Recently, Fentanyl has been used by cartels and other distributers of illicit drugs to make their batches of product more potent. Illicitly produced fentanyl is often sold as a powder or mixed with other drugs, such as heroin or cocaine, which can further increase the risk of overdose – particularly because most people do not even realize what they are taking has Fentanyl in it.

The use of fentanyl has become a significant public health concern in recent years, as overdose deaths involving the drug have increased dramatically. There are widely available home-test kits for Fentanyl that could be used by the masses to make sure they are not inadvertantly ingesting this powerful, deadly substance – but in Texas, they are illegal! Unbelievably, the cheap and easy to use test kits are considered drug paraphernalia in Texas under the Texas Health and Safety Code.

As previously stated, most overdose deaths from Fentanyl, unlike other controlled substances, are unintentional – as in, the person that took the Fentanyl did not intend, or even know what they comsumed had Fentanyl in it. Often illicitly pressed and manufactured pills that look identical to pharaceutical drugs, such as xanax, vicodin, or Oxycontin have appeared on the black market (with no indication of the deadly Fentanyl inside).

Finally, it appears as if the law might be changed, and the lifesaving test-kits made legally available to people in Texas. SB 86 has been proposed by Nathan Johnson of Dallas. If passed, it would

Act would allow individuals and organizations to possess and distribute fentanyl test kits without fear of legal repercussions. The bill specifies that the test kits must be FDA-approved and that the results of the test must not be admissible in any criminal or civil proceeding. Additionally, the bill includes provisions for immunity from prosecution for individuals seeking medical assistance during an overdose or seeking to help someone else who has overdosed.

The bill has received support from a range of stakeholders, including harm reduction advocates, law enforcement officials, and medical professionals, who believe that the legalization of fentanyl test kits could help to prevent overdose deaths and provide individuals with important information about the drugs they are using.

Unfortunately, many of us (myself included) have lost people we cared about because of accidental overdose on Fentanyl. Make sure to demand your congressman change the laws in Texas so we can save peoples lives! Regardless of how you feel about drugs, choosing to alter your consciousness, even illegally, should not be punishable by death!

Texas representative Joe Moody has proposed a change in state law that would reduce the criminal penalty for small amounts of marijuana. Texas “HB 218,” will be considered by the Criminal Jurisprudence Committee in the Texas House of Representatives this week.

This proposed new law would reduce the penalty for possession of up to one ounce (28 grams) of marijuana to a Class C misdemeanor, with no jail time and a fine of no more than $500. Currently a usable quantity of marijuana, up to 2 ounces (56 grams) is a Class B misdemeanor, which is punishable by up to 180 days in jail and a fine of up to $2,000.

The new law would also codify a “cite-and-release” system, whereby possession of up to two ounces would not result in custodial arrest if that was the only violation of the law. You can be arrested for any amount of marijuana currently, in most jurisdictions (State law permits it, but some jurisdictions have policies whereby people are not arrested and/or charges are not accepted less than a certain amount). The new law would also sets up an expungement process for possession of up to two ounces with a small fee of $30 (under certain conditions).

ARRESTED FOR POSSESSION OF MARIJUANA or MARIJUANA CONCENTRATE (THC)?

Call LeGrande Law today to find out your options!

If accused of any drug offense, including Possession of THC Concentrate, you need an attorney that has a track record of winning drug cases.  Attorney Tristan LeGrande gets results – CALL NOW – FREE Consultation!

Contact attorney Tristan LeGrande by calling 281-684-3500

https://www.legrandelaw.com

Houston Drug Attorney Tristan LeGrande

Tristan LeGrande – LeGrande Law

(Possession of a Controlled Substance in Penalty Group 2, PCS PG2)

A bill almost became a law in Texas, reducing the penalties for marijuana and THC possession – Texas House Bill 2593. That’s right, Texas came closer than it ever has to decriminalizing possession of less than one ounce of marijuana; the new law would have made posssession of less than 28 grams a class C Misdemeanor (and a crime for which you could not be arrested).

