laws.

Marijuana production's principal supply is Mexico. The majority of foreign-produced marijuana available within the United States is smuggled into the country from Mexico over the Mexico border by criminal groups. Mexican criminal groups control nearly all of wholesale marijuana distribution in the United States, with Asian criminal groups that bring in the product over the Canadian border running a close second. The potency of Canadian marijuana being deemed finer quality than the Mexican version has resulted in an increase in Asian control of marijuana production and distribution. According to the National Drug Threat Assessment 2007, high potency Canada-based smuggling, distribution and production groups are increasing, giving rise to large-scale cannabis cultivation in large outdoor sites by both Mexican and Asian groups. Furthermore, in an effort to stay competitive in the higher potency marijuana distribution trade, Asian groups have started operating indoor grow sites in homes throughout the Pacific Northwest and California. The trend is to buy or lease a house, customize the residence for the objective of producing two to four crops of cannabis and walking away from the property after the crops are harvested.

Challenges to existing marijuana production and distribution laws are ongoing, with quite a few states decriminalizing certain marijuana usage for particular medical conditions. However, in United States v. Oakland Cannabis Club, the United States Supreme Court ruled that marijuana does not have any medical value as determined by Congress. The court’s opinion stated that: “In the case of the Controlled Substances Act, the statue reflects a determination that marijuana doesn't have any medical benefits worthy of an exception outside of the confines of government-approved research projects.”

In 2002, the United States Court of Appeals for the District of Columbia Circuit issued a verdict which upheld the Drug Enforcement Act’s determination that marijuana should remain a Schedule I controlled substance, the most restrictive schedule under the Controlled Substance Act. The marijuana debate and court battles will undoubtedly continue to occasionally appear within the United States Court system for many years.

Defenses for those guilty of breaking marijuana possession laws, and distribution of marijuana laws, commonly revolve around the misuse of law enforcement power to search and seize property and assets. Unlawful search and seizure, unlawful surveillance, and entrapment are the primary means of defending an arrest of marijuana possession or marijuana distribution.

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Texas courts take marijuana possession criminal charges very seriously, and so should you. Multiple convictions of marijuana possession may bring about felony criminal charges. Hence, you want to battle every charge you have to deal with, not just today, but to safeguard your legal rights in the future as well. Given that possession criminal charges might easily lead to growing and cultivation charges, you want a criminal defense lawyer who will lower all potential damages.

The Top Houston Criminal Attorneys will protect your liberties and fight for you against marijuana possession charges.

The severity of the criminal charges you have to deal with is dependent on the quantity of marijuana. If you are caught with under two ounces, you will have to deal with minor misdemeanor criminal charges, but the consequences go up steeply from there. Possession of two to four ounces is defined as a Class A Misdemeanor, and possession if over four ounces is recognized as a felony.

No one wants a drug arrest on their permanent record, so our starting point is to have the criminal charges completely dismissed. If dismissal or an acquittal at trial isn't really possible, we shall seek to reduce the charges or minimize the penalties where possible.

For first-time offenders, the Most Qualified Houston Attorneys will explore diversionary programs as well. By seeking proper drug treatment, you may be able to avoid prison time. They will help you explore all possible alternative sentencing techniques.

Juvenile Marijuana Possession

Marijuana has a unique odor, and so it is dangerous for minors to smoke it anywhere: in a car, at home, or in a dorm room. Authorities may smell it and a second infraction may bring about significant repercussions, including the loss of student loans. The Leading Houston Lawyers will handle juvenile crimes involving marijuana possession as well as criminal court cases.

If you or a family member have been charged with marijuana possession, you want an experienced trial attorney who is ready to stand up for your liberties right right now. Get in touch with the Most Respected Houston Attorneys immediately for a free preliminary consultation.