More importantly, in my opinion, it would have changed the law on possession of THC concentrate to mirror that of possession of the plant itself, and make possession of up to two ounces (56 grams) of THC concentrate a class B Misdemeanor (punishable by up to 6 months in jail and a $2,000 fine). Currently, possession of that amount of THC concentrate could get you up to 20 years in prison! SO WHAT HAPPPENED AND HOW DID WE GET HERE!?

As I more thoroughly explain below – basically, the law finally had enough support in the Texas legislature to pass in the Texas House of Representatives. The law then went to the Senate, and the changes to the penalties were agreed upon (shockingly), but the Senate version was modified by Lt Governor Dan Patrick and other Senate Republicans to add to the definition of a controlled Delta-8-Tetrahydrocannabinol (“Delta 8 THC”). For those that are unfamiliar, Delta 8 THC is a mild psychotropic extract of hemp or cannabis, that is currently legal for sale in Texas. When the bill went back to the House for final editing and conference, Texas house member Joe Moody struck the Delta-8 addition to the definition of a controlled substance. This infuriated Dan Patrick, who refused to let the measure get a final vote in the Senate before it went to the governors desk, and the leigslative session expired. Womp-womp-womp.

So for at least 2 more years, the laws relating to marijuana and THC possession remain the same. The only way something could change sooner would be a change in the Federal law.

History of TX Marijuana & THC concentrate (wax, dabs, shatter, etc) Laws

The Texas Controlled Substance Act was passed in 1989, and established what is the framework still used today for determining the legality of possessing certain plants, drugs, and controlled substances in Texas. This is codified in Section 481 of the Texas Health and Safety Code.

In Texas, possession of THC concentrates differently, baed on the erroneous conclusuion that the concentrated substance was more dangerous and addictive. Take a look at other controlled substances in the same penalty group as THC concentrate, and you will find substances like MDMA (3,4-Methylene-dioxy-methamphetamine).  No one will dispute that THC is a lot different than molly, but both are treated the same under the Texas Health and Safety Code. Even if we disagree on the legality of marijuana and THC, I think all of us should agree that taking mdma.

Possession of Marijuana

Under the current version of the code, possession of Marijuana (called ‘Marihuana’ in the code) has the following potential punishments for possession of a ‘usable amount,’ of marijuana:

• 2 ounces or less: Class B Misdemeanor (Up to 6 months in jail, up to $2,000 fine).
• 4 ounces or less but more than 2 ounces: Class A misdemeanor (Up to 1-year in jail, up to $4,000 fine).
• 5 pounds or less but more than 4 ounces:  State Jail Felony (6 months – 2 Yrs in state jail, and a fine up to $10,000)
• 50 pounds or less but more than 5 pounds: 3rd Degree Felony.
• 2,000 pounds or less but more than 50 pounds: 2nd Degree Felony.*
• More than 2,000 pounds: 5 to 99 years, or life, and a fine up to $50,000.

Possession of THC Concentrate

Unbelievably, they treat the concentrated form of cannabis much differently in Texas. Possession of any detectable amount of a substance that is made from Marijuana that has over 0.3% THC by weight is a FELONY in Texas!

Possession of THC Concentrate has the following criminal consequences in Texas:

• Less than one gram: State Jail Felony (6 months – 2 Yrs in state jail, and a fine up to $10,000)
• 1 to 4 grams: 3rd Degree Felony (2 – 10 Yrs in TDCJ, and a fine up to $10,000)
• 4 to 400 grams: 2nd Degree Felony (2 – 20 Yrs in TDCJ, and a fine up to $10,000) 
• More than 400 grams: 1st Degree Felony (5 to 99 yrs or life in TDCJ, and a fine not to exceed $50,000)

HOW THE CHANGES IN TX CANNABIS LAW DIED IN THE 2021 LEGISLATIVE TERM

House Bill 2593 was introduced by House Speaker Pro Tem Joe Moody. It was sponsored by Senator Nathan Johnson. Again, it would have reduced the penalty for possession of less than 2oz of substances derived from cannabis (concentrates like oils, vapes, edibles, infused products, etc) from a felony (according to the amount, as shown in the table above) to a Class B Misdemeanor. As you can see from the table of Marijuana penalties above, this bill would make these concentrate containing substances to be treated how we currently treat Marijuana flower. It would cover vape cartridges, pens, tinctures, or infused lotions as well.

The bill passed in the Texas House, and moved to the Senate. As passed out of the House and Senate State Affairs Committee HB 2593 had strong support for being passed. However, Senate Republicans led by Lt. Governor Dan Patrick added an amendmet during the floor debate which would have added Delta-8 THC to Penalty Group 2 of the Texas Health and Safety Code, just like Delta-9 THC (effectively making what is now an unregulated market, summarily illegal to sell or possess the substance). Because there was different versions from both chambers, House Speaker Joe Moody decided took the Bill to a Conference Committee to resolve the discrepencies between the two versions. 

Speaker Moody was successful in getting the problematic amendment removed during the Conference Committee – with the consequence of angering Senate Republicans and Dan Patrick, who felt they had compromised to pass a Marijuana law reform bill they had resisted passing for so many years. So the conference report was approved by the House, but in retaliation for striking the Delta-8 language from the Senate version of the Bill, Lt. Governor Dan Patrick chose inaction, refusing to recognize the bill’s sponsor, Sen. Nathan Johnson. Due to the HB 2593 being unable to present the Conference Committee Report before the expiration of the legislative term, the bill died.

Yes, Lt. Governor Dan Patrick is a bastard for doing this – but did Speaker Moody not also get a little too greedy? Progress is slow, had he accepted the compromise relating to Delta-8 THC, then Delta 9 would not be a Felony for another 2 years! So listen, we made progress on reforming Marijuana laws this session, but I think we missed an opportunity by lacking the finesse to get the important legislation passed.

ARRESTED FOR POSSESSION OF MARIJUANA or MARIJUANA CONCENTRATE (THC)?

Call LeGrande Law today to find out your options!

If accused of any drug offense, including Possession of THC Concentrate, you need an attorney that has a track record of winning drug cases.  Attorney Tristan LeGrande gets results – CALL NOW – FREE Consultation!

Contact attorney Tristan LeGrande by calling 281-684-3500

http://www.legrandelaw.com

http://www.houstondrugattorney.net

Houston Drug Attorney Tristan LeGrande

Tristan LeGrande – LeGrande Law

(Possession of a Controlled Substance in Penalty Group 2, PCS PG2)

FACT: LUNG DISEASES HAVE DEVELOPED IN PEOPLE AFTER VAPING PRODUCTS THAT CONTAINED THC.

In a press release from October 8, 2019, the Centers for Disease Control (CDC), informed the following regarding the outbreak of vape associated lung diseases:

• 1,299 cases of lung disease associated with some type of vaping
• Twenty-six deaths have been reported in 21 states in the US
• Most patients reported a history of using tetrahydrocannabinol (THC)-containing products. The latest national and state findings suggest products containing THC, particularly those obtained off the street or from other informal sources. (e.g. friends, illicit dealers), are linked to most of the cases and play a major role in the outbreak.
• Exclusive use of nicotine containing products has been reported by some patients with lung injury cases, and many patients with lung injury report combined use of THC- and nicotine-containing products. The possibility that nicotine-containing products play a role in this outbreak cannot be excluded.

FICTION: VAPING THC IS A CAUSE OF LUNG DISEASES

As with all illicit drugs, they are not regulated. Because they are not regulated, some of the vaping products that are being sold on the black market contain additives and flavorings that are linked to lung diseases. HOWEVER, the THC itself is NOT the cause of the outbreak of lung diseases!
It’s not clear how often vaping might lead to lung trouble or who is at highest risk. For example, are lung problems more common among vapers who already have breathing problems (such as asthma) or who use marijuana? Is it more common among younger individuals? Does use of e-cigarettes cause the lung disease? Or is an added substance (such as marijuana) or another contaminant the culprit? Since the FDA does not actively regulate e-cigarettes, it’s particularly difficult to get answers.

FACT: MORE CASES OF LUNG DISEASE HAVE DEVELOPED IN THOSE VAPING ILLICITLY MANUFACTURED THC

Most of those that have been diagnoses with a vaping related lung illness reported a history of vaping (THC)-containing vaping products. This has been reported in numerous stories in the media (albeit in a misleading way).

FICTION: VAPING LEGAL THC CONTAINING VAPING PRODUCTS IS DANGEROUS

There has not been a single reported vape related illness from the use of legally obtained THC containing vaping products. I challenge anyone to come forward with information about a vaping related illness where someone never consumed an illicit THC containing product (and I will happily change my position).

BEFORE YOU PLEAD GUILTY TO POSSESSION OF THC…

Call LeGrande Law for a FREE consultation

If accused of a drug crime, including Possession of Marijuana or Cannabis Oil (THC), you need an attorney with proven results, winning cases.  Attorney Tristan LeGrande gets results – CALL NOW for a Free Consultation!

Contact attorney Tristan LeGrande

281-684-3500

Essentially, the new law states that any plant or substance derived from a plant, that has a THC concentration less than 0.3% is no longer defined as a controlled substance (or marijuana) for purposes of the Texas Health and Safety Code’s punishments for related offenses.

WHY TO NEVER PLEAD GUILTY TO POSSESSION OF MJ OR THC

1. TX crime labs Cannot quantify how much THC is in ANY substance

None of the Texas crime labs that are used to test for the presence of controlled substances has the ability to test for the QUANTITY of THC. The only thing that they can test for is the PRESENCE of THC. The GC/MS laboratory analysis are very sensitive, and can detect even 1 mg of THC, however, they DO NOT have the ability to quantify how much THC a suspected substance has.

This creates a HUGE problem for District Attorney’s Offices across the state. Simply put, they cannot prove that the suspected substance is actually controlled and regulated as a PG 2 substance, marijuana, or Hemp, because it has a THC concentration below the threshold level.

2. New law has enactment date of September 1, 2019 – HOWEVER, statutory construction dictates it be applied to ALL future cases.

Without nerding out too much…follow me on the statutory construction of a new law like the Texas Hemp Farm Act to understand WHY THE NEW LAW IS RETROACTIVE:

• The new law is outside the Texas Penal Code
• The new law is ambiguous because it has an enactment date, but no enabling legislation or a savings provision (basically this means that the new law does not specify to what offenses it applies to; eg, if a person is arrested before the enactment date and tried after the enactment date.
• When a law is ambiguous, the Texas Government Code gives guidance in the interpetation and application of a new statute under Chapter 311, TX GOV CODE.
• Under the Texas Government code: “If the penalty, forfeiture, or punishment for any offense is reduced by a reenactment, revision, or amendment of a statute, the penalty, forfeiture, or punishment, if not already imposed, shall be imposed according to the statute as amended.” TX GOV CODE 311.031(b)
• Since the penalty or punishment for substances with less than 0.3% THC is reduced, the new statute applies, despite when the alleged offense was committed.
• Applying the new Statute requires that the jury find beyond a reasonable doubt that the substance you were alleged to have possessed contained a THC concentration over 0.3%.

3. If they cannot prove the quantity of THC in a given substance, they cannot prove guilty Beyond a Reasonable Doubt

The labs cannot tell the difference between 95% THC and 0.00001 % THC.

BEFORE YOU PLEAD GUILTY TO POSSESSION OF THC OR MARIJUANA…

Call LeGrande Law for a FREE consultation

If accused of a drug crime, including Possession of Marijuana or Cannabis Oil (THC), you need an attorney with proven results, winning cases.  Attorney Tristan LeGrande gets results – CALL NOW for a Free Consultation!

Contact attorney Tristan LeGrande

281-684-3500

What does the new law say?

On June 10, 2019, Governor Abbot signed House Bill 1325, what has become known as the Hemp Farming Act (Act). The Act was passed with the intention of promoting the cultivation and processing of hemp and hemp products.  See HB 1325 sec. 2(b)(2). Although it is agreed that the bill became effective upon signing, it is disputed whether it applies retroactively

Under the new law “hemp” plant, and its seeds, derivatives, extracts,etc., with a (THC) concentration of not more than 0.3 percent.

How does this affect people charged with Marijuana or THC oil?

The unintended consequence of the law change is that there is added difficulty proving possession of Marijuana and THC, or cannabis oil.  This is because the laboratories around the state cannot distinguish between Hemp that contains less than 0.3% THC, and higher concentration Cannabis plant or THC-oil.  The labs in the state of TX can currently only detect the presence of THC and cannot quantify the amount. 

Now, to prove possession of marijuana or THC-oil, the state must prove possession and also prove that the substance is actually marijuana or a THC containing product with over 0.3% THC. 

The added element that the State of Texas must now prove in a Marijuana or THC-oil case is that “the state must prove beyond a reasonable doubt that the marijuana contained THC greater than 0.3 percent on a dry weight basis.” COnsidering that the labs cannot prove up the allegation (unless new methods are develloped and implemented), the State must prove this up through other evidence, including admissions and physical evidence indicating the item has a higher THC concentration.  This is the element that has prompted many prosecutors to no longer accept marijuana charges, and to go so far as to instruct law enforcement agencies not to file marijuana cases unless THC levels can be proven to be above the 0.3 percent threshold.

If I am suspected of Marijuana or THC oil possession, what should I do?

#1 DO NOT make any admissions about possession of Marijuana or THC-oil.

2 – DO NOT keep Marijuana or THC-oil products in the original packaging that indicates it is a high-THC cannabis product!

CHARGED WITH POSSESSION OF MARIJUANA OR THC?

If accused of a drug crime, including Possession of Marijuana or Cannabis Oil (THC), you need an attorney with proven results, winning cases.  Attorney Tristan LeGrande gets results – CALL NOW for a Free Consultation!

Contact attorney Tristan LeGrande

281-684-3500

Seems simple enough, but the majority of clients that call me with a legal issue do so AFTER they have already spoken to the police, made a statement, or even given a recorded interview. This can seriously damage their defense – if you the police are investigating a crime and they either tell you that you are a suspect, you think you may have done something illegal, or you have any reason to think you might be suspected of doing anything illegal – DO NOT SPEAK TO THE POLICE AND DO NOT ANSWER ANY QUESTIONS.

As you probably already know, the right to remain silent is an important right. The 5th Amendment to the US Constitution acknowledges the right not to be compelled to offer evidence against yourself. The “Miranda” rights we are all familiar with hearing from television is a reflection of the Supreme Court recognizing this very important right. What you don’t say can’t hurt you. If you find yourself in a situation where the police want yo question you or have you make a statement, you need to calmly, but assertively, inform the officer (or agent, investigator, etc) …

1. You will not be making any statement
2. You will not be answering any questions
3. If you are under arrest, you want to speak to a lawyer immediately.

Many people are intimidated when the police contact them and ask them to come in and answer questions or make a statement. Make sure you listen carefully to what the officer tells you – they are REQUESTING that you make a statement or answer questions. They will likely want you to sign something waiving the important rights I mentioned earlier. DO NOT DO IT.

One final important caveat is that you must ASSERT your right to remain silent if you are arrested. Simply staying quiet is not enough. If the police are asking you questions, you need to state simply “I am using my right to remain silent,” or something to that effect. Unfortunately, some cases have required this type of assertion to invoke all of your 5th amendment protections. See Salinas v. Texas, 133 S.Ct. 2174 (2013)

Before you even consider talking to the police, contact attorney Tristan LeGrande for a free consultation. If you have already been charged with a crime, don’t leave it up to chance! Hire an aggressive attorney with a track record of success!

LOCKED UP?

CALL LEGRANDE LAW!

281-684-3500

If you are accused of ANY CRIME, do not leave your future up to chance! You need an attorney with a track record of fighting criminal cases!

 Attorney Tristan LeGrande GETS RESULTS – CALL NOW – Free Consultation!

CONTACT ATTORNEY TRISTAN LEGRANDE TODAY!

It finally happened, Fort Bend County, Texas has taken the bold step of offering those found in possession of THC concentrate (wax, dabs, shatter, Tetrahydrocannibinol) the opportunity to avoid a felony on your record, and allow you to get your case dismissed. In the last several months, Fort Bend County rolled out the “Felony Fresh Start Cannabis Oil Diversion Program.” Details about the program can be found below.

For several years, counties like Harris County have been offering those found in the possession of small amounts of marijuana an opportunity to keep charges off their record, if they are found by law enforcement to be in possession of small amounts of Marijuana. Harris County residents can be found in possession of up to a quarter of a pound of marijuana (up to four ounces), and you are not even arrested or charged (so long as you are not accused of doing anything else wrong more than a traffic offense).

CLICK HERE to review additional info from the Harris County District Attorney website about the Misdemeanor Marijuana Diversion Program. 

The Fort Bend County Fresh Start Cannabis Oil Diversion Program does have certain criteria that he or she must meet in order to be eligible for the program:

• Be 17 years of age or older
• Formally charged with Possession of a controlled substance in penalty group 2 (Tetrahydrocannibinol), 400 grams or less (State Jail Felony3rd Degree Felony, or 2nd Degree Felony
• Has no additional charges arising out of the same arrest other than Class B possession of Marijuana, or Class C tickets
• Has no outstanding warrants other than Class C Misdemeanor tickets
• Is not on bond, deferred adjudication or probation in Fort Bend County or any other jurisdiction for any offense other than a Class C Misdemeanor.

A person is not eligible to participate in the Cannabis oil diversion program if he or she:

• Is a “true habitual,” or has a criminally violent background
• Commits the current offense in a “drug free zone”
• Commits the current offense in a correctional facility
• Does not enter the Cannabis Oil Diversion Program within the first 30 days of their first court appearance (unless the program was not in place at that time)
• Is not currently enrolled in the Fort Bend County Fresh Start Marijuana Diversion Program, the cannabis oil diversion program, or has been previously enrolled in either program.

Additionally, applicants to this program are required to submit an application packet containing Character reference letters, and proof of employment or enrollment in a school or university. The requirements for submission of this packet vary case by case. Please contact a criminal defense attorney with experience practicing in Fort Bend County for additional details about submission of the application packet.

So then why would you hire an attorney?

1. Not everyone is eligible,
2. There are new defenses available to Defendants now that hemp, hemp oil, and CBD oil are legalized. State owned laboratories do not currently have the ability to distinguish between the three because very small amounts of THC are contained in all three, and the labs can only detect the presence, not the quantity, of THC in the sample.
3. You still may be able to fight your case. If the stop or search of your person or property was illegal, you may be able to get your case dismissed, or evidence suppressed at trial.

***UPDATE *** making information public about the cannabis oil diversion program has brought attorney Tristan LeGrande significant blow-back from the Fort Bend County District Attorney’s Office, and even from fellow criminal defense attorney’s that practice in Fort Bend County (unhappy because this knowledge means fewer clients for some of them). Sorry, not sorry. The public DESERVES to know how TREATMENT OF THESE TYPES OF OFFENSES IS CHANGING!

CHARGED WITH POSSESSION OF THC (wax, dabs)?

If you are accused of any drug crime, including Possession of THC Concentrate, you need an attorney with a track record of winning drug cases.  Attorney Tristan LeGrande gets results – CALL NOW for a Free Consultation!

Contact attorney Tristan LeGrande by calling 281-684-3500

Houston Drug Attorney Tristan LeGrande

Tristan LeGrande – LeGrande Law

(Possession of a Controlled Substance in Penalty Group 2, PCS PG2)

Potential punishments for evading arrest or detention depend on several things, namely, whether or not you were in a vehicle, and whether you failed to stop or were attempting to flee.  If accused of running from the police in a motor vehicle, or have a previous conviction for evading arrest – you are looking at Felony exposure.

What is Evading Arrest (Texas Penal Code 38.04) under Texas Law? 

TEXAS PENAL CODE Sec. 38.04. EVADING ARREST OR DETENTION.

(a) A person commits an offense if he intentionally flees from a person he knows is a peace officer or federal special investigator attempting lawfully to arrest or detain him.

Laymen’s terms: 1. Intentionally flee, 2. Person you know is a cop, 3. Attempting to lawfully arrest/detain.

• If charged with Evading arrest ON FOOT…the offense is a class A misdemeanor, with a potential punishment of up to 1 year in county jail and a fine not to exceed $4,000.

IF CHARGED WITH EVADING ARREST IN A MOTOR VEHICLE, IT IS A FELONY

38.04(b)(2) EVADING ARREST OR DETENTION (WITH A MOTOR VEHICLE)

(b)(2) An offense under this section is a felony of the third degree if the actor uses a vehicle or watercraft while the actor is in flight.

• If charged with evading arrest IN A MOTOR VEHICLE…the offense is a 3rd degree felony punishable by 2 to10 years in the Texas Department of Criminal Justice, and a fine not to exceed $10,000.

What is Eluding Arrest (Texas Transportation Code 545.421)? 

This is a lesser known offense that is seldom charged, but is often a more accurate way to describe a situation in which an officer is attempting to arrest or detain someone, but the person does not yield to their authority (they are not necessarily trying to flee, or get away, but just are not yielding to the officers order to stop).

Texas Transportation Code 545.421 Fleeing or Attempting to Elude Police Officer

CHARGED WITH EVADING ARREST?

CALL LEGRANDE LAW!

281-684-3500

Whether you are accused of evading arrest or detention, or ANY CRIME, do not leave your future up to chance!!!!  You need an attorney with a track record of successfully defending criminal cases.

 Attorney Tristan LeGrande gets results – CALL NOW for a Free Consultation!

CONTACT ATTORNEY TRISTAN LEGRANDE TODAY!

http://www.legrandelaw.com

http://www.houstondrugattorney.net

Houston Drug Attorney Tristan LeGrande

Tristan LeGrande – LeGrande Law

]]> https://legas.legrandelaw.com/criminal-justice/i-ran-from-the-police-and-they-caught-me-what-am-i-looking-at/feed/ 0 683 https://legas.legrandelaw.com/criminal-justice/they-didnt-read-me-my-rights-does-it-matter/ https://legas.legrandelaw.com/criminal-justice/they-didnt-read-me-my-rights-does-it-matter/#respond Tue, 08 Jan 2019 22:18:12 +0000 https://legas.legrandelaw.com/?p=727 Read More

There is a common misconception about your rights, relating to a person’s “Miranda” rights, and the effect of an officer not reading you Miranda warnings when you are arrested.  Movies and television would have you believe that it is some kind of magic bullet – if they did not read you Miranda warnings, you were going to walk on whatever charges you are facing. Miranda v. Arizona, 484 U.S. 436 (1966).

Not so fast.  “Miranda” has a limited application.  There are two requirements for Miranda to apply:

(1) Custody, and (2) Interrogation.

Essentially, the Miranda court case held that if you are under arrest, you must first be given certain warnings about your constitutional rights, your right against self incrimination (the 5th amendment), and your right to consult with an attorney (6th amendment).

However, for Miranda to apply, it is essential that you are actually IN CUSTODY.  By that I mean, you are under arrest.

How do you know when you are under arrest?

The Texas Code of Criminal Procedure defines the point someone is under arrest as: “when he has been actually placed under restraint or taken into custody by an officer…”Texas Code of Criminal Procedure Section 15.22.  In interpreting when an arrest takes place, the 5^th Circuit has weighed in with an objective standard: “if a reasonable person in the suspect’s position would have understood the situation to constitute a restraint on freedom of movement of the degree which the law associates with a formal arrest.  United States v. Corral-Franco, 848 F.2d 536, 540 (5^th Cir. 1988).

What If You are Under Arrest, Not Given Miranda Warnings, and Then Questioned?

If you are not notified of, and affirmatively waive the following prior to any custodial interrogation, any statements made in violation of Miranda may be inadmissible against you in a criminal prosecution:

• The right to remain silent
• Any statements you make can and will be used against you in court
• You have a right to consult with an attorney prior to answering any questions
• If you cannot afford an attorney, one will be appointed to represent you free of charge

If you are under arrest and the police want to question you DO NOT ANSWER ANY QUESTIONS WITHOUT CONSULTING WITH AN ATTORNEY FIRST.

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If you are accused of ANY CRIME, you need an attorney with a track record of successfully defending criminal cases.

 Attorney Tristan LeGrande gets results – CALL NOW for a Free Consultation!

Contact attorney Tristan LeGrande by calling 281-684-3500

http://www.legrandelaw.com

http://www.houstondrugattorney.net

Houston Drug Attorney Tristan LeGrande

Tristan LeGrande – LeGrande Law

